Product Sampling Terms and Conditions

1. Introduction

• These Terms and Conditions (the “Terms”) govern the services provided by ECM Media, Inc. (“ECM Media,” “we,” or “us”) to its clients (“Client,” “you,” or “your”). By signing up for and utilizing our sampling service, you agree to be bound by these Terms. If you do not agree with any of these Terms, please do not use our services.

2. Service Overview

• ECM Media provides consumer product sampling services by distributing products to premium apartment communities, specifically Class A properties. Our service includes the management of sample distribution, collection of consumer feedback, and optional social media amplification.
• Additional services, such as data collection and demographic analytics, may also be provided depending on the package selected.

3. Client Obligations

• Product Samples: The Client is responsible for supplying all product samples to ECM Media. Products must be shelf-stable, safely packaged, and ready for distribution.
• Compliance with Laws: The Client agrees to comply with all relevant laws and regulations related to their product, including, but not limited to, health and safety standards, labeling requirements, and other applicable regulations.
• Campaign Details: The Client must provide accurate details about the sampling goals, target audience, desired metrics, and any other information required to execute the campaign effectively.
• Timeliness: The Client agrees to supply products and any necessary campaign materials by the agreed-upon timeline.

4. ECM Media Responsibilities

• Distribution: ECM Media will deliver the product samples to selected Class A apartment communities, ensuring they are placed according to the agreed-upon campaign specifications.
• Data Collection: ECM Media will collect data from sample recipients, including, where permitted, demographic information, feedback, and verified email addresses.
• Reporting: Following campaign completion, ECM Media will provide a report summarizing key performance indicators (KPIs) and other data relevant to the campaign’s success.
• Feedback and Amplification: ECM Media may facilitate and monitor feedback from sample recipients and, when agreed upon, encourage social media sharing in compliance with applicable guidelines.

5. Campaign Pricing and Payment Terms

• Pricing: Campaign costs are based on the package selected, number of samples, location, and additional services requested. A detailed pricing estimate will be provided prior to service initiation.
• Payment Terms: A [percentage] deposit is required to begin the campaign, with the remaining balance due upon campaign completion. Payments are due within 3 days of the invoice date. ECM Media reserves the right to withhold services if payments are not received in a timely manner.
• Refunds: Due to the nature of our services, no refunds are offered once the campaign has commenced. In the event of unforeseen circumstances that prevent ECM Media from fulfilling the campaign, any unspent funds may be refunded at ECM Media’s discretion.

6. Intellectual Property and Data Usage

• Client Materials: Any logos, branding, or content provided by the Client remain the property of the Client. ECM Media may use these materials solely for the purpose of executing the sampling campaign.
• Data Collection and Ownership: All data collected during the campaign, including but not limited to consumer feedback and analytics, will be provided to the Client. ECM Media reserves the right to use anonymized data for analytical and benchmarking purposes.
• Confidentiality: Both parties agree to maintain confidentiality regarding any sensitive business information exchanged in the course of the campaign.

7. Limitation of Liability

• ECM Media is not liable for any damages arising from the use of the product samples distributed on behalf of the Client. The Client assumes all responsibility for product safety and quality.
• In no event shall ECM Media be liable for any indirect, incidental, punitive, or consequential damages related to the sampling campaign, even if ECM Media was advised of the possibility of such damages.

8. Indemnification

• The Client agrees to indemnify and hold harmless ECM Media, its officers, employees, and agents from and against any claims, liabilities, damages, or expenses arising from the products provided by the Client, including but not limited to product liability claims, compliance violations, and third-party claims.

9. Termination

• Either party may terminate the campaign upon written notice if the other party breaches any material term and fails to remedy such breach within 15 days of notice.
• ECM Media reserves the right to terminate a campaign if any action is found to be in breach of these Terms or if it violates any applicable laws or regulations.

10. Governing Law and Jurisdiction

• These Terms shall be governed by the laws of the State of Wisconsin, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of Wisconsin.

11. Amendments

• ECM Media reserves the right to modify these Terms at any time, with notice provided to the Client. Continued use of our services following any changes constitutes acceptance of the revised Terms.

12. Entire Agreement

• These Terms constitute the entire agreement between ECM Media and the Client, superseding any previous agreements or representations related to the sampling campaign.

For any questions or clarifications regarding these Terms, please contact ECM Media at 262.203.8189.