Terms of Service

By accessing this website or engaging Emenint ("Emenint", "we", "us") for services, you agree to these Terms of Service. If you are agreeing on behalf of a company, you confirm you have authority to bind that company. If you do not agree, do not use the site or our services.

Emenint provides growth operations for ecommerce and CPG retail brands, which may include strategy, retail execution, marketplace and ecommerce management, distribution and key-account sales support, advertising and media, content, affiliate management, and market intelligence.

The specific scope, deliverables, timelines, fees and term of any engagement are set out in a separate written proposal, statement of work, or master services agreement ("Engagement Agreement"). Where an Engagement Agreement conflicts with these terms, the Engagement Agreement controls for that engagement.

Nothing on this website, including case studies, metrics or examples, is a guarantee of results. Past performance for other brands does not predict your outcomes.

• Provide timely, accurate and complete information, assets, approvals and access needed for us to perform the services.
• Hold all rights necessary to the trademarks, product data, imagery, claims and content you supply, and ensure they are lawful, accurate and not misleading.
• Comply with the rules of any retailer, distributor, marketplace or advertising platform used in the engagement, and with all applicable laws, including product labelling, advertising and consumer protection requirements.
• Maintain your own accounts, funding and payment methods for media spend, platform fees and retailer chargebacks unless expressly agreed otherwise in writing.

Delays or inaccuracies in client-provided materials may affect timelines and results, and do not relieve payment obligations.

Fees, retainers, performance components and billing cadence are set out in the Engagement Agreement. Unless stated otherwise, invoices are due within 30 days of the invoice date. Late amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law, and we may suspend services on written notice for overdue amounts.

Fees are exclusive of taxes, media spend, sampling, trade spend, retailer fees, third-party software and travel, which are the client's responsibility unless agreed otherwise in writing.

You retain all rights in your brand assets, trademarks, product information and data. Emenint retains all rights in its own pre-existing methodologies, frameworks, templates, models, tooling and know-how, including anything developed independently of an engagement.

On full payment of all amounts due, Emenint assigns to the client the deliverables created specifically for that client under the Engagement Agreement, excluding Emenint's pre-existing materials, which are licensed to the client on a non-exclusive, non-transferable basis to the extent embedded in those deliverables and needed to use them.

Emenint may reference the client's name and logo and describe the engagement at a high level for portfolio and marketing purposes unless the client objects in writing.

Each party will protect the other's non-public information with at least reasonable care, use it only to perform or receive the services, and not disclose it except to personnel and contractors bound by similar obligations. This does not apply to information that is public through no fault of the receiving party, already known without restriction, independently developed, or required to be disclosed by law.

Services frequently depend on platforms and partners such as Amazon, Walmart, TikTok, Faire, KeHE, UNFI, distributors, retailers and advertising networks. Emenint does not control those platforms and is not responsible for their policies, fees, algorithm or program changes, account suspensions, outages, reporting accuracy, or decisions. Your use of those platforms is governed by their own terms.

You may not use this website to attempt unauthorised access, scrape it at a volume that degrades service, reverse engineer it, or infringe our or a third party's rights. All website content, design and code are owned by Emenint or its licensors and may not be reproduced without permission.

Emenint warrants that it will perform services in a professional and workmanlike manner consistent with industry standards. Except for that warranty, the website and services are provided "as is" and Emenint disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty of specific revenue, ranking, placement, distribution or growth outcomes.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data or loss of goodwill, even if advised of the possibility. Emenint's total aggregate liability arising out of or relating to an engagement will not exceed the fees paid by the client to Emenint for that engagement in the twelve months preceding the event giving rise to the claim. These limits do not apply to a party's fraud, wilful misconduct, or liability that cannot be limited by law.

The client will indemnify Emenint against third-party claims arising from the client's products, claims, labelling, trademarks, content or data, or from the client's breach of law or of these terms.

Engagements run for the term stated in the Engagement Agreement. Either party may terminate for material breach that is not cured within 30 days of written notice, and either party may terminate for convenience on the notice period stated in the Engagement Agreement. On termination, the client pays for all services performed and non-cancellable commitments made through the effective date. Sections on intellectual property, confidentiality, disclaimers, liability, indemnity and governing law survive.

These terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law rules, and the parties submit to the exclusive jurisdiction of the state and federal courts located there. The parties will first attempt to resolve any dispute in good faith through senior-level discussion.

We may update these terms from time to time and will change the "last updated" date above. Continued use of the site after changes constitutes acceptance. Questions: hello@emenint.com.