Amplifier Policies

(January 2017)

Accounts Policy

This Accounts Policy (“Policy”) is incorporated into the Amplifier terms of service as published on the Amplifier website (“Terms”). The Terms shall control in the event of any conflict or inconsistency between this Policy and the Terms. All capitalized terms not otherwise defined in this Policy will have the meaning given them in the Terms. Per this Policy and the Terms, Amplifier may terminate your account or place your account on hold.

Please review all related support documentation at amplifier.com.

1. Account Plans and the Monthly Fee. Amplifier offers different account plans. Clients may choose the account plan that fits their needs, and requesting certain Services will automatically trigger particular account plans, per the Pricing Page.

2. Account Settings and Multiple Accounts. You may have more than one Account with Amplifier. Monthly fees, usage fees, and volume discounts apply individually to each account.

3. Good Standing. Accounts in “Good Standing” are not in breach of the Terms, have an Account balance equal to or greater than the Minimum set by Amplifier, and do not have an amount overdue. Accounts in Good Standing can (i.) access their account reports and balance by logging into their Account and can also (ii.) select, authorize, and order Services through their Account.

4. Held Accounts. You acknowledge that Amplifier shall suspend activity for Held Accounts, which may be inaccessible to clients during the hold. If you operate more than one account with Amplifier, Amplifier may place any or all of your accounts on hold if one of your accounts is on hold. Amplifier reserves the right to place an Account on hold (such an account a “Held Account”) for reasons including, but not limited to:

  • poor payment history, an Account Balance below the Minimum, or insufficient funds;
  • suspicious activity;
  • using abusive language or otherwise threatening Amplifier or its staff;
  • time to examine or resolve an unauthorized transaction, complaint, or dispute;
  • extraordinary support requests.

5. Closing an Account. At any time, you may close your Account by contacting Amplifier Client Service and following instructions. You must outship or dispose of all of your inventory to stop being billed for storage, SKU Support, and any applicable monthly fees. These Services may be requested through your Account, provided you must have an Account balance sufficient for the Services. Amplifier reserves the right to refuse offboarding outship projects during November and December. Returns Handling and Customer-support Service will cease upon the closing of your account. You may access your account for 10 days after you close that account, after which time you will no longer be able to access your account. After closing your account, you will remain liable for any obligation related to your account. Amplifier may keep your minimum balance for 90 days to cover charges related to lingering returns or other services.

 

Fees Policy

This Fees Policy (“Policy”) is incorporated into the Amplifier terms of service as published on the Amplifier website (“Terms”). The Terms shall control in the event of any conflict or inconsistency between this Policy and the Terms. All capitalized terms not otherwise defined in this Policy will have the meaning given them in the Terms.

 

1. Fees. You agree to pay the usage and monthly fees set forth in the Pricing Page and via orders placed at Amplifier.com or in communication with Amplifier Client Service and other personnel. Requesting certain Services will automatically trigger particular account plans, per the Pricing Page.

2. Estimates. As stated in the Terms, Amplifier will from time to time and based on information available at the time provide estimates of shipping charges, production costs, special-project fees, and the like. Upon completion of work or a project, the final actual costs will be known and billed.

3. Taxes. You agree to pay all transaction-related taxes, where applicable, charged by Amplifier to you. In addition, if you are engaged in business in Texas, you must have a Texas resale certificate on file with Amplifier.

4. Prompt Review and Disputes. You are urged to review all Amplifier fees on an ongoing and frequent basis so that Amplifier can work with you in a timely manner should a discrepancy or disagreement as to a charge arise. If you disagree with any Usage Fees, you must submit a written dispute notice to Amplifier within 60 days of the fee being assessed. Amplifier has no obligation to review dispute notices after this 60-day period. All non-disputed amounts must be paid on time.

5. Minimum Balance. Amplifier requires clients to keep a minimum balance in their account. Amplifier sets the minimum balance based on a number of factors. Amplifier may increase or decrease the minimum balance based on its reasonable judgment about the risk associated with any given Account. Factors that may cause Amplifier to increase the minimum balance or alter its service levels for an Account include but are not limited to:

  • client ceases a substantial portion of or its business or adversely alter its business/operations;
  • insolvent or bankruptcy of a client;
  • a disproportionate number of customer complaints, reversals, chargebacks, claims, fees, fines, penalties or other liability related to an Account; or
  • We reasonably believe that a client will be unable to perform its obligations under the Terms.

Amplifier may immediately increase the minimum balance and if we reasonably believe that it is warranted under this section. We will notify clients of such changes, and clients may close an Account if they object to the changes. Amplifier reserves the right to hold the minimum balance for up to 90 days after an Account is closed.

6. Insufficient Funds. You must maintain sufficient funds in its Account to cover any pending monthly, shipping, or production fees. Amplifier will attempt to utilize the credit card, PayPal, or other payment method on file for an Account to charge payment as needed to cover such fees and the minimum balance. If Amplifier is unable to secure such payment, your Account may be put On Hold.  

7. Invoicing. Subject to credit requirements set by Amplifier, Amplifier may agree to allow you to pay amounts due hereunder in arrears. In such event, you will make all of the payments due hereunder within 15 days of the date the invoice was sent to you. If you are overdue on a payment, then Amplifier may (i.) remove credit terms for you and require prepayments and a minimum balance per this Policy, (ii.) place the account on hold, (iii.) assess a late fee of the lesser of 1% per month or the maximum amount allowable by law, and (iv.) attempt to receive payment from you via credit card, PayPal, or other payment method on file.

8. Policy Violation Expenses. If you violate the Amplifier Item Eligibility Policy and we incur costs as a result of your violation, you agree that we can recover those costs from you.

9. Customs Duties. Amplifier is not and will not ever be the “Merchant of Record” for any of your inventory or receiving events. Amplifier will not pay any Customs Duties or Taxes due related to your inventory.



Item Eligibility Policy

This Item Eligibility Policy (“Policy”) is incorporated into the Amplifier terms of service as published on the Amplifier website (“Terms”). The Terms shall control in the event of any conflict or inconsistency between this Policy and the Terms. All capitalized terms not otherwise defined in this Policy will have the meaning given them in the Terms.

Also be advised that specific destinations, carriers, and insurance providers may have additional policies, limitations, or fees separate from Amplifier, for which you are solely responsible.

In general:

  • Any shippable product must be able to pass five 4-foot drop tests (flat on top; flat on base; flat on shortest side; flat on longest side; on a corner) onto a hard surface without the product breaking;
  • Any shippable product must also be able to withstand a full minute of vigorous shaking, both by itself and also in its intended shipping container, without any contents breaking.

 

Conditional Items:

You must obtain written approval from Amplifier prior to sending the following types of items to Amplifier. Their characteristics require special attention or limitations of service by Amplifier, and you must sign a product-specific addendum to the Terms before the items can be processed. If you fail to obtain such approval in advance of shipping Conditional items, Amplifier is not responsible for any processing delays or associated costs:

  • Regulated Products and products with specific transportation restrictions and/or limitations;
  • High-value products, or restricted monetary equivalents, including products with a replacement value over $200 per item or cash equivalents;
  • Hazardous and/or dangerous products, including: aerosols and flammable liquids; perfumes and fragrances; weapons and knives; Lithium-ion batteries; any product with, or requiring, a Material Safety Data Sheet (MSDS);
  • Products not in bags that can be damaged by dust;
  • Posters or flyers which require rolling or packaging to prevent crushing;
  • Used and previously-owned products;
  • Adult-oriented products;
  • Over-sized products, including: individual products weighing more than 30 lbs. (13.6 kg), products with any dimension longer than 24 inches. Carriers also charge higher fees for larger items independent of their actual weight. These fees are based on a measure of the package density known as the “dimensional weight.”
  • Temperature- and pressure-sensitive products, including:
    • Products that would become brittle or otherwise be damaged in temperatures < 32° F (0° C)
    • Products that would melt or otherwise be damaged in temperatures > 90° F (32° C)
    • Products susceptible to damage because of any condition that may be encountered in air transportation, such as high or low temperature, high or low atmospheric pressure, or sudden changes in either;
    • Products (or product packaging) that are susceptible to damage through ordinary handling or extended storage;
    • On-demand items that are not made or printed by Amplifier.

Amplifier also prohibits and will not handle:

  • Any products related to illegal activities, or which are prohibited by law in the place of origin, destination, or any locations through which the products travel.
  • Products that are considered lewd, obscene, or pornographic, or that violate the community standards of the place of origin, the destination, or any locations through which the product travels.
  • Products requiring specific licenses to store or distribute. Examples of products with distribution and licensing requirements may include, but are not limited to: tobacco, ammunition & firearms, explosive or hazardous products, prescription pharmaceuticals, live plants and animals, precious metals (gold, silver, etc.), products containing perishables.

Amplifier may take corrective or preventative actions to protect itself and its clients at any time. Any user violating this policy voids any implied or express warranties and violates the Amplifier Terms. Violating this policy may also result in the temporary or permanent suspension of Amplifier’s services on your behalf, the denial of access to your account, and/or the termination of your account and other accounts you have with Amplifier. If you have an account that is permanently closed for violating this policy, you may also be barred from future use of Amplifier and its services, and such clients are not permitted to directly or indirectly open new or additional Amplifier accounts on behalf of themselves or others.




Prohibited Activities Policy

This Prohibited Activities Policy (“Policy”) is incorporated into the Amplifier terms of service as published on the Amplifier website (“Terms”). The Terms shall control in the event of any conflict or inconsistency between this Policy and the Terms. All capitalized terms not otherwise defined in this Policy will have the meaning given them in the Terms.

 

You may only use the Services as expressly permitted by Amplifier. You may not cause harm to the Amplifier Platform or the Services.

1. Prohibited Activities. Specifically, but not by way of limitation, you may not:

(a) upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(b) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Services;

(c) interfere with, or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Service;

(d) use a robot, spider or other device or process to monitor the activity on or copy pages from the App or site, except in the operation or use of an internet “search engine”, hit counters or similar technology;

(e) collect electronic mail addresses or other information from third parties by using the Service;

(f) impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity;

(g) use any meta tags, search terms, key terms, or the like that contain Amplifier’s name or trademarks;

(h) engage in any activity that interferes with another user’s ability to use or enjoy the Services; or

(i) assist or encourage any third party in engaging in any activity prohibited by this TOS.

(j) use the Service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

(k) upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children;

(l) upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, defamatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.

(m) upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can’t use images of celebrities or corporate products, nor images, text, or designs that you’ve copied from a website without written permission from the owner. You cannot create a “new” image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;

(n) upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

(o) upload, download, post, email or otherwise transmit false or misleading information;

(p) disrupt or interfere with the security of, or otherwise abuse, the Service;

(q) disrupt or interfere with any other user’s enjoyment of the Service or affiliated or linked websites;

(r) use an anonymizing proxy;

(s) incorporate images or names that would violate a person’s right of privacy or publicity; or

(t) use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service.

(u) breach the Amplifier Terms or Policies;

(v) violate any law, statute, ordinance, or regulation;

(w) control an Account linked to another Account that has violated this or other Amplifier policies.

2. Monitoring. Amplifier reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Service. If Amplifier determines, in its sole and absolute discretion, that you or another Amplifier user will breach a term or condition of this Policy or that such transaction or communication is inappropriate, Amplifier may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

3. Warranty Void. If you engage in any of the activities or conduct prohibited by this Policy then any and all express or implied warranties shall become null and void.



Receiving Policy

This Receiving Policy (“Policy”) is incorporated into the Amplifier terms of service as published on the Amplifier website (“Terms”). The Terms shall control in the event of any conflict or inconsistency between this Policy and the Terms. All capitalized terms not otherwise defined in this Policy will have the meaning given them in the Terms.

1. Follow the Item Eligibility Policy. Please familiarize yourself with the Item Eligibility Policy before sending any inventory to Amplifier. Do not send to Amplifier any items that violate this Policy.  

2. Follow the Amplifier Routing Guide. It is your responsibility to ensure that you and your third-party suppliers follow the Amplifier Routing Guide, available via Amplfier.com, and otherwise prepare deliveries in agreement with Amplifier policies and practices.


Deliveries that do not fully comply with the Amplifier Routing Guide will take longer to process and result in greater Amplifier charges for receiving such inventory. For inventory in substantial deviation from a compliant receipt, Amplifier may, in its sole discretion simply refuse or return any inbound shipment, at your cost, and shall not be liable or responsible for any cost, expense, loss, injury, misconsignment, or damage of any nature to, or related to, such refused goods.

3. Custom Duties or Fees. Your inbound shipments must be free and clear of all duties and fees before arriving at Amplifier. Amplifier is not liable for any duties, customs or fees related to the inventory. Amplifier cannot be the Importer of Record for your merchandise. You must be the ultimate consignee, and you are responsible for your merchandise clearing any government, carrier, or customs inspections. You must have the required business registrations and tax IDs for your inventory as required by Customs. If your inventory arrives at Amplifier with fees, duties, or customs applicable to the shipment, these charges, in addition to a processing fee, will be billed to your Account. Until these fees are paid, the inventory may be held from outbound shipment. If notice of fees is determined at a later date, all penalties and holds will be immediate and retroactive.

4. Client Inventory. Amplifier will provide Services with respect to the Client Inventory. As used herein, “Client Inventory” is defined as those items, products, and goods owned by you, or goods for which you have legal authority to supply, and supplied to Amplifier with the approval of Amplifier for packaging for shipment to your customers. You shall provide Amplifier with sufficient amount of inventory to meet the fulfillment requirements under the Terms. Amplifier shall have no liability to you or any third party for losses caused directly or indirectly by your failure to provide sufficient Inventory.

5. Receiving Events. Amplifier will receive Client Inventory from you and your suppliers that you intend to ship via Amplifier. Within a commercially reasonable period of time after delivery at Amplifier’s main warehouse address, Amplifier shall receive the Client Inventory and shall store it in Amplifier’s warehouse. You agree to pay Amplifier Receiving fees per the Pricing Page.

6. Inventory Inspection. You acknowledge and agree to hold out to any and all third parties that Amplifier will not be able to know of or ascertain any defects in the Client Inventory provided by third parties and therefore will not be held liable for costs incurred by you resulting from any defective inventory.

7. Segregating Inventory Other Than By SKU. Amplifier will not segregate inventory by production code date. If you require this, you may create a unique SKU for each production batch.

8. Inventory By Account. If you operate more than one Account at Amplifier, you must send orders to the appropriate Account and also ensure Amplifier is notified of incoming inventory for the correct Account. If inventory is incorrectly sent to the wrong Account, your sole remedy is to pay Amplifier to transfer inventory from one Account to another. Amplifier is not responsible for such issues related to using multiple Amplifier Accounts.

9. Receiving Accuracy and Disclaimers. Submit accurate quantities via the ASN process and ensure that your third-party suppliers do the same. Accurate Inventory counts are important to billing accuracy and  timely order processing. Amplifier will verify quantities using the external markings on cases. The Amplifier receiving process may audit case pack quantities for one case per SKU and extrapolate the total units quantity received. Any variance in case pack quantities must be explicitly labeled on the outside of the case. Concealed variances often cannot be identified. Amplifier inventory counts are not audited or certified accurate. Should an inventory discrepancy be found, Amplifier’s responsibility is limited to updating the Amplifier Account inventory levels to match the discovered actual inventory levels.

10. Item Units of Measure. You agree to provide Amplifier with information concerning the stored inventory that is accurate, complete and sufficient to allow Amplifier to comply with all laws and regulations concerning the storage, handling and transporting of the stored inventory. Amplifier typically will validate product weights and dimensions only the first time that item is received at a warehouse. Amplifier does not audit each receipt over time for accuracy of product dimensions. Amplifier specifically disclaims responsibility for the accuracy of product attributes (weight and dimensions).

11. Requesting an Audit. If you would like Amplifier to audit inbound receiving item counts, inventory levels, or product attributes (weight and dimensions) for inventory being received, in storage, or as packaged for shipment, you must request a Project per the Projects Policy.

12. Inbound Freight. See the Amplifier Routing Guide for detailed requirements. You are responsible for any and all costs of shipping the Client Inventory to Amplifier. While Amplifier can connect you with carriers for inbound freight, Amplifier is not responsible for any delays or fees including, but not limited to wait time, demurrage, detention, or re-delivery fees.



Storage Policy

This Storage Policy (“Policy”) is incorporated into the Amplifier terms of service as published on the Amplifier website (“Terms”). The Terms shall control in the event of any conflict or inconsistency between this Policy and the Terms. All capitalized terms not otherwise defined in this Policy will have the meaning given them in the Terms.

1. Suitability of Storage. You stipulate that Amplifier’s current facility at 800 Interchange, Suite 102, Austin, Texas 78721 is suitable for storage of Client Inventory. You are aware that Amplifier’s facility is not climate controlled and furthermore you agree not to hold Amplifier liable for any effect on Client Inventory related to environmental conditions in Amplifier’s facility.

2. Inventory Disclaimers. Amplifier is not the importer of record for Client Inventory stored at Amplifier.  At no time will title to any of Client’s Inventory be deemed to pass to Amplifier. Amplifier is not the Merchant of Record for any of your inventory. Amplifier shall not be held liable for complying with your instructions through the Amplifier Services. You understand that Amplifier does not inspect your goods nor does Amplifier take responsibility for the business decisions that you make and implement through the Amplifier Services. Amplifier is also not liable for damage to Client Inventory caused by you or your representatives, and Amplifier is not responsible for breakage or loss of items during transit that have been picked and packed by Amplifier.

3. Risk of Loss. Except as otherwise stated in the Terms, your use of the Services to store Client Inventory is at your own risk and you agree that Amplifier will have no liability whatsoever for any loss or destruction of or damage to your Inventory or Amplifier’s failure to perform the Services. You also waive the right to recover damages from Amplifier for any loss of use of the Client Inventory or loss of income therefrom. You acknowledge that Amplifier does not carry coverage to insure against any such loss or damage of Client Inventory and that securing such insurance coverage is your responsibility.

4. Storage Rate and SKU Support Rate. Amplifier will assess storage fees at the Storage Rate and SKU Support Rate as defined in The Pricing Page for Client Inventory, including partial pallets and shelved inventory, stored or housed by Amplifier. The layout and method of storage of Client Inventory will be set up at Amplifier’s sole discretion to facilitate the Services described herein. You acknowledge that Amplifier is not intended to be a long-term storage solution for inventory or items that rarely move. If inventory sits in an Amplifier facility for one year (365 calendar days), you agree to the Long-term Storage Rate for that inventory, as outlined in the Pricing Page for such inventory.

5. Special Storage Requirements. If either you or a governmental or regulatory body imposes special restrictions regarding the storage of certain Client Inventory, you agree that Amplifier may increase its Standard Storage Rate with respect to such Client Inventory.

6. Limited Access to Inventory. Once inventory is received by Amplifier, such inventory is unavailable for inspection, exchange or pickup without an outbound shipment including handling fees. Amplifier facilities are not open to the public, and you are only permitted to visit any Amplifier warehouse per Amplifier’s approval.

7. Disposal. Disposal of your merchandise may be subject to additional handling and fees, in general like a normal outbound order. However, inventory requiring inspection or inventory that needs additional handling prior to disposal may incur additional handling charges. Amplifier at its discretion may refuse to accept a disposal order. A sufficient available balance is needed to cover the cost of handling plus any additional fees. Storage and SKU fees will be assessed until all inventory is either disposed of or shipped out.



Shipment of Goods Policy

This Shipment of Goods Policy (“Policy”) is incorporated into the Amplifier terms of service as published on the Amplifier website (“Terms”). The Terms shall control in the event of any conflict or inconsistency between this Policy and the Terms. All capitalized terms not otherwise defined in this Policy will have the meaning given them in the Terms.

1. Fulfillment Service. Subject to the Terms and Policies, Amplifier will fulfill orders on your behalf and agrees to use commercially reasonable methods and efforts to fulfill such orders, and to do so within a commercially reasonable period of time. Amplifier will only ship orders that arrive per the Order Conveyance Policy.

2. Shipping Compliance. Amplifier herein assumes no liability for any compliance issues or errors related to any retailer, reseller, or entity that has specific receiving or delivery requirements. Unless Amplifier has otherwise expressly committed to its preparedness with respect to such compliance requirements in writing under a separate written agreement, Amplifier assumes no liability for any penalties associated with shipping such orders. Such a separate agreement may also call for setup fees, additional fees, and other applicable charges for shipments to such entities. If the compliance requirements for a particular entity change in any respect, then Amplifier will assume no liability for any compliance errors related to this entity until Amplifier has committed in writing under separate agreement to its preparedness with respect to such changes.

3. Standard Shipments. “Standard Shipments” (as defined below) must conform to the requirements set forth below and are the only shipments that will qualify for the Fulfillment Fees as defined in the Pricing Page. If a shipment requires any additional measures, contents, or handling, then the shipment will not be considered a Standard Shipment and additional fees will apply.

 The practices and rates as outlined in this section apply whether the shipment is the first shipment sent or a reshipment. In addition, if Amplifier is able to split a single large potential shipment into two smaller shipments in a manner that will reduce the total amount you pay for fulfillment and freight, then you hereby authorize Amplifier to do so and understand that you will pay for each shipment separately according to the Pricing Page.

To qualify as a “Standard Shipment,” a shipment must satisfy each of the following requirements:

a) Domestic Address. The ship-to address must be in the domestic United States;
b) Make-ready and Assembly. The shipment and its items will require neither Make-ready nor Assembly. In the event that shipments or items require Make-ready or Assembly, you agree to pay the Rates in the Pricing Page for this work.
c) Packing Requirements. The shipment will require only the following contents: (a) the items ordered as described above;  (b) a packing slip that will require only the listing of the contents of the order and the shipping address and billing address for the order;
d) Shipping Label. These shipments will require only a standard, non-custom shipping label to communicate basic delivery information to the carrier.

4. Items and Fees. You agree to pay Amplifier the item-based and order-based fees and surcharges as defined in the Pricing Page. If several items are bundled and sold to the end customer as a single product or bundle, each discrete item in the bundle that must be picked or packed will be considered an Item. Each discrete Item that must be picked or packed will be considered an Item for the purposes of this Policy. If you request a Drop-In (defined herein as a single item that is smaller than 8 inches x 10 inches x 0.1 inch and which will not require any change in packaging and that is added to every Client shipment), you agree to pay Amplifier for this service at the rate specified in the Pricing Page.

5. Packaging. Amplifier will provide basic materials required for shipment of products such as stock boxes, packing materials, tape, and generic labels at the rates specified in the Pricing Page. Any custom packaging or packing supplies will be supplied by you at its your expense and will be charged fees as specified in the Pricing Page. Further, if your products are glass or fragile, or unusually large or heavy, such that Amplifier’s standard packaging materials will not suffice, you agree to provide and/or pay for the additional packing materials required. If you provide pre-packaged inventory, we may determine your packaging to be insufficient for shipping, and an outside box required. At our discretion, we may offer an outside box and packaging solution for an additional fee.

6. Service Credits. Amplifier will provide per-item service credits towards shipping fees for any order that is shipped in error provided that such error is solely caused by the negligence of Amplifier. Amplifier will not be obligated to grant service credits in connection with any item of Client Inventory that is damaged or destroyed in shipment or based on the errors or acts of your customers. You will not be charged for reshipments resulting from the negligence of Amplifier.

7. Shipping and Handling and Related Fees. You are responsible for setting and collecting shipping and handling fees charged to your customers. For all shipments processed by Amplifier on your behalf in association with these Terms, you agree to pay Amplifier for freight service via third-party carriers, to be chosen by Amplifier, according to Amplifier freight policies as well as any associated fees as outlined herein.

Rates and service quotations are estimates and will be based upon the information provided by you, but final rates and service may vary based upon the shipment actually tendered. Charges will be assessed at the Amplifier rates effective the day the shipment is processed for fulfillment. Due to potential delays beyond the control of Amplifier in the discovery of errors Amplifier reserves the right to retroactively assess or adjust fees, and to make certain aspects of an Account not editable at Amplifier’s discretion in order to avoid further errors. Fees related to Customs and security, failed pickup or delivery, returns, labor and waiting time, and reconsignment, may be assessed and these additional charges and may incur additional transit day(s). Amplifier further reserves the right to bill additional fees, along with Amplifier administrative fees, for address corrections and other carrier adjustments that are billed to Amplifier by transportation carriers and agencies. A shipment that originates from, or is destined to, a rural location or a location distant from a commercial center may be assessed additional charges and may incur additional transit day(s). Known surcharges like Fuel surcharge and Delivery Area surcharges will typically be included at the time of shipment. Some surcharges and fees are not known until after delivery has been made, (e.g. wait time, additional delivery attempts, redirect fee’s, address correction fees). You are responsible for any invoiced surcharge or fee for shipments from your account. Amplifier may bill these charges in arrears without additional notice.

  1. 8. Additional Limitations on Liability. In addition to the limitations of Amplifier’s liability set forth in the MSA, Amplifier shall not be liable to you in connection with any order which cannot be filled due in part to circumstances beyond the control of Amplifier, including but not limited to transportation interruptions affecting the supply of Client Inventory, manufacturer or distributor back orders and insufficient Client Inventory or packaging supplies. Amplifier shall also not be liable for defects or quality issues related to the manufacturing and assembly of Client Inventory.

Amplifier shall not be held directly or indirectly liable for (i) any errors or malfeasance of any third party carrier; (ii) any errors or damages resulting from Client’s customer providing inaccurate shipping information; or (iii) errors or damages resulting from Amplifier’s inability to access sales and order data from your or any third-party e-commerce or software or service provider.

9. Product Descriptions, Dimensions and Weights. All shipping costs quoted are estimates until billed by carriers. Amplifier reserves the right to edit dimensions and weight at its discretion to reflect actual packing requirements. Amplifier will not be responsible for refunds for overpayment of carrier fees due to erroneous product weight or dimensions. If you would like Amplifier to update or re-examine your exact product weight and dimensions, please submit a Project request to measure your inventory for weight and dimensions.

10. Shippable Addresses. You are responsible for the accuracy and deliverability of shipping addresses. Amplifier may, at its discretion, verify some shipping addresses, but this is not a replacement for your diligence and verification. If Amplifier provides an order shipping estimate on the basis of an address later discovered to be inaccurate or incomplete, you are responsible for any applicable address correction fees, or for any difference in shipping cost due to differences between the client-provided address and the actual address (e.g. incomplete addresses, commercial/residential address status, and rural address status).

11. International Shipping. Amplifier offers International shipping on a best efforts basis. Amplifier reserves the right to charge additional item, international documentation or per shipment handling fees for any international shipment. Amplifier will make best efforts to display these in shipping estimates. Amplifier offers International shipping on a “best efforts” basis because we cannot guarantee delivery due to the unknowns involved with cross-border shipping. Customs and Customs agents can delay, refuse to process, assess brokerage, lose or impose unanticipated customs, tax or duties to international shipments at their discretion. Even perfectly documented shipments can be returned to the warehouse with no reasons indicated. Amplifier will not refund or guarantee an international shipment that was lost or returned. It is your responsibility to protect against international fraud, and all Amplifier charges must be paid whether the order was fraudulent or the product was delivered or not.

12. International Returns. International shipments that are not delivered are often returned by the carrier and assessed return shipping, brokerage and returns processing carrier fees. These fees assessed by the carriers are billed through to clients. Amplifier strives to work with clients to circumvent International returns or abandon inventory at the client’s request; however, this is done on a best efforts basis and Amplifier reserves the right to assess administration fees.

13. International CDT. Customs, Duties and Taxes (“CDT”) on any international shipment charged by the carrier are your responsibility and will be charged back to you regardless of whether they were or were not in the initial shipping estimate, or whether the order was or was not delivered.

14. Quotations are Estimates Only. Quotes regarding merchandise production, shipping fees, duty, international brokerage, freight or other charges given during your use of Amplifier Services are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon Amplifier. Quotations accepted through Amplifier Services, Account, API, or in communication with Amplifier Client Service are estimates based on the information you have supplied and available at the time. Final production charges will appear on sales orders you will have the opportunity to approve before paying for a production job. Final shipping charges may differ from a quote based on carrier prices, characteristics of your Inventory, the address, and services requested during the normal course of delivery. Amplifier specifically disclaims liability for any shipping rate errors due to information you have supplied or dimensions and weights. Amplifier disclaims liability for any shipping rate errors due to failures in communication with shipping carriers that are outside of Amplifier’s control.

15. Undeliverable Shipments and Returns. Amplifier can only receive merchandise with a proper ASN # or RMA # attached. Merchandise returned directly to Amplifier without a proper ASN # or RMA # may be either refused or discarded without notice to Account holder. In the case of an undeliverable shipment being returned to the warehouse, Amplifier will attempt to trace the return to its order and process as a return. It is your responsibility to submit deliverable orders, and to ensure returns are handled properly. Further, you agree that the condition of a return is subjective, and that Amplifier is in no way liable for inspection, or for storing, handling, disposing of, or re-shipping returns that appear damaged. Amplifier will charge the Returns Handling Fee as defined in the Pricing Page for this service. Please note that Amplifier allows returns of stocked goods but does not allow the returns of on-demand goods.

16. Editing or Canceling an Order. Once you submit an order to Amplifier, it is no longer editable or cancelable. You are responsible for managing orders; hold, edit, or cancel orders before submitting to Amplifier. If Amplifier, at its sole discretion, attempts to cancel or edit an order on your behalf after it is submitted, this effort is done on a best effort basis, may result in the order being reported as canceled but still shipping out, and may incur additional fees. Amplifier also reserves the right to edit at its discretion dimensions and weight in an effort to ensure accurate shipping fees.

 

Order Conveyance Policy

This Order Conveyance Policy (“Policy”) is incorporated into the Amplifier terms of service as published on the Amplifier website (“Terms”). The Terms shall control in the event of any conflict or inconsistency between this Policy and the Terms. All capitalized terms not otherwise defined in this Policy will have the meaning given them in the Terms.

1. Order Conveyance. You or your representative(s) will maintain your ecommerce or other system for taking orders from end customers and will be responsible for timely delivering and conveying to Amplifier the data necessary for the processing and fulfillment of order shipments.

2. Specifications. Amplifier will supply you with the specifications for the manner, timing, and format of the delivery and conveyance of order data (the“Order Conveyance Process”). You may also use the tools available in your Amplifier account, and Amplifier offers additional tools such as the Amplifier API, a Shopify app, integrations with software like Yahoo Store, WooCommerce, BigCommerce, etc. If orders require a different form of order transmission data to Amplifier, then setup and additional charges may apply, and Amplifier does not guarantee that it can receive order data outside of the Order Conveyance Process.

3. Client responsibilities. Amplifier will rely on you for the accuracy and completeness of order data. If you alter your ecommerce or other order system such that Amplifier must perform technical services, including, without limitation, programming or database work, you agree to pay Amplifier the Tech Rate as defined in the Pricing Page for such services. You also agree to pay Amplifier at the Technical Hourly Rate for any work that Amplifier must perform with respect to order data that is not in conformance with the Order Conveyance Process. If order data is not in conformance with the Order Conveyance Process, Amplifier will notify you and allow you reasonable opportunity to correct such non-conformance and cause the order data to conform to the Order Conveyance Process before Amplifier begins technical services that will result in hourly charges to you. However, Amplifier’s shipping obligations with respect to any Client Inventory ordered pursuant to order data that is not in conformance with the Order Conveyance Process will be suspended until such order data fully conforms with the Order Conveyance Process.

 

Merchandise Production Policy

This Merchandise Production Policy (“Policy”) is incorporated into the Amplifier terms of service as published on the Amplifier website (“Terms”). The Terms shall control in the event of any conflict or inconsistency between this Policy and the Terms. All capitalized terms not otherwise defined in this Policy will have the meaning given them in the Terms.

1. Bulk Production. Rates and turnaround times for any Bulk Production (including without limitation Screen Printing of apparel but also mugs, posters, and any other items ordered in bulk) are quoted by the job per prevailing conditions at that time. Equipment availability, blank availability, and other factors cannot be guaranteed in advance. Turnaround time cannot be and is not guaranteed.

2. On-demand Production. Subject to the Order Conveyance Policy, Amplifier will produce certain inventory for you either (i.) when specifically requested to by you, or (ii.) when your customers place an order for on-demand merchandise (such inventory specified here in (i) and (ii),“On-Demand Inventory”). Title to On-Demand Inventory will pass to you upon completion of production. Amplifier agrees to produce the On-Demand Inventory in a commercially reasonable period of time.

3. On-Demand Inventory. Amplifier is responsible for securing blanks and components for On-Demand Inventory. Amplifier will own these items until they are used for production of On-Demand Inventory for you. Amplifier makes no guarantee regarding the availability of blank or component inventory for use in production of On-Demand Inventory (including without limitation, inks, paper and other printable materials, blank t-shirts, blank mugs, or any other items used to produce, or that are included in completed, On-Demand Inventory) (collectively, “On-Demand Components”) from suppliers and agrees to make good-faith efforts to help you resolve any supply-chain issues that might arise with respect to such items.

4. Fees. You agree to pay Amplifier for production of On-Demand Inventory per the rates specified in the Pricing Page. Receiving and Storage charges do not apply to On-Demand Inventory unless you specifically request Amplifier to store On- Demand Inventory items rather than ship them directly to you or your customers, in which case the Receiving Fee and Storage Fee as set forth on the Pricing Page shall apply. Fulfillment fees and surcharges as well as freight charges will apply to all shipments of On- Demand Inventory.

5. No Returns. Amplifier does not support Returns for On-demand Items that you sell or offer. These On-demand items should be offered on an “All Sales Final” Basis. If you want to offer an exchange, you should request via your Amplifier account another order of an on-demand item.

6. Third Parties. You acknowledge that Amplifier may outsource production to third parties.

Projects and Additional Work Policy

This Projects and Additional Work (“Policy”) is incorporated into the Amplifier terms of service as published on the Amplifier website (“Terms”). The Terms shall control in the event of any conflict or inconsistency between this Policy and the Terms. All capitalized terms not otherwise defined in this Policy will have the meaning given them in the Terms.

 

1. Projects. Projects are non-standard hourly or piece work performed on Client Inventory.

Many routine Make Ready or Kitting projects have itemized rates listed in the Pricing Page. These rates will be used when applicable.

1.1 Estimates. At times and at Amplifier’s discretion, non-standard Projects may be accepted by Amplifier. Project price quotes are estimates based on information that you have provided and may not include all supplies, hours of work, or unexpected project costs. Upon approval of a project estimate and completion of work, you will be billed for all hours and supplies to complete your project. If a Project is billed hourly, it will be billed on a time and materials basis with labor counted in 1-hour increments and materials marked up 30%. Quotations are provided for estimated purposes only. Projects are billed on actuals. If your project takes either more or less time and/or materials to complete than estimated, we will only bill you for the actual time and materials. Project based services are not provided to mitigate ongoing shortcomings in third-party-supplier capabilities and/or services. We recommend you request and pay for a Project sample before seeking bulk modifications to your inventory.

1.2. Disclaimer and Limitations on Liability for Projects. Amplifier specifically disclaims liability for Project activities conducted at your request that results in modification, damages, changes or errors to your product or packaging. Delays may result as Project work is being completed. The limit of our liability for Project-related work is the hourly or itemized charge for the Project work alone.

 

2. SOWs. From time to time, you may also request that Amplifier perform work that is outside the scope of the Terms and Policies. All such requests must be made in the form of a written Statement of Work (“SOW”) and shall be made a Schedule to the Terms upon acceptance and written execution of the applicable SOW by Amplifier and you. Work performed under a SOW shall be deemed “Services” for purposes of the Terms. The SOW shall include a complete description of the work to be performed by Amplifier and the delivery date(s) for the work. All work performed by Amplifier or contractors hired by Amplifier shall remain the sole and exclusive property of Amplifier, save and except for your marks which may be contained in the work product. Unless otherwise specified in the SOW, Amplifier will grant a non-exclusive, non-transferable worldwide license to you for the use of the work product during the term of the Terms. In any event, the terms and conditions of the Terms shall govern the provision of any services provided by Amplifier to you. If, for any reason, the work specified in any SOW is not completed by the date(s) specified in the SOW, Amplifier and you agree to modify the SOW to equitably achieve your and Amplifier’s business objectives. In any event, you agree to pay Amplifier for partially completed work performed under any SOW. In the event of a conflict between the Terms and any SOW, the Terms will control unless the SOW specifically (and not generally) identifies the conflicting language from the Terms and explicitly states that such terms will not apply but will be superseded by the relevant provisions of that SOW for purposes of that SOW.

 

Customer-support Service Policy

This Customer-support Service Policy (“Policy”) is incorporated into the Amplifier terms of service as published on the Amplifier website (“Terms”). The Terms shall control in the event of any conflict or inconsistency between this Policy and the Terms. All capitalized terms not otherwise defined in this Policy will have the meaning given them in the Terms.

1. Optional, Notice. This service is optional. You are responsible for the below items only if you select this service. If you opt for this Customer-support Service from Amplifier, a 30-day notice from you to Amplifier is required to turn off this service. This notice may be issued at any time without affecting or terminating any of the other services that Amplifier is providing you.

2. Level-1, Web-based Support. Amplifier personnel can answer tickets related to order status, ship status, returns and exchanges, estimated delivery times (when available), and shipping policy from your customers that originate via an Amplifier-approved Customer-Service web-ticket. If you opt for this Service, you agree to pay the rate as specified in the Pricing Page.

3. Client responsibilities. (a.) You will maintain on your website an active web-ticket form to be routed to Amplifier for the provision of Level-1 Customer-Support Services. You will be solely responsible for maintaining and controlling such web-ticket form, pursuant to the specifications set by Amplifier. (b.) You may, at your option, provide reasonable tone-and-voice guidelines to be followed by Amplifier when providing Customer-Support Services. (c.) You agree to provide Amplifier with access to e-commerce and other data and systems pursuant to the specifications set by Amplifier and as required to provide service to your customers.

4. Hours of Operation. Amplifier will make reasonable efforts to provide these Customer-Support Services from the hours of 9 a.m. to 5p.m. Central Time, Monday, except national and Amplifier holidays and except as otherwise mutually agreed by both parties.