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Panther & Cub Marketing Services Terms

Effective date: August 23, 2026
Version: 1.0

These Marketing Services Terms (“Service Terms”) supplement the Panther & Cub Customer Terms. They apply to advertising management, SEO, email and SMS marketing, digital marketing, campaign strategy, content, analytics, and related services identified in an Order.

1. Scope​

The Order states the channels, accounts, campaigns, deliverables, cadence, included revisions, budget, and reporting. Ad spend, media, creator or talent fees, stock assets, software, promotions, prizes, platform charges, production, landing pages, legal review, and third-party services are excluded unless expressly included.

Provider may adjust tactics, bidding, audiences, placements, keywords, creative rotation, and schedules within the approved scope and budget. A material budget increase, new channel, new claim, or material change in scope requires Customer approval.

2. Customer accounts, funds, and access​

Where practicable, advertising, analytics, email, domain, audience, and similar accounts will be held in Customer’s name. Customer is responsible for account ownership, payment methods, platform charges, access controls, and compliance with provider terms.

Unless the Order expressly states otherwise, Customer pays media and platform charges directly. Provider does not extend credit for ad spend or guarantee that a platform will approve or continue an account, advertisement, audience, product, domain, or payment method.

Customer will not remove Provider’s access or make material account changes during active work without notice. Provider is not responsible for effects caused by Customer, another agency, a platform, or an unauthorized person changing the account.

Customer is the advertiser and sender of record for its products, services, claims, offers, lists, and campaigns unless the Order expressly states otherwise. Customer will review and approve material claims, prices, promotions, disclosures, targeting restrictions, landing pages, and final content before publication.

Customer represents that:

  • Its claims are truthful, not misleading, and supported by competent evidence.
  • It has all rights and permissions needed for content, trademarks, testimonials, reviews, data, lists, images, music, and likenesses.
  • Its products, offers, targeting, data collection, and communications comply with applicable laws and platform rules.
  • Required terms, disclosures, eligibility restrictions, substantiation, privacy notices, and consents are complete and accurate.

Provider may refuse or pause material that it reasonably believes is unlawful, misleading, unsupported, infringing, unsafe, or prohibited by a platform. Provider’s review is not legal approval and does not shift Customer’s responsibility.

4. Email, SMS, and audience data​

Customer is responsible for the lawful collection and use of contact and audience data and for maintaining consent, suppression, preference, and do-not-contact records. Customer will not supply purchased, scraped, unlawfully obtained, or materially stale lists.

For U.S. commercial email, Customer remains responsible for accurate sender information and subject lines, required advertising and address disclosures, a functioning opt-out mechanism, suppression of opt-outs, and vendor supervision. Customer must also comply with laws that require prior consent or impose stricter rules in a recipient’s jurisdiction. SMS, automated calling, sensitive targeting, and marketing to children require prior written approval in the Order and Customer-supplied legal guidance.

Provider may suppress, reject, or stop a campaign when necessary to protect sender reputation, recipients, Provider, or a platform.

5. Platforms and algorithm changes​

Search engines, advertising networks, social platforms, email providers, browsers, device makers, and analytics providers control their algorithms, attribution, approvals, auctions, reporting, privacy features, and access. They may reject content, restrict accounts, change results, remove data, or discontinue features without notice.

Provider is not responsible for platform outages, suspensions, policy decisions, invalid traffic, click fraud not caused by Provider, attribution differences, reporting delays, tracking prevention, algorithm changes, or organic-ranking changes outside Provider’s reasonable control.

6. No performance guarantee​

Provider does not guarantee impressions, reach, placement, approval, deliverability, open rate, ranking, traffic, leads, sales, revenue, return on ad spend, acquisition cost, conversion rate, list growth, or any other commercial result.

Forecasts, benchmarks, case studies, “typical” results, targets, and projections are estimates for planning and are not promises. Results depend on budget, offer, product, price, inventory, competition, market demand, Customer operations, platforms, creative, tracking, and other factors outside Provider’s control.

7. Tracking and reporting​

Analytics and attribution are estimates. Cookie restrictions, consent choices, ad blockers, device changes, platform models, cross-device behavior, offline transactions, data latency, and configuration can cause incomplete or inconsistent reporting. Provider does not warrant complete tracking or exact agreement among platforms.

Unless the Order states otherwise, platform reports are the operational source for campaign management, and Customer’s financial records are the source for actual revenue and profit. Customer must promptly review reports and notify Provider of apparent errors.

8. SEO and content​

Provider will not knowingly use tactics expressly included in the Order as prohibited practices. Search engines alone determine crawling, indexing, display, and ranking. Provider does not guarantee that content will be indexed, remain indexed, rank for a term, retain a position, or avoid an algorithmic or manual action.

Customer is responsible for factual accuracy and for specialist review of content relating to health, safety, finance, law, employment, regulated products, or other high-risk subjects.

9. Intellectual property​

Rights in final paid campaign deliverables are governed by the Customer Terms, the Creative Services Terms when applicable, and the Order. Platform data, audience tools, stock assets, fonts, music, templates, and other third-party materials remain subject to third-party terms. Provider retains its strategies, processes, templates, research methods, account structures, and reusable know-how.

10. Suspension and termination​

Provider may pause campaigns for overdue amounts, exhausted budgets, missing approvals, legal or platform risk, compromised accounts, unavailable inventory, or Customer breach. Customer remains responsible for non-cancellable media, production, platform, and third-party commitments approved before the pause or termination.

Provider will use reasonable efforts to stop future spend after termination, but platform processing delays and committed placements may continue to incur charges.

11. Indemnity and allocation of risk​

Customer’s indemnity under the Customer Terms includes claims arising from Customer products, claims, offers, lists, consents, instructions, audience data, promotions, regulated activity, and Customer-approved content, except to the extent caused by Provider’s willful misconduct.

The disclaimers and liability limitations in the Customer Terms apply. If these Service Terms conflict with the Customer Terms, these Service Terms control for the affected marketing service.

12. Acceptance​

By accepting an Order for a covered service, Customer agrees to the Order, these Service Terms, and the Customer Terms.

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