1. Services Provided
SulkaSearch ("we," "us," "our") provides paid media management and optimization services for e-commerce and direct-to-consumer (DTC) brands. Our services include:
- Google Ads management (Search, Shopping, Performance Max, Display, YouTube)
- Meta Ads management (Facebook, Instagram)
- Amazon Ads management (Sponsored Products, Sponsored Brands, Sponsored Display, DSP)
- AI-powered campaign optimization, auditing, and reporting
- Strategic consulting and performance review calls
2. Engagement Terms
Minimum Ad Spend
Clients must maintain a minimum monthly ad spend of $3,000 across managed platforms. This minimum ensures we can generate statistically meaningful data and deliver measurable results.
Billing and Payment
Management fees are billed monthly in advance. Payment is due upon receipt of invoice. Late payments may result in service suspension after a 7-day grace period.
Contract Duration
After any initial engagement period, services continue on a month-to-month basis. We recommend a minimum 90-day commitment to allow sufficient time for campaign optimization and data collection.
3. Client Responsibilities
As a client, you agree to:
- Provide timely access to advertising accounts (Google Ads, Meta Business Manager, Amazon Seller Central, etc.)
- Approve ad budgets, creative assets, and strategic direction in a timely manner
- Provide accurate business information, product data, and margin details necessary for campaign optimization
- Maintain compliance with ad platform policies and applicable laws regarding the products and services you advertise
- Respond to communications within a reasonable timeframe (typically 48 business hours)
4. Intellectual Property
All campaign strategies, proprietary AI tools, optimization methodologies, audit frameworks, and internal processes developed by SulkaSearch remain our intellectual property. Upon termination of services:
- You retain full ownership of your ad accounts and all campaign data within those accounts
- You retain ownership of creative assets that you provided or paid for directly
- Proprietary SulkaSearch tools, templates, and methodologies may not be copied, reproduced, or distributed
5. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the engagement. This includes but is not limited to:
- Business strategies, financial data, and pricing
- Customer lists, conversion data, and performance metrics
- Proprietary tools, processes, and optimization techniques
- Any information designated as confidential by either party
Confidentiality obligations survive termination of services for a period of two (2) years.
6. Performance Disclaimer
While we strive to deliver exceptional results for every client, advertising performance is influenced by factors beyond our control, including but not limited to:
- Market conditions and seasonal fluctuations
- Ad platform algorithm changes and policy updates
- Competitor activity and bidding dynamics
- Product quality, pricing, website experience, and fulfillment
- Economic conditions affecting consumer spending behavior
Past performance data and case studies are provided for informational purposes and do not guarantee specific results.
7. Limitation of Liability
To the maximum extent permitted by law, SulkaSearch's total liability for any claims arising from our services shall not exceed the total management fees paid by the client during the three (3) months preceding the claim. We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, lost revenue, or lost business opportunities.
8. Indemnification
You agree to indemnify and hold SulkaSearch harmless from claims, damages, or expenses arising from: (a) your products or services advertised through managed campaigns; (b) your violation of any law or ad platform policy; (c) any content you provide for use in advertising that infringes third-party rights.
9. Termination
Either party may terminate the engagement with 30 days written notice. Upon termination:
- All outstanding fees for services rendered through the termination date are due
- We will provide an orderly transition of your ad accounts, including access credentials and campaign documentation
- Confidentiality obligations remain in effect for two (2) years
SulkaSearch reserves the right to terminate services immediately if the client engages in fraudulent activity, violates ad platform policies, or fails to pay outstanding invoices after the grace period.
10. Governing Law
These terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these terms shall be resolved in the state or federal courts located in Delaware.
11. Modifications
We reserve the right to update these terms at any time. Material changes will be communicated to active clients via email at least 30 days before taking effect. Continued use of our services after changes take effect constitutes acceptance of the updated terms.
12. Severability
If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
13. Contact
For questions about these terms, please contact us:
- Email: ben@sulkasearch.com
- Website: https://www.sulkasearch.com
