Terms & Conditions
Effective Date: June 13, 2026 • Last Updated: June 13, 2026
1. Agreement to Terms
By engaging Samson Select Marketing ("Agency," "we," "us") for any service, you ("Client") agree to these Terms & Conditions. These Terms govern all marketing services provided by Samson Select Marketing, a digital marketing agency operating in Washington State and California.
Contact: [email protected]
2. Services
Agency provides digital marketing services including but not limited to SMS/text marketing campaigns, social media management, paid advertising, content strategy, email marketing, and campaign analytics. Specific deliverables, timelines, and scope are defined in a separate Statement of Work or Service Agreement executed between the parties.
Agency reserves the right to engage subcontractors to fulfill services while remaining responsible for overall delivery quality.
3. Client Responsibilities
Client agrees to:
- Provide accurate business information, brand assets, and campaign materials in a timely manner
- Maintain an active, compliant business registration and ensure all products/services marketed are lawful
- Supply and maintain an opt-in subscriber list that was collected with proper consumer consent
- Promptly notify Agency of any regulatory inquiries, complaints, or opt-out requests received directly
- Review and approve campaign content within agreed timelines; delays may affect delivery schedules
4. Payment Terms
Invoices are due within 15 days of the invoice date unless otherwise specified in the Service Agreement. Late payments beyond 15 days accrue interest at 1.5% per month. Agency reserves the right to pause or suspend services on accounts more than 30 days past due. Fees paid are non-refundable except where Agency materially fails to deliver agreed services.
5. Intellectual Property
Client Content: All creative assets, brand materials, customer data, and content provided by Client remain the exclusive property of Client.
Agency Methodology: All proprietary processes, campaign frameworks, platform configurations, templates, and strategic methodologies developed or used by Agency remain the exclusive intellectual property of Agency. Client receives a license to use deliverables produced under the engagement but does not acquire rights to Agency's underlying systems or methods.
6. SMS and Digital Communications Compliance
Agency provides SMS campaign management subject to all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA guidelines, and carrier 10DLC registration requirements.
Client obligations for SMS campaigns:
- Client warrants that all contacts in any provided list have given prior express written consent to receive marketing text messages
- Client is responsible for maintaining accurate opt-in records and providing them to Agency upon request
- Agency will implement opt-out mechanisms (e.g., STOP commands) on all SMS campaigns; Client must honor all opt-out requests immediately and permanently
- Client must not submit lists containing contacts who have previously opted out or requested to be removed
- Agency will register campaigns under applicable 10DLC or toll-free verification programs; Client must supply accurate business and campaign-use information required for registration
- Misrepresentation of campaign use, business type, or subscriber consent is grounds for immediate termination
Agency is not liable for carrier filtering, message delivery failures, or regulatory penalties arising from Client-provided data that does not meet consent requirements.
7. Confidentiality
Both parties agree to keep confidential all non-public business information shared during the engagement, including customer data, pricing, and strategies. This obligation survives termination for a period of two (2) years. Neither party will disclose confidential information to third parties without prior written consent, except as required by law.
8. Limitation of Liability
Agency's total liability for any claim arising from services shall not exceed the fees paid by Client in the three (3) months preceding the claim. Agency is not liable for indirect, incidental, or consequential damages including lost profits, lost data, or reputational harm.
9. Termination
Either party may terminate the engagement with 30 days' written notice. Agency may terminate immediately for non-payment, material breach, or Client conduct that exposes Agency to legal or regulatory risk. Upon termination, Client is responsible for fees owed through the termination date.
10. Governing Law
These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law provisions. Disputes shall be resolved in the courts of King County, Washington.
11. Changes to These Terms
Agency may update these Terms at any time. Continued engagement following posted updates constitutes acceptance of revised Terms.
Contact
Questions? Contact us at [email protected]