FosterFBA Terms of Service

Last updated: Jan 7, 2025

1. Acceptance of Terms

By executing a Service Order, clicking “I agree,” or otherwise using any Programmatic SEO, Paid‑Per‑Click (PPC) & Paid Media, AI‑generated Content, Unlimited Design, or related marketing services (collectively, the “Services”) offered by FOSTERFBA LLC d/b/a FosterFBA or FosterLabs Agency (“FOSTERFBA,” “we,” “our,” or “us”), you (“Client,” “you,” or “your”) agree to be bound by (i) these Marketing Services Terms of Service (the “Agreement”), (ii) any Service Order (“SO”) referencing this Agreement, and (iii) our Privacy Policy. If you do not agree, you may not use the Services.

2. Description of Services

2.1 Programmatic SEO Stack

FOSTERFBA deploys a proprietary, AI‑driven content assembly line that can publish hundreds of search‑optimised articles, landing pages, and design assets each month, install technical SEO components (sitemaps, structured data, internal‑link graphs, etc.), and monitor performance via analytics dashboards.

2.2 PPC & Paid Media Management

We plan, build, and optimize advertising campaigns across Amazon only. Unless the SO states otherwise:

Media Spend. All ad spend is paid directly by you to the platform or reimbursed to us at cost. Paid‑media budgets are in addition to our management fees.
Account Access. You will grant administrative or manager‑level access to the relevant ad accounts. Where accounts are created by us, ownership transfers to you upon full payment of all outstanding fees.
Creative & Tracking. We may design ads, video, or landing pages, and install conversion‑tracking pixels or server‑side tags as needed.
Regulatory Compliance. We follow all Amazon’s platform advertising policies.

2.3 Unlimited Design & Creative (Optional)

If included, our creative team delivers on‑demand design assets (display ads, social graphics, video snippets, brand collateral) subject to a fair‑use queue system described in the SO.

2.4 Third‑Party Platforms & Tools

Execution of the Services may require access to your CMS, hosting environment, Google Search Console, analytics suites, tag managers, or other third‑party tools. You grant FOSTERFBA and its subprocessors a limited, revocable licence to access and use such accounts solely to perform the Services.

2.5 Agentic SEO Service & Key Performance Indicators (KPIs)

2.5.1 Scope

The Agentic SEO service combines on‑page optimisation, off‑page authority building, content engineering, and analytics to drive sustainable organic growth. Performance is tracked against the primary lagging KPIs listed below.

2.5.2 Primary KPIs (Lagging, Client‑Facing)

KPI	Metric & Source	Baseline	Target	Measurement Window	Internal Review Cadence
DR / Authority	Ahrefs Domain Rating	Recorded at onboarding (Day 0)	+5–7 DR within 100 days; +10–15 DR by 180 days	100‑day rolling	Monthly & 100‑day milestone
GSC Impressions	Total verified property impressions (28‑day roll‑up)	Average of previous month 28 days	+20 % vs baseline by Day 100; +40 % by Day 180	28‑day YoY or period‑over‑period	Weekly
Organic Sessions	Plausible “Organic” channel sessions	First 30 days	+15–25 % (seasonally adjusted*) by Day 100	30‑day rolling	Weekly
Organic Revenue / Conversions	Plausible goals + validated backend data	First 30 days (seasonally adjusted*)	+10 % revenue or +15 % SQLs by Day 100	30‑day rolling	Weekly

*Seasonality adjustments rely on rolling year‑over‑year comparables where available.

2.5.3 KPI Reporting & Milestones

KPI performance is reviewed internally every two weeks and summarised to the Client in the Blog Manager’s Friday weekly report (see Section 16). Formal milestone assessments occur at the 100‑day and 180‑day marks.

3. Client Responsibilities

You agree to:

Provide Assets Promptly. Supply brand guidelines, product feeds, creative approvals, ad‑copy feedback, and access credentials within the time frames requested.
Fund Media Budgets. Maintain valid payment methods with each advertising platform or pre‑fund pass‑through ad‑spend invoices no later than three (3) business days before campaign launch.
Review Deliverables. Approve or request revisions within five (5) business days of delivery; silence constitutes approval.
Maintain Site Integrity. Host, SSL, and site uptime remain your responsibility.
Comply with Laws. Ensure your offers, landing pages, and data‑collection practices comply with all applicable laws (e.g., GDPR, CCPA, CAN‑SPAM, TCPA).

4. Fees, Invoicing & Payment

Service Fees. You will pay the recurring or one‑time fees listed in the SO. Fees are billed upfront on the first day of each billing cycle unless otherwise agreed.
Ad‑Spend Pass‑Through. Where we advance media spend on your behalf, we will invoice the exact net spend plus any agreed float or processing fees. Such invoices are due upon receipt.
Late Payments. Invoices not paid within seven (7) days of the due date may incur a 1.5 % monthly late fee (or the maximum allowed by law) and/or suspension of Services.
Taxes. Fees are exclusive of all sales, use, VAT, GST, or similar taxes. You are responsible for all such taxes except those based on FOSTERFBA’s net income.

5. Intellectual‑Property Rights & Licensing

5.1 Client Content

You retain all ownership of materials you provide to us.

5.2 Deliverables

Upon full payment, you receive a worldwide, perpetual, non‑exclusive, royalty‑free licence to use, reproduce, display, and modify final delivered content, graphics, designs, ad creatives, and code for your own business purposes.

5.3 FOSTERFBA Materials

All underlying methodologies, software, templates, AI agents, code, optimisation playbooks, and know‑how used to produce deliverables constitute FOSTERFBA IP. We may reuse these materials freely.

5.4 Portfolio Rights

You grant us the right to reference your brand name, logo, and anonymised performance data in our marketing unless you opt out in writing.

6. Content Standards & Compliance

AI‑Generated Content. We use generative AI; as such we provide daily human QC but we are not responsible for verifying accuracy of subject matter as we are not experts in your niches. Human QC includes checking for obvious formatting issues, weird or missing images, broken YT Video, typos, grammatical issues, broken links, broken HTML/CSS.
Search‑Engine & Platform Policies. Algorithm updates, auction dynamics, or policy changes may affect performance. You acknowledge that rankings, impressions, clicks, leads, or sales can fluctuate.
Restricted‑Content Ads. If your industry is regulated (e.g., healthcare, finance, alcohol, gambling), you must secure all necessary licences and platform approvals.

7. No Performance Guarantee

FOSTERFBA makes no warranties and expressly disclaims any guarantee of specific rankings, Quality Scores, cost‑per‑click, lead or sales volume, return on ad spend, or other outcomes.

8. Confidentiality & Data Protection

Both parties will protect the other’s Confidential Information. Where we process personal data on your behalf, the attached Data Processing Addendum (“DPA“) applies.

9. Refund & Cancellation

Cancellation. Either party may terminate the Services at any time for convenience with fourteen (14) days’ written notice.
Seven‑Day Satisfaction Window. If you cancel within seven (7) days of the initial order and no deliverables have been provided, we will issue a full refund. If work has begun, we will issue a pro‑rated refund based on completed work. Media spend already incurred is non‑refundable.
Effect of Termination. Outstanding fees become immediately due. Sections concerning Fees, Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, and Dispute Resolution survive termination.

10. Indemnification

You will indemnify, defend, and hold harmless FOSTERFBA and its officers, directors, employees, and agents from any third‑party claims arising out of (i) your breach of this Agreement, (ii) materials or instructions supplied by you, or (iii) your use of the deliverables.

11. Disclaimer of Warranties

THE SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOSTERFBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOSTERFBA’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU TO FOSTERFBA DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL FOSTERFBA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR MEDIA SPEND.

13. Dispute Resolution & Governing Law

Informal Resolution. The parties will attempt to resolve disputes informally for at least thirty (30) days.
Arbitration. Unresolved disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association in New York City, New York, USA.
Governing Law. New York law governs this Agreement, excluding conflict‑of‑laws principles.

14. Modifications

We may update this Agreement by posting a new version at https://fosterfba.com/terms. Material changes take effect thirty (30) days after posting. Continued use of the Services after the effective date constitutes acceptance.

15. Miscellaneous

Force Majeure. Neither party is liable for delays caused by events beyond its reasonable control.
Independent Contractor. The parties are independent contractors; this Agreement does not create a partnership or joint venture.
Assignment. You may not assign this Agreement without our written consent. We may assign to an affiliate or successor.
Entire Agreement. This Agreement, the SO, the DPA, and any attachments constitute the entire agreement and supersede all prior communications.
Severability. If any provision is unenforceable, the remainder stays in effect.
Notices. Send notices to support@fosterfba.com and to the mailing address on file for your account.

16. Communications & Reporting

16.1 Asynchronous Operations. FOSTERFBA is a fully remote organisation operating asynchronously across multiple time zones. To maximise efficiency, the Services do not include recurring meetings or standing client calls. Ad‑hoc calls may be arranged only with the founder’s written approval.

16.2 Weekly Reporting. Once the Client’s Blog Manager is made live, consolidated SEO performance reports (including Agentic SEO KPIs) are delivered via email and in Slack every Friday to the Client’s designated recipients.