Terms of Service

1. Agreement to Terms

By accessing and using Brandlark's services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

2. Description of Services

Brandlark provides growth marketing services for ecommerce stores, delivered as defined system builds, including but not limited to:

• Paid advertising campaign management (Meta, Google, TikTok)
• Creative content development and testing
• Campaign optimization and performance tracking
• Revenue reporting and analytics

3. Pricing Model

3.1 Engagement Structure

Brandlark engagements consist of two components: (a) the Growth Blueprint, a one-time fixed-fee diagnostic and planning engagement priced at $5,000–$10,000 depending on business complexity; and (b) the Growth Systems Partnership, in which Brandlark builds growth systems across the three levers. Each system is a one-time build priced individually at $15,000–$35,000 per system. There is no monthly retainer and no revenue share. The specific fees, scope, and timeline for each system are documented in the client's engagement agreement and agreed before work begins.

3.2 Reporting and Attribution

Brandlark reports performance using industry-standard tracking methods including platform integrations, pixel tracking, and UTM parameters. Reporting is tied to verified incremental revenue above a contractually defined baseline so clients can independently confirm results. Reporting is for transparency and does not affect fees, which are fixed per system.

3.3 Advertising Costs

Client is responsible for all direct advertising costs paid to advertising platforms (Meta, Google, TikTok, etc.). Ad budgets remain in the client's own accounts and under the client's control. These costs are separate from and in addition to Brandlark's per-system fees. Client maintains full control over advertising budget.

4. Client Responsibilities

Clients agree to:

• Provide accurate business information and access to necessary accounts
• Maintain required integrations for tracking and attribution
• Pay advertising costs directly to ad platforms in a timely manner
• Review and approve ad spend budgets and major creative changes
• Pay Brandlark's fees according to the schedule in the engagement agreement
• Provide at least 30 days written notice if terminating an active engagement

5. Brandlark Responsibilities

Brandlark agrees to:

• Manage advertising campaigns with industry best practices
• Provide transparent biweekly performance reports
• Optimize campaigns for maximum return on ad spend (ROAS)
• Maintain accurate performance reporting
• Communicate significant campaign changes or issues promptly

6. Service Term and Termination

6.1 No Long-Term Contracts

Engagements are structured as defined, one-time builds with a fixed scope and timeline agreed before work begins. There are no monthly retainers and no long-term contractual obligation beyond the scope of the agreed engagement.

6.2 Termination by Either Party

Either party may terminate an active engagement with 30 days written notice. Termination must be submitted in writing via email to the designated contact. Fees for work completed up to the termination date remain payable.

6.3 Completed Work and Deliverables

On completion of a system build, the associated deliverables and any applicable license (see Section 9) are provided to the client as set out in the engagement agreement. Brandlark has no further payment claim on client revenue after an engagement ends.

7. Performance Expectations and Disclaimers

7.1 No Guaranteed Results

While Brandlark employs industry best practices and optimization strategies, we do not guarantee specific revenue targets, ROAS, or conversion rates. Marketing performance depends on numerous factors including product-market fit, pricing, website quality, market conditions, and advertising platform algorithms beyond our control.

7.2 "Aligned Incentives" and "Performance-Based" Disclaimers

References to being "measured on verified revenue," "aligned incentives," or similar language describe Brandlark's reporting approach and focus on outcomes; they do not constitute a guarantee of results. Such references do NOT eliminate the client's responsibility for advertising costs paid directly to ad platforms, which are at client's own risk.

7.3 ROAS Optimization

References to "optimized for positive ROAS" or similar language indicate our goal and approach to campaign management. They do not constitute a guarantee of positive ROAS on every campaign or advertising dollar spent.

8. Payment Terms

8.1 Invoice Schedule

Fees are invoiced according to the schedule set out in each engagement agreement, typically a deposit at kickoff and the balance on delivery of each system.

8.2 Payment Due Date

Payment is due within 15 days of invoice date. Late payments may incur a 1.5% monthly late fee.

8.3 Disputed Charges

Clients must notify Brandlark of disputed charges within 10 days of invoice receipt. Undisputed portions must be paid on schedule while disputes are resolved.

9. Intellectual Property

9.1 Client Materials

Client retains all rights to their brand assets, logos, product images, and other materials provided to Brandlark.

9.2 Campaign Creative

Creative assets developed by Brandlark for client campaigns (ad copy, images, videos) are licensed to client for use during and after the service term. Brandlark retains the right to showcase these materials in portfolios and case studies unless otherwise agreed in writing.

9.3 Processes and Strategies

Brandlark retains all rights to proprietary processes, strategies, and methodologies used in delivering services.

10. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the course of services. This includes but is not limited to revenue data, campaign strategies, customer data, and business plans. Confidentiality obligations survive termination of services.

11. Limitation of Liability

Brandlark's total liability for any claims arising from services shall not exceed the total fees paid by client for the engagement giving rise to the claim in the 12 months preceding the claim. Brandlark is not liable for indirect, incidental, consequential, or punitive damages including lost profits or revenue.

12. Indemnification

Client agrees to indemnify and hold harmless Brandlark from any claims arising from: (a) client's products or services, (b) client-provided materials or content, (c) violations of advertising platform policies by client, or (d) client's breach of these Terms.

13. Compliance with Laws and Platform Policies

Both parties agree to comply with all applicable laws and advertising platform policies. Brandlark reserves the right to refuse campaigns that violate platform policies or applicable regulations.

14. Changes to Terms

Brandlark reserves the right to modify these Terms with 30 days notice. Continued use of Services after changes constitutes acceptance of modified Terms. Material changes affecting pricing or fee structure require client's explicit written consent.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Washington. Any disputes shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Seattle, Washington.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, along with any written service agreements, constitute the entire agreement between client and Brandlark regarding services.

18. Contact Information

For questions about these Terms of Service, please contact:
Brandlark
Email: legal@brandlark.co