Terms of Service

Guarantee Policy

MobileMars unconditionally guarantees that all services are performed and products are delivered. MobileMars shall replace any product that is deemed defective due to workmanship or materials.

General Terms

Please note that your order will be delayed if you have failed to provide all necessary materials (digital content, artwork, deposit, purchase order, etc.) Day zero begins when we have all client materials and approvals. MobileMars reserves the right to refuse any order. All digital content, artwork, photos, etc., furnished to MobileMars by the client remain the client's property. MobileMars will treat the client's materials with the utmost care and attention. Standard 5% over/under runs of printed materials will be kept by USDM to be used as proof of work.

No merchandise may be returned to MobileMars without prior return authorization. MobileMars limits liability to rerun or refund, at our sole option, the services performed and the product delivered, provided that the product is deemed defective because of workmanship or materials. MobileMars disclaims all liability for any consequential damage or losses, under any theory, for defects in material or workmanship. Reruns or refunds will be prorated based on the quantity of goods returned to MobileMars. No product is replaced or credit given more than thirty (30) days after the client's receipt.

MobileMars only stores masters for 12 months after the order date unless otherwise directed by the client at the time of order placement. MobileMars reserves the right to use the client’s artwork in marketing and/or advertising unless otherwise specified by the client.

Artwork and Proofing

Please note that some product materials and/or colors may impact the imprinting, causing variation in colors and graphics, and may not have the same effect/color as printing on a white porous surface like paper. If artwork is not submitted as MobileMars’s art specifications fully require, the quality of the product can not be guaranteed. Some exported files, even at high resolutions, may not print as clearly as a native file from a design program.  Please read and check all emailed and/or physical artwork proof(s) carefully and approve by the requested day on the emailed and/or physical artwork proof(s). Artwork proof(s) indicate the exact spelling and placement of text, graphics, dye-cuts, etc. Emailed artwork proof(s) are not for color matching, as the print will vary from screen view. If the client needs to have the product and/or printed packaging in an exact shade or to match another item, MobileMars advises that the client order a physical print proof and submit a PMS color, if applicable. This will further ensure a closer color match to the client’s selection. Physical print proof(s) represent how the color will appear on the final printed product; some color shifts may occur in the final run. If additional changes and/or proof(s) are needed, additional time and fees may apply. If an approval delay occurs and the order is time-sensitive, please contact the assigned account representative to expedite the order. Waiving of email or physical proof is at MobileMars’s discretion, based on order type, quantity, and turn-time of order. If permitted to waive the physical proof(s), the client agrees that MobileMars will not be responsible for any color issues or artwork errors if the job is produced according to the client’s artwork.

Intellectual Property Rights Protection

MobileMars complies with the International Recording Media Association (IRMA) Anti-Piracy Compliance Program, which protects property rights owners from the unauthorized distribution of their content. MobileMars reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided for manufacturing. If we determine, or have reason to believe, that the customer does not have the authority to reproduce the product or materials provided, MobileMars will have no further obligations to the customer to provide any reproduction services or any other services under any agreements with respect to such product or materials and will return such product or materials to the customer.

By reserving these rights, MobileMars does not in any way assume an obligation to investigate or verify ownership of any and all intellectual property or other materials provided by the customer. MobileMars will rely solely on the customer's representations and warranties, as provided under MobileMars's Intellectual Property Rights form. The customer agrees to provide MobileMars, upon request, all necessary documentation for a supplied data source, including all pertinent copyright and licensing information. The customer represents and warrants that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use, the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks and trade names, copyrights, or other intellectual property rights relating to the customer's property subject to this agreement, including but not limited to the right to use certain films, music and sound recordings, pictures, software, etc. The customer is not, or will not be, due to the execution and delivery of this agreement or the performance of the obligations hereunder, violating any intellectual property rights of third parties.

No claims with respect to the customer's intellectual property rights or third-party intellectual property rights are currently pending or, to the knowledge of the customer, are threatened by any person, nor, to the customer's knowledge, do any grounds for any claims exist. Customer agrees to indemnify, defend, protect, and hold harmless MobileMars and its subsidiaries and their respective officers, directors, agents, affiliates, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the Product Identification Form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.

Cancellation

All cancelled duplication jobs are subject to a cancellation fee. Once a job has been initiated, any setup fees, materials used, proofs and labor may be charged to the client. All custom mold fees are non-refundable.

Returns

All refund claims must be made within 3 days (72 hours) of shipment delivery. Before returning any product, you must obtain an RMA number. To request an RMA number, call 1-877-992-3766. Some returned products are subject to a 15% restocking fee. After 30 days, unpaid balances will be billed 1.5% interest per month.

Handmade and Customizable Products
Returns on custom, handmade products that have had different customization options, including any configurations, inscriptions, or designs (such as engravings, stamps, monograms, embroidery, embossing, etching or carving) are as follows:

• Notify MobileMars within 14 days of receipt.

• Due to personal configuration, inscription, or design on these products, MobileMars will not accept returns or exchanges unless the products are damaged or defective upon arrival.

• If there is a misspelling or error in the configuration, inscription, or design due to a mistake by MobileMars, you are protected per the MobileMars warranty.

• All product packaging (such as boxes) and, if applicable, certificates of authenticity, grading, and appraisal must be returned with the item. Products missing all their applicable tags are not acceptable for return.

Payment Policy

MobileMars is happy to accept cash, company checks, purchase orders, and money orders. MobileMars requires payment in full before you submit your order. A purchase order or number is required before any open account order can be processed. Past-due accounts placed for collection are responsible for all associated fees, including interest at 1.5% per month on the late balance. Direct mail fulfillment orders always require postage to be paid before mailing. You will be informed of the exact postage after receipt and certification of your mailing list.

Billing Policy

All orders are subject to a production overrun/underrun of up to 10%. Customers will be charged for actual quantities shipped. If a client fails to pay within 30 days for any work completed or accept delivery or pick up his finished product within 30 days from completion, MobileMars has the right to dispose of or use any such material on hand in any way the company chooses.

Shipping / Delivery Policy

Freight and shipping price quotes are estimates only, and they may vary without notice or obligation, depending on the timeline of the final production, quantities, and type of service requested. MobileMars is not responsible for the storage of any printed materials. Quoted or acknowledged delivery dates are only estimated dates of delivery. MobileMars specifically disclaims liability for delays in delivery and any resulting consequential damage or losses. Anytime a customer re-directs their shipment from the original address given, the customer will be charged for this service. UPS charges for re-directed packages are $10.00 per box for ground and expedited shipments.

Revised August 1, 2024