Effective September 15, 2026
Seller: On Location Marketing LLC d/b/a We’ve Got Swag (“We’ve Got Swag,” “we,” “us,” or “our”). These Terms apply to all quotations, sales orders, acknowledgments, invoices, website purchases, and sales of promotional products, decorated merchandise, print, packaging, kitting, fulfillment, and related services.
1. Agreement and Order of Precedence
By submitting an order, approving a quotation, sales order or proof, paying a deposit, or accepting any product or service, the customer (“Customer,” “you,” or “your”) agrees to these Terms. Each accepted quotation or sales order, together with these Terms, forms the parties’ agreement (the “Order”).
If documents conflict, the following order controls: (a) a written amendment signed by both parties; (b) our sales order or written order acknowledgment; (c) our quotation; and (d) these Terms. Any additional or different terms in a Customer purchase order, vendor portal, acknowledgment, or other document are rejected unless we expressly accept them in a writing signed by an authorized representative.
2. Quotations, Pricing and Product Information
Quotations are estimates based on the specifications, quantities, artwork, delivery requirements, freight rates, duties, tariffs, and supplier pricing known when issued. Unless a quotation states otherwise, it expires 30 days after issuance and may be withdrawn before acceptance. Website prices, product descriptions, images, inventory, production times, and specifications may change without notice.
We may correct clerical, typographical, calculation, supplier, or website errors before production. If a material correction is required after acceptance, we will notify you and offer the choice to approve the correction or cancel the unproduced portion of the Order. Prices exclude freight, delivery, insurance, taxes, duties, tariffs, rush charges, setup charges, artwork charges, and other stated fees unless expressly included.
3. Orders, Deposits and Credit
An Order is not binding on us until we issue a written sales order or order acknowledgment and receive all required payment, artwork, approvals, and information. Unless we approve credit terms in writing, a 100% deposit is due when the sales order is approved. We may pause production or shipment while any amount is overdue or required information is missing.
If we grant credit terms, overdue amounts accrue a finance charge of 1.5% per month or the maximum lawful rate, whichever is lower. Customer must reimburse reasonable collection costs, collection-agency fees, court costs, and attorneys’ fees incurred to collect amounts due. A $50 fee applies to each returned check or rejected bank payment, in addition to any bank charges.
4. Taxes
Customer is responsible for all sales, use, excise, and similar taxes associated with an Order, except taxes imposed on our net income. We will collect taxes where required by law. A valid exemption or resale certificate must be provided before invoicing; Customer remains responsible for any tax, interest, or penalty arising from an invalid or rejected certificate.
5. Customer Content, Authorization and Indemnification
Customer represents and warrants that it owns or has all rights and permissions necessary for us and our suppliers to reproduce, modify, display, manufacture, import, package, and distribute every name, trademark, logo, image, slogan, design, likeness, data file, mailing list, and other material Customer supplies or approves (“Customer Content”). Customer is responsible for the accuracy, legality, and authorized use of Customer Content and for determining whether products and messaging are suitable for the intended audience and purpose.
Customer will defend, indemnify, and hold harmless On Location Marketing LLC, its affiliates, suppliers, contractors, and their respective owners, officers, employees, and agents from claims, losses, liabilities, damages, penalties, recalls, costs, and reasonable attorneys’ fees arising from Customer Content, Customer’s instructions, Customer’s use or distribution of the products, or Customer’s breach of these Terms. This obligation survives completion or termination of the Order.
6. Artwork, Files and Ownership
Basic typesetting included in an approved sales order is provided at no additional charge. Artwork creation, cleanup, vector conversion, digitizing, color separation, or other preproduction work may be charged at the rate stated in the quotation or our then-current rate. Work requested before approval of a sales order is billable unless we agree otherwise in writing.
Customer retains ownership of Customer Content. We retain ownership of our original concepts, layouts, production files, working files, templates, methods, supplier dies, screens, molds, embroidery files, production tooling and other materials remain the supplier’s property even if setup charges are paid. We may discard working files and tooling according to our or the supplier’s retention practices.
7. Proofs and Customer Approval
Production begins only after we receive required written approval of the proof and all other specifications. Customer must carefully review spelling, grammar, names, dates, quantities, item numbers, sizes, colors, imprint location, dimensions, mailing data, and all other details. Approval authorizes production exactly as shown, subject to normal manufacturing tolerances. We are not responsible for errors Customer approved or failed to identify.
Digital proofs, virtual samples, and screen images are simulations and are not guarantees of exact color, scale, texture, placement, or appearance. A preproduction sample is available for some products at additional cost and may extend the schedule. Changes requested after approval may require a new quotation, additional charges, and revised delivery date.
Proof Waiver and Limitation of Liability. By requesting the waiver of a visual, digital, or physical proof, the Customer acknowledges and agrees that they have bypassed On Location Marketing LLC’s standard quality assurance protocols. The Customer accepts full responsibility for the final appearance, layout, text accuracy, color matching, and overall quality of the manufactured promotional products.
On Location Marketing LLC’s expressly disclaims all liability for any errors, omissions, or defects in the final product that would have been identified during the standard proofing process. No refunds, credits, reprints, or returns will be issued for any products produced under a proof waiver.
8. Color, Imprint and Manufacturing Variations
Reasonable variations in product dimensions, material, shade, dye lot, texture, finish, packaging, imprint color, registration, placement, and size are inherent in promotional-product manufacturing and are not defects. Pantone or other color matching is approximate unless the Order expressly includes an exact-match process. Decoration may appear different across materials, product colors, sizes, and production runs. Reorders may not exactly match prior orders. We strongly recommend approval of a physical sample or preproduction sample when exact appearance is important.
9. Quantities, Overruns and Underruns
Unless the Order guarantees an exact quantity, we may ship and invoice up to 10% more or less than the quantity ordered, at the Order’s unit price, because of normal production and quality-control processes. Exact-quantity requests must be accepted by us in writing and may require additional charges. Quantities rejected during production or inspection may result in an underrun.
10. Substitutions and Availability
Products, components, colors, packaging, and inventory may be changed or discontinued by manufacturers without notice. If the ordered item becomes unavailable, we will seek Customer approval before making a material substitution. We may make nonmaterial production substitutions that do not materially reduce function or overall quality. If no reasonable substitute is available, our liability is limited to refunding amounts paid for the unavailable, unproduced portion of the Order.
11. Production and Delivery Dates
Production and delivery dates are good-faith estimates, not guarantees, unless our sales order expressly states a guaranteed date. Production time starts only after we have received cleared payment, usable artwork, proof approval, shipping instructions, and all other required information. Customer-requested changes or delayed approvals extend the schedule. Rush service is subject to written approval, availability, and additional charges.
We are not liable for delay or failure caused by carriers, suppliers, labor disputes, equipment failures, severe weather, fire, flood, epidemic, pandemic, war, terrorism, civil disorder, governmental action, port congestion, customs delay, shortages, cyber incidents, utility or communications failure, or other circumstances beyond our reasonable control. We may allocate available inventory or production capacity among customers in a commercially reasonable manner.
12. Shipping, Split Shipments, Title and Risk of Loss
Freight and delivery charges are estimates unless expressly fixed in writing. Customer is responsible for actual freight, fuel surcharges, accessorial fees, duties, customs charges, insurance, address-correction fees, and redelivery or storage charges. We may adjust the final invoice to reflect actual charges. Orders may ship from multiple facilities and in separate shipments.
Unless otherwise stated in the Order, products are shipped F.O.B. the applicable shipping point. Title and risk of loss pass to Customer when the carrier accepts the shipment. We will reasonably assist with a timely carrier claim, but Customer remains responsible for carrier delay, loss, or damage. Customer must provide accurate delivery information and arrange access and acceptance at delivery.
13. Fulfillment, Mailing and Customer Data
When an Order includes kitting, fulfillment, or direct-to-recipient shipping, Customer must provide accurate, complete, lawfully obtained recipient data in the required format and by the stated deadline. Customer authorizes us and our service providers to use that data solely to perform the Order. Undeliverable, corrected, refused, or returned shipments and address changes may result in additional charges. We do not guarantee carrier transit times or delivery to every recipient.
14. Samples
Sample availability, price, return rights, and freight are determined when requested. For registered business customers, we may provide samples valued up to $20 without a product charge, subject to approval and availability. Samples above $20 require payment authorization. Unless we state otherwise, returnable samples must be received in original condition within 30 days or the payment method may be charged. Decorated, personalized, damaged, discontinued, or supplier-designated samples are not returnable.
Samples commonly bear random imprints and may take 5 to 10 business days or longer to arrive. Standard ground freight may be included for approved samples; expedited service and special handling are Customer’s responsibility. Samples are representative only and do not eliminate normal manufacturing variation. We may limit or decline sample requests.
15. Cancellations and Changes
Because products are often made or decorated to order, cancellation or change is not guaranteed after acceptance. A request is effective only when we confirm it in writing. Customer must pay for all work completed and all commitments and costs incurred through the effective cancellation or change date, including product, artwork, digitizing, setup, tooling, production, restocking, supplier cancellation, freight, and administrative charges. Completed custom products and work in process are nonrefundable. A change may alter pricing and delivery timing.
16. Inspection, Claims and Returns
Customer must inspect all shipments promptly. Any claim for shortage, incorrect item, decoration error, visible damage, or other nonconformity must be submitted through our support portal within 15 calendar days after delivery and must include the Order number, description of the issue, quantities affected, photographs, and other reasonably requested evidence. Failure to provide timely notice constitutes acceptance, except for a latent defect that could not reasonably have been discovered during that period.
No return may be made without our written Return Material Authorization and shipping instructions. Unauthorized returns may be refused. Customer must preserve all affected products and packaging for inspection and may not use, distribute, alter, or destroy products claimed to be defective. Return authorization does not admit fault.
17. Custom Goods, Refunds and Remedies
Customized, decorated, personalized, made-to-order, special-order, and closeout products are not returnable or refundable because of preference, event cancellation, changed needs, approved errors, or reasonable manufacturing variation. Blank stock products may be returned only if we approve the return in writing and may be subject to freight and restocking charges.
For a timely, substantiated claim involving products that materially fail to conform to the Order, our obligation, at our option, is limited to reperforming the affected service, repairing or replacing the affected products, issuing a reasonable credit, or refunding the price paid for the affected products. These are Customer’s exclusive remedies.
18. Product Use, Safety and Compliance
Customer is responsible for selecting products appropriate for the intended recipients, environment, distribution method, and use, and for communicating all instructions, warnings, age grading, allergen information, expiration information, and other disclosures supplied with the products. Unless expressly stated in the Order, we do not independently test products or verify claims concerning origin, sustainability, recyclability, food contact, medical use, child safety, regulatory status, or suitability for a particular use. Customer may not remove or obscure manufacturer warnings or labels and must promptly cooperate with any safety notice or recall.
19. Limited Warranty and Disclaimer
We warrant that we will perform our services in a commercially reasonable manner and that, at shipment, products will materially conform to the approved Order, subject to these Terms and normal manufacturing tolerances. We will pass through any transferable manufacturer warranty available to us.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODUCT DESCRIPTIONS, SAMPLES, IMAGES, AND RECOMMENDATIONS DO NOT CREATE A WARRANTY UNLESS EXPRESSLY INCLUDED IN THE ORDER.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, SUPPLIERS, AND CONTRACTORS WILL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, EVENT COSTS, REPROCUREMENT COSTS, OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY.
OUR AGGREGATE LIABILITY ARISING OUT OF AN ORDER WILL NOT EXCEED THE AMOUNT CUSTOMER PAID US FOR THE SPECIFIC PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM. These limitations do not apply to liability that cannot lawfully be limited or excluded.
21. Promotions and Coupons
Unless a promotion states otherwise, each offer may be used once per Customer, may not be combined with another offer, and applies only to qualifying product charges at current website pricing. Freight, setup, artwork, rush charges, taxes, and other fees do not count toward minimum purchase requirements. Exclusions may apply. A valid code must be provided before the Order is accepted, and no credit will be issued after acceptance for an omitted code. We may modify or end a promotion before accepting an Order.
22. Payment Disputes and Chargebacks
Customer must notify us promptly of a billing concern and allow a reasonable opportunity to investigate and resolve it before initiating a payment reversal or chargeback. A chargeback does not relieve Customer of payment obligations for conforming products or services. Customer remains responsible for amounts improperly reversed and the reasonable costs and fees incurred to recover them.
23. Confidentiality and Publicity
Each party will use reasonable care to protect nonpublic business information received from the other and will use it only to perform or enforce the Order, except information that is public through no breach, already lawfully known, independently developed, or lawfully obtained from another source. Disclosure may be made when legally required. We will not publicly display Customer Content or finished products as portfolio samples without Customer’s permission.
24. Governing Law and Disputes
These Terms and every Order are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. Before filing suit, the parties will attempt in good faith for at least 30 days to resolve the dispute through representatives authorized to settle it. Any action must be brought exclusively in the state courts located in Fairfax County, Virginia, or, when federal subject-matter jurisdiction exists, in the United States District Court for the Eastern District of Virginia, Alexandria Division. Each party consents to personal jurisdiction and venue in those courts.
25. General Terms
Neither party may assign an Order without the other party’s written consent, except that we may assign it to an affiliate or successor in connection with a merger, reorganization, or sale of substantially all related assets. We may use suppliers and subcontractors to perform an Order. Customer may not withhold or offset amounts due without our written agreement.
A waiver is effective only in writing and does not waive a later breach. If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue in effect. Provisions that by their nature should survive will survive, including payment, ownership, indemnity, disclaimers, limitations, and dispute terms. Headings are for convenience only. “Including” means “including without limitation.” Electronic signatures, approvals, and records are effective as originals. The Order is the entire agreement concerning its subject matter and may be amended only in a writing signed by authorized representatives of both parties.
26. Contact Us
Questions, claims, and return requests may be submitted at https://support.onlocationmarketing.com/portal or by email to customerservice@onlocationmarketing.com. Notices concerning a legal dispute must clearly state that they are a “Legal Notice” and identify the applicable Order number.