Brand Terms

1. The agreement

These brand terms are an agreement between your company ("you") and Capital Shell Limited Liability Company, which operates SamplePact ("we" or "us"). They apply to every campaign you run through SamplePact. Our terms of use and privacy policy also apply.

2. Campaigns

For each campaign, you set the product, its retail value, the number of samples, where you ship, your target customer, the approval mode, the review window and the review types. The review window starts when the package is delivered. The retail value must be the product's real regular price, because it's the amount a shopper pays if they keep the product without reviewing it.

3. Where reviews go

Reviews go on your own website only. You won't ask reviewers to post their review anywhere else, including Amazon, Google or any other store or review site.

4. Publish every review

You'll publish every review a SamplePact reviewer posts for your campaign, regardless of rating. That means you won't:

• edit a review's text, rating, photos or video;
• hide, delete, unpublish or delay a review, or hold negative reviews for moderation longer than positive ones;
• set your review app to filter out, hide or bury low ratings, a rule that covers every review on your site and not only the ones that come through SamplePact;
• steer unhappy reviewers away from posting, for example with a prompt that sends people who pick a low rating to customer service instead of the review form;
• ask a reviewer to change or remove a review; or
• offer a reviewer anything extra in exchange for a better rating.

If a review contains something unlawful, someone's personal information or content unrelated to the product, contact us before taking any action and we'll decide together how to handle it, applying the same standard to every review whatever its rating. You may reply publicly to reviews if your review app allows replies.

5. Health and safety claims in reviews

Some categories, such as supplements, pet products and health and wellness, can draw reviews that say a product treats, cures or prevents a condition. If you see a review like that, contact us before doing anything. We may remove content that's clearly false or misleading, and we'll apply that standard the same way to every review, positive or negative.

6. Honor the disclosure

Every review will say the reviewer received the product free. You won't remove, edit or hide that disclosure, ask reviewers to leave it out, or present these reviews as coming from paying customers. That includes never labeling a SamplePact review "Verified buyer", "Verified purchase" or anything similar, even if your store records the sample as a $0 order.

If SamplePact reviews make up enough of a product's reviews to noticeably raise its average star rating, you'll show a clear note near that rating explaining that it includes reviews from people who received the product free, as the FTC's Endorsement Guides describe.

7. Shipping

You're responsible for shipping a product to each reviewer you approve or we match, at your cost, using the address we provide, within five business days of the reviewer being approved or matched. Please ship with tracking, because the review window starts on delivery. You're also responsible for packaging, the carrier and the product arriving in good condition. If you can't ship in time, let us know before the deadline. If a product still hasn't shipped 10 business days after the reviewer was approved or matched, we may cancel that reviewer's offer, and the reviewer won't owe anything.

If a package is late, lost or damaged, the reviewer taps "Report a delivery problem" in their account, which lets you and SamplePact know at the same time. Their review deadline pauses while it's being resolved, and a reviewer is never charged for a package that never arrived.

If a package is lost or arrives damaged, you'll either send a replacement at your cost within five business days of the report, or cancel that reviewer's offer. When you send a replacement, the review window starts again when the replacement is delivered. When you cancel, the reviewer owes nothing and isn't charged.

Reviewers can send a product back instead of reviewing it. You'll accept those returns, give us a return address to show in each reviewer's account, and never charge a reviewer for a product they've sent back. A product can come back in any condition as long as the whole product is returned, and the reviewer pays the return shipping. Once the tracking shows a return is on its way before the deadline, the reviewer isn't charged.

8. Reviewer information

Please use the reviewer information we share only to ship the product and run the campaign, and don't add reviewers to marketing lists or contact them for other purposes without their consent. You'll never see a reviewer's ratings or whether their past reviews were positive or negative.

9. Products kept without a review

If a reviewer keeps the product without posting a review or sending it back within the review window, the shopper is charged the retail price, and we pass that payment to you (payout terms at launch). Whether a reviewer is charged never depends on their rating or on what they wrote. SamplePact, not the brand, decides whether a review was posted, or a product sent back, on time, and a review counts as posted when it's submitted, even if your review app holds it for moderation. If a reviewer disputes a charge and we find they posted on time, returned the product, or never received it, you'll refund the charge in full within five business days of our decision.

10. Fees

You'll pay SamplePact a fee for each campaign you run. We'll publish our prices before launch, and you'll see the fee for each campaign, and approve it, before that campaign starts. You're also responsible for the cost of the products you send and for shipping them. Requesting early access is free and doesn't commit you to anything.

11. Your products

You're responsible for your products, including their safety, labeling and the accuracy of how you describe them.

12. Ending a campaign or the agreement

Either side can end this agreement by writing to the other, and products already shipped and reviews already posted remain covered by these terms. We may stop a campaign or remove you from SamplePact if you break these terms, including by suppressing or editing reviews.

13. Limitation of liability

To the fullest extent the law allows, our liability is limited as described in our terms of use.

14. Governing law

These terms are governed by the laws of the State of Illinois, without regard to its conflict of law rules. Any dispute will be resolved in the state or federal courts located in Illinois.

15. Contact

Capital Shell Limited Liability Company
9 S Elmhurst Road, PO Box #39, Prospect Heights, IL 60070
hello@samplepact.com