Terms & Conditions

1. PARTIES AND INTRODUCTION

1.1 RetailerBoost (a 30m.com company) owns and operates a performance-based Google Shopping Ads service which enables RetailerBoost to create and manage Google Shopping Ads campaigns to advertise the Merchant's products.

1.2 Merchant (who has approved the RetailerBoost Commission and accepted these terms (collectively, this "Agreement") before signing up for the service), offers all of its products for sale to prospective customers via RetailerBoost's Google Shopping Ads campaigns. Merchants may engage with RetailerBoost via either Direct Integration or Affiliate Integration (each as defined in clause 2).

1.3 This Agreement forms the basis upon which RetailerBoost and Merchant agree to cooperate to advertise, promote, market and sell products to Customers through RetailerBoost Google Shopping Ads campaigns and for the Merchant to pay commission to RetailerBoost on amounts associated with such sales ('RetailerBoost Commission').

(a) Direct Integration: The RetailerBoost Commission is calculated on subtotal basket value and on Sales Before Returns, based on a 24 Hour Attribution Window from the time of the ad click. Merchant is not charged commission on shipping costs (or any US sales tax, or other local, state or federal tax that Merchant is obligated to collect on the order within the US). The default commission rate factors in an average returns rate, meaning that commission is charged on all orders irrespective of returns/cancellations that are made after the transaction is complete. RetailerBoost provides conversion tracking, reporting, analytics, and billing directly to the Merchant.

(b) Affiliate Integration: Conversion tracking, attribution, reporting, analytics, and billing are governed by the Merchant's affiliate program terms and/or the applicable Affiliate Network's terms and conditions. The RetailerBoost Commission is determined by the commission rate agreed within the Merchant's affiliate program.

In both cases, as a result of the original sale, the Merchant has the contact details of the customer so they can re-market to the customer, so even if an item is returned/cancelled, there is still intrinsic value to the transaction.

1.4 Commission Rate Adjustments - For Direct Integration, the default commission rate is set at 12%. Any adjustments to this commission rate must be mutually agreed upon between RetailerBoost and the Merchant. The Merchant may request changes to the commission rate used to calculate charges in writing, and no changes will be made without the explicit consent of the Merchant. For Affiliate Integration, the commission rate is as agreed within the Merchant's affiliate program. RetailerBoost will manage its ad spend to ensure the sustainability of the service and will not pass on losses incurred from advertising spend to the Merchant.

1.5 For Direct Integration only, and notwithstanding any other provision in this Agreement, the minimum commission charge processed by RetailerBoost will be $0.03. In cases where the calculated commission charge is less than this minimum amount, the charge will be rounded up to $0.03. This minimum charge is in place to cover various operational costs, including but not limited to payment processing fees and regulatory fees.

1.6 This Agreement sets out the parties' respective rights and obligations in respect of providing a service to advertise, promote, market and sell products to Customers through RetailerBoost Google Shopping Ads campaigns.

2. DEFINITIONS AND INTERPRETATION

2.1 In this Agreement, unless the context otherwise requires:

"Affiliate Integration" means the integration method whereby the Merchant adds RetailerBoost as a publisher within their existing affiliate network program. Under Affiliate Integration, conversion tracking, attribution, reporting, analytics, and billing are governed by the Merchant's affiliate program terms and/or the applicable Affiliate Network's terms and conditions.

"Affiliate Network" means a third-party platform through which the Merchant manages its affiliate program (for example, but not limited to, Awin, CJ Affiliate, ShareASale, Rakuten, or Impact).

"Agreement" has the meaning given in clause 1.

"Billing Information" means information concerning a Customer's credit card or debit card used to process an Order, including, without limitation, account numbers, security codes, and billing addresses.

"Customer(s)" means any person or entity that makes an Order.

"Customer Information" means all information, other than Billing Information, used to process an Order, including, without limitation, a Customer's name, address, phone number, e-mail, shipping address, and order details.

"Data Protection Legislation" means all applicable data protection legislation and regulations including GDPR and CCPA.

"Direct Integration" means the integration method whereby the Merchant installs RetailerBoost's JavaScript tracking tags on their ecommerce platform. Under Direct Integration, RetailerBoost provides conversion tracking, reporting, analytics, and billing directly to the Merchant.

"Effective Date" means the date on which Merchant accepts RetailerBoost's Terms and either (a) installs RetailerBoost's JavaScript tracking tags on their ecommerce platform (Direct Integration) or (b) adds RetailerBoost as a publisher to their affiliate network (Affiliate Integration).

"GTINs" means the 14-digit unique number used to identify Products.

"Intellectual Property Rights" means patents, utility models, rights to inventions, copyright and neighboring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered.

"24 Hour Attribution Window" means, for Direct Integration only, the attribution period of 24 hours from the time a Customer clicks on a RetailerBoost Google Shopping Ad. Any order placed by that Customer within 24 hours of the ad click shall be attributed to RetailerBoost and commission shall be payable accordingly.

"Merchant" means the business entity or individual that has signed up for RetailerBoost services.

"Merchant Content" means all content, information, and materials provided by or on behalf of Merchant to RetailerBoost, including product data, images, and descriptions.

"Order" means any order for Products attributed to RetailerBoost Google Shopping Ads Campaigns in accordance with the applicable attribution method for the Merchant's integration type (24 Hour Attribution Window for Direct Integration, or as determined by the Merchant's affiliate program terms for Affiliate Integration).

"Personal Data" has the meaning set out in applicable Data Protection Legislation.

"Products" means Merchant's goods available for advertising via RetailerBoost Google Shopping Ads Campaigns.

"RetailerBoost" means the RetailerBoost service operated by 30m.com.

"RetailerBoost Commission" has the meaning given in clause 1.3.

"Sales Before Returns" means the aggregate sum paid by Customers to Merchant in respect of Orders.

"Term" has the meaning given in clause 9.1.

3. MERCHANT OBLIGATIONS

3.1 Merchant shall:

(i) For Direct Integration: install and maintain RetailerBoost's JavaScript tracking tags on their ecommerce platform. For Affiliate Integration: add and maintain RetailerBoost as an approved publisher within their affiliate network, and maintain the Affiliate Network's tracking requirements (including any required code, scripts, or tags) on their ecommerce platform to enable conversion tracking;

(ii) Maintain an active and compliant Google Merchant Center account in good standing;

(iii) Provide RetailerBoost with access to Product information including but not limited to, GTINs (where available), Product types, Product names, Product images, Product descriptions, sizes, inventory, current retail prices, and delivery/shipping options;

(iv) For Direct Integration: pay the RetailerBoost Commission via Stripe per the agreed billing period. For Affiliate Integration: pay commissions to the Affiliate Network in accordance with the Merchant's affiliate program terms, whereupon the Affiliate Network shall pay out to RetailerBoost as a publisher;

(v) Comply with all applicable laws and regulations regarding ecommerce, advertising, and data protection.

3.2 Merchant shall be responsible for fulfilling all Orders including:

(i) Processing Orders and Returns;

(ii) Shipping the Products;

(iii) Providing all customer service in connection with the Products and Orders.

3.3 The Merchant acknowledges that they will charge Customers in accordance with current pricing information, and that RetailerBoost's commission will be calculated by reference to those prices (excluding shipping, taxes, and discounts).

4. INTELLECTUAL PROPERTY RIGHTS

4.1 RetailerBoost and its licensors retain all legal and beneficial right, title, and interest in and to the RetailerBoost service, tracking technology, and all Intellectual Property Rights therein.

4.2 Merchant retains all legal and beneficial right, title, and interest in and to Merchant Content, including all Intellectual Property Rights therein.

4.3 Merchant grants RetailerBoost a worldwide, non-exclusive, royalty-free license to use Merchant Content for the purpose of creating and running Google Shopping Ads campaigns during the Term.

5. PAYMENT AND BILLING

5.1 For Direct Integration, Merchant shall pay the RetailerBoost Commission via Stripe at the end of each agreed billing period. For Affiliate Integration, the Merchant pays commissions to the Affiliate Network in accordance with the Merchant's affiliate program terms, and the Affiliate Network pays out to RetailerBoost as a publisher per the Affiliate Network's payment schedule.

5.2 RetailerBoost is entitled to the RetailerBoost Commission in respect of every Order attributed to RetailerBoost Google Shopping Ads Campaigns in accordance with the applicable attribution method for the Merchant's integration type.

5.3 Upon expiration or termination of this Agreement however caused, unpaid RetailerBoost Commission shall immediately become due and payable by Merchant.

5.4 Any overdue, undisputed amounts shall bear interest at the rate of 4% above the base rate from time to time calculated from the date when such amount is due up to the date of payment.

5.5 During the Term and for three (3) years thereafter Merchant agrees to maintain full, proper and accurate records showing all Orders and the calculation of payments due to RetailerBoost.

6. DATA PROTECTION AND PRIVACY

6.1 Each party shall comply with all applicable Data Protection Legislation.

6.2 For Direct Integration, RetailerBoost processes only the minimum data necessary for attribution and billing:

(i) Google Click IDs (GCLID) from ad clicks;

(ii) Order IDs and values for commission calculation;

(iii) Basic conversion timestamps;

(iv) NO personal customer information (names, emails, addresses).

6.3 For Affiliate Integration, conversion and order data is collected and processed by the Affiliate Network in accordance with the Merchant's affiliate program terms and the Affiliate Network's own privacy policies. RetailerBoost receives only the performance and commission data necessary for campaign optimization from the Affiliate Network.

6.4 RetailerBoost's Direct Integration tracking is GDPR compliant and does not require cookies for attribution.

6.5 Merchant is responsible for ensuring their use of RetailerBoost services complies with their privacy policy and applicable data protection laws.

7. TERM AND TERMINATION

7.1 This Agreement shall begin on the Effective Date and continue until terminated in accordance with clause 7.2 ('Term').

7.2 Either party may terminate this Agreement:

(i) On written agreement between the parties;

(ii) By Merchant removing RetailerBoost's JavaScript tracking tags (Direct Integration) or removing RetailerBoost as a publisher from their affiliate network (Affiliate Integration);

(iii) By either party giving 30 days' written notice to the other;

(iv) Immediately if the other party commits a material breach of this Agreement.

7.3 For Affiliate Integration, this Agreement shall also terminate immediately if RetailerBoost is rejected, suspended, or removed from the Merchant's affiliate program for any reason. Upon any such termination, RetailerBoost's Google Shopping Ads campaigns for the Merchant shall cease immediately.

7.4 Upon termination:

(a) For Direct Integration, any outstanding RetailerBoost Commission shall immediately become due and payable by the Merchant, and any remaining account balance shall be processed to bring the account to zero.

(b) For Affiliate Integration, any outstanding commissions owed to RetailerBoost shall be handled in accordance with the Merchant's affiliate program terms and/or the Affiliate Network's payment terms.

8. REPRESENTATIONS AND WARRANTIES

8.1 Each party represents and warrants that it has the full right, power, and authority to enter into this Agreement and discharge its obligations hereunder.

8.2 Merchant warrants that:

(i) Merchant is the owner of or has rights to all Merchant Content;

(ii) The Merchant Content is accurate and up-to-date;

(iii) Products do not infringe any Intellectual Property Rights of any third party;

(iv) Merchant complies with Google Shopping policies and maintains a compliant Merchant Center account.

8.3 Except as expressly set forth herein, the RetailerBoost service is provided "as is" and RetailerBoost makes no warranties regarding potential sales or revenue generation.

9. LIMITATION OF LIABILITY

9.1 RetailerBoost is not liable for interruptions, downtime or failures related to Google's systems, or any action or decision by Google to alter or restrict access to Google Shopping or Google Ads.

9.2 In no event shall RetailerBoost be liable to Merchant for:

(i) Loss of profits;

(ii) Loss of business;

(iii) Loss of anticipated savings;

(iv) Any special, indirect, consequential or pure economic loss;

9.3 RetailerBoost's total liability under this Agreement shall not exceed the RetailerBoost Commission paid by Merchant in the twelve months preceding the date on which the claim arose.

9.4 Nothing in this Agreement shall limit liability for death or personal injury resulting from negligence, fraud, or fraudulent misrepresentation.

10. GENERAL PROVISIONS

10.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

10.2 Amendments: RetailerBoost may amend this Agreement from time to time by providing notice to Merchant via email with a summary of changes. Continued use of the service after notice constitutes acceptance.

10.3 Assignment: Merchant may not assign this Agreement without prior written consent. RetailerBoost may freely assign this Agreement.

10.4 No Partnership: Nothing in this Agreement creates a partnership, joint venture, or agency relationship between the parties.

10.5 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Delaware.

10.6 Dispute Resolution: Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Delaware.

11. PERFORMANCE REPORT AND PRODUCT LABELING SERVICE

11.1 Scope: This section applies to any user ("User") who accesses RetailerBoost's free tools, including the Performance Report and Product Labeling Service (collectively, the "Report Service"). The Report Service is separate from and independent of RetailerBoost's commission-based Google Shopping Ads campaigns described in Sections 1 to 10. A User does not need to be a Merchant or subscribe to any paid service to use the Report Service. Use of the Report Service does not create any obligation to engage with RetailerBoost's paid services.

11.2 Service Description: The Report Service analyzes Google Ads performance data and Google Merchant Center product data to generate performance reports and, optionally, to create supplemental product feeds with custom labels for campaign optimization.

11.3 Google Account Authorization: To use the Report Service, the User must grant RetailerBoost access to their Google Ads and Google Merchant Center accounts via Google OAuth. The User acknowledges that the Report Service requires permissions for the auth/adwords and auth/content scopes to function as described. The User may revoke this access at any time through their Google Account security settings. Revoking access will end the User's ability to generate new reports or create supplemental feeds through the Report Service.

11.4 Data Handling and Caching:

(i) RetailerBoost processes impressions, clicks, cost, and conversion data in real-time to generate performance reports. This performance data is not stored permanently.

(ii) The Report Service may cache product identifiers and creation timestamps to improve system efficiency and report generation speed. This cache is temporary and is subject to automatic deletion via time-to-live (TTL) protocols.

(iii) RetailerBoost implements industry-standard technical measures to protect data while it is cached within its internal environment.

(iv) Generated reports may be stored and made accessible via a shareable URL. Users are responsible for controlling distribution of their report URLs.

11.5 Supplemental Feeds and Product Labels:

(i) The Report Service may create a supplemental product feed containing custom labels on the User's Google Merchant Center account. The User authorizes this action by initiating the feed creation through the Report Service interface.

(ii) The User is solely responsible for how supplemental feed URLs are distributed, used, or integrated into their Google Merchant Center account.

(iii) The User is responsible for reviewing and managing any supplemental feeds created by the Report Service within their Merchant Center account, including removing or modifying them at any time.

11.6 No Guarantee of Results: The Report Service is designed to assist in analyzing and optimizing Google Shopping campaigns. RetailerBoost does not guarantee specific advertising results, revenue increases, cost reductions, or improvements in campaign performance as a result of using the Report Service or applying the labels and feeds it generates.

11.7 User Responsibilities: The User is responsible for:

(i) Maintaining the security of their own Google account credentials and any supplemental feed URLs generated by the Report Service.

(ii) Complying with all Google Ads Policies and Merchant Center Guidelines when applying the labels and feeds generated by the Report Service.

(iii) Ensuring their use of the Report Service complies with their own privacy policy and applicable data protection laws.

11.8 Limitation of Liability: To the maximum extent permitted by law, RetailerBoost shall not be liable for any direct, indirect, incidental, or consequential damages resulting from the use or inability to use the Report Service, any changes in the User's Google Ads campaign performance, or any suspension or action taken by Google against the User's Merchant Center or Ads accounts. The limitations set out in Section 9 apply to the Report Service in addition to the core service.

11.9 Termination of Report Service Access: RetailerBoost reserves the right to suspend or terminate access to the Report Service at any time, without notice, for conduct that it believes violates these Terms or is harmful to other users or the Report Service. The User may cease using the Report Service at any time by revoking Google OAuth access.

12. CONTACT INFORMATION

For questions about these Terms & Conditions, please contact us at:

Email: [email protected]

Website: https://retailerboost.com