Terms of service

Last updated: July 1, 2025

1. ACCEPTANCE OF TERMS AND DESCRIPTION OF SERVICE​

By accessing or using AcadiaCommerce.com (“Website”) or engaging with our services, you agree to these Terms of Service (“Terms”). Acadia Commerce (“Company,” “we,” “us,” or “our”) operates as a distributor and brand management company specializing in:

  • Bulk Inventory Distribution: Purchasing inventory in bulk for resale on third-party marketplaces including Amazon, Walmart, and other e-commerce platforms
  • Brand Management Services: Providing agency-like services including marketplace optimization, advertising management, and brand development
  • Strategic Consulting: Offering expertise in e-commerce marketplace strategies and distribution optimization

Important Note: We do not operate an e-commerce store on our website. Our primary business involves bulk inventory distribution on third-party marketplaces such as Amazon, and providing brand management services to our partners.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Business-to-Business Services​

Our services are exclusively available to:

  • Brands and Manufacturers: Seeking distribution and marketplace management services
  • Business Entities: Companies requiring bulk inventory distribution or brand management
  • Authorized Representatives: Individuals acting on behalf of qualifying business entities

 

2.2 Account Requirements​

To engage our services, you must:

  • Business Authority: Have legal authority to bind your organization to contractual agreements
  • Accurate Information: Provide truthful and complete business information
  • Compliance: Maintain compliance with all applicable business regulations and marketplace policies
  • Financial Capacity: Meet agreed-upon financial obligations for inventory purchases and service fees

3. DISTRIBUTION AND BRAND MANAGEMENT SERVICES

3.1 Inventory Distribution Services​

Our distribution services include:

  • Bulk Purchasing: Acquiring inventory directly from brands or manufacturers
  • Marketplace Management: Listing, marketing, and selling products on third-party platforms
  • Logistics Coordination: Managing fulfillment, shipping, and inventory storage
  • Performance Optimization: Implementing strategies to maximize sales and marketplace visibility

3.2 Brand Management Services​

We provide comprehensive brand management including:

  • Marketplace Presence: Developing and maintaining brand presence across multiple platforms
  • Advertising Management: Creating and managing advertising campaigns on various platforms
  • Brand Protection: Monitoring for unauthorized sellers and policy violations
  • Strategic Consulting: Providing insights on market trends, competitive analysis, and growth opportunities

3.3 Service Limitations​

  • Third-Party Dependence: Our services are subject to the policies and performance of third-party marketplaces
  • Market Conditions: Service effectiveness may vary based on market conditions, competition, and platform changes
  • Compliance Requirements: All activities must comply with marketplace policies and applicable regulations

4. FINANCIAL TERMS AND PAYMENT

4.1 Service Fees

  • Management Fees: Monthly or commission-based fees for brand management services
  • Distribution Margins: Agreed-upon profit margins on inventory we purchase and resell
  • Additional Services: Separate fees for specialized consulting, advertising management, or premium services
  • Payment Terms: Net 30 days unless otherwise specified in individual service agreements

4.2 Inventory Investment

  • Capital Requirements: We invest our own capital in inventory purchases
  • Risk Sharing: We assume inventory risk while sharing profits according to agreed terms
  • Financial Reporting: Regular reporting on inventory levels, sales performance, and financial returns

5. INTELLECTUAL PROPERTY AND BRAND RIGHTS

5.1 Brand Authorization

  • Authorized Representation: You grant us authorization to represent your brand on third-party marketplaces
  • Trademark Usage: Limited license to use your trademarks and brand assets for marketplace activities
  • Brand Guidelines: We agree to adhere to your brand guidelines and quality standards
  • Exclusivity Terms: Any exclusivity arrangements will be specified in individual service agreements

5.2 Platform Content

  • Service Materials: We retain rights to our proprietary methodologies, tools, and business processes
  • Performance Data: We may use aggregated, anonymized performance data for business analysis and service improvement
  • Marketing Materials: Rights to showcase case studies and testimonials (with your consent)

6. OBLIGATIONS AND RESPONSIBILITIES

6.1 Client Obligations

You agree to:

  • Product Quality: Ensure all products meet marketplace standards and legal requirements
  • Legal Compliance: Maintain all necessary licenses, certifications, and regulatory compliance
  • Accurate Information: Provide truthful product descriptions, specifications, and marketing materials
  • Timely Communication: Respond promptly to inquiries regarding inventory, compliance, or service issues

6.2 Our Obligations

We commit to:

  • Professional Standards: Maintain high standards of business conduct and marketplace compliance
  • Performance Reporting: Provide regular updates on sales performance, inventory levels, and marketing activities
  • Brand Protection: Actively monitor and protect against unauthorized use of your brand assets
  • Strategic Support: Offer expertise and recommendations to optimize marketplace performance

7. MARKETPLACE POLICIES AND COMPLIANCE

7.1 Third-Party Platform Compliance

  • Platform Policies: All activities must comply with the terms and policies of third-party marketplaces
  • Policy Changes: We will adapt our strategies to accommodate marketplace policy updates
  • Account Management: We maintain our own seller accounts and assume responsibility for account health
  • Violation Response: We will address any policy violations promptly and professionally

7.2 Regulatory Compliance

  • Product Regulations: Ensuring all distributed products meet applicable safety and regulatory standards
  • Tax Compliance: Managing sales tax collection and remittance as required by law
  • International Trade: Compliance with import/export regulations for cross-border sales
  • Industry Standards: Adherence to industry-specific regulations and best practices

8. LIMITATION OF LIABILITY

8.1 Service Disclaimers

Our services are provided "As Is" without warranties of any kind. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 Liability Limitations

To the maximum extent permitted by law, our liability for any claims arising from our services shall be limited to the fees paid to us in the twelve (12) months preceding the claim, or $10,000, whichever is greater. We shall not be liable for:

  • Marketplace Changes: Losses due to third-party platform policy changes or account suspensions
  • Market Conditions: Reduced sales due to market competition or economic conditions
  • Third-Party Actions: Actions by unauthorized sellers, competitors, or marketplace personnel
  • Indirect Damages: Lost profits, business interruption, or consequential damages

9. TERMINATION

9.1 Termination Rights)

Either party may terminate service agreements:

  • For Convenience: With 60 days written notice
  • For Cause: Immediately upon material breach of terms
  • Marketplace Issues: If third-party platform accounts are suspended or terminated
  • Business Reasons: Due to strategic changes or business restructuring

9.2 Post-Termination Obligations

Upon termination:

  • Inventory Transfer: Orderly transfer or liquidation of remaining inventory
  • Account Transition: Assistance with transitioning marketplace accounts (if applicable)
  • Final Reporting: Comprehensive final report on performance and financial status
  • Data Retention: Personal data handling according to our Privacy Policy

10. DISPUTE RESOLUTION

10.1 Business Dispute Resolution

Disputes will be resolved through:

  • Direct Negotiation: Good faith attempts to resolve issues through business discussion
  • Mediation: Neutral third-party mediation if direct negotiation fails
  • Arbitration: Binding arbitration for disputes exceeding $50,000
  • Jurisdiction: Disputes resolved under the laws of [Your Jurisdiction]

10.2 Expedited Resolution

For operational issues requiring immediate attention:

  • Emergency Procedures: Direct escalation to senior management
  • Interim Measures: Temporary solutions to minimize business disruption
  • Performance Guarantees: Service level commitments for critical business functions

11. CONFIDENTIALITY AND NON-DISCLOSURE

11.1 Confidential Information

Both parties agree to protect:

  • Business Information: Financial data, strategic plans, and proprietary business methods
  • Performance Data: Sales figures, marketplace insights, and competitive intelligence
  • Technical Information: Proprietary tools, processes, and analytical methodologies
  • Customer Data: Information about end customers and marketplace interactions

11.2 Use Restrictions

Confidential information may only be used for:

  • Service Delivery: Providing agreed-upon distribution and brand management services
  • Performance Analysis: Internal analysis to improve service quality and effectiveness
  • Legal Compliance: Meeting regulatory requirements and marketplace obligations

12. FORCE MAJEURE

Neither party shall be liable for delays or failures in performance due to circumstances beyond reasonable control, including:

  • Marketplace Disruptions: Third-party platform outages, policy changes, or technical issues
  • Natural Disasters: Events affecting our ability to provide services or access inventory
  • Regulatory Changes: New laws or regulations affecting our business operations
  • Economic Conditions: Market disruptions affecting supply chains or consumer demand

13. MODIFICATIONS AND AMENDMENTS

We reserve the right to modify these Terms to reflect:

  • Service Changes: Updates to our distribution and brand management offerings
  • Legal Requirements: Compliance with new regulations or marketplace policies
  • Business Evolution: Changes in our business model or service capabilities

Material changes will be communicated with reasonable advance notice through direct business communications.

14. ENTIRE AGREEMENT

These Terms, together with individual service agreements and our Privacy Policy, constitute the complete agreement between the parties concerning our services.

15. CONTACT INFORMATION

For questions about these Terms or our services:

Acadia Commerce

Email: info@acadiacommerce.com

Business Development: clients@acadiacommerce.com

Phone: +1 (802-424-8327)

Address: 312 Pinecrest Rd, Hinesburg, VT 05461