Terms of USE

1. Acceptance of Terms; Business Use

1. These Terms govern your access to and use of the Site, nomination forms, verification pages, badges, certificates, listings, and related services (collectively, the “Services”).
2. The Services are intended for professional/business use. If you are an individual consumer, you may have non-waivable rights under applicable law; in any conflict, those rights prevail.

2. Definitions

• Agency: A creative, digital, marketing, technology, or related services firm.
• Recognition: Editorial identification of an Agency for a given edition, city, and category; may include distinctions such as “Regular” or “Gold.”
• Verification Page: A public page confirming an Agency’s recognition status and serial ID.
• Badge: Visual mark (image/SVG) indicating recognition, which links to the Verification Page.
• Nomination: A recommendation submitted by a client, peer, or third party for editorial consideration.
• Activation: The process by which a recognized Agency confirms details and receives official materials (Badge, listing, certificate).

3. Editorial Recognition; No Endorsement

AgencyAward operates as an independent editorial program. Recognition is limited per city × category and is based on editorial judgment, nominations, and research. Recognition is not an endorsement, guarantee of quality, or a statement of fact about future performance. We do not offer professional advice and are not responsible for third-party decisions based on our listings.

4. Eligibility & Accounts

You must be at least 18 and authorized to bind your organization. We may require accurate agency information (name, address, website, principals, portfolio, client references). You agree to keep details current and to notify us of material changes. We may refuse, limit, suspend, or revoke access for any reason permitted by law, including suspected misrepresentation or policy violations.

5. Nominations & Submissions

1. Nominations. Anyone may submit a nomination through our form. Nominations are non-confidential and may be used for editorial review. Submitting a nomination does not guarantee recognition.
2. User Content License. By submitting text, logos, testimonials, or materials (“User Content”), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, reformat (for technical/display purposes), publish, display, and distribute such User Content in connection with the Services. You represent you have the rights to grant this license and that your content is accurate and lawful.

6. Selection; Activation; Materials

1. Selection. If shortlisted, an Agency may be invited for Recognition subject to availability of slots in its city × category and successful verification.
2. Activation Fee. Recognized Agencies may complete a one-time activation (via Stripe or another provider) to receive official materials and be listed for the edition. Pricing may vary by city/category tier.
3. Materials Provided. Upon activation, we may provide the Badge, a Verification Page (with unique serial), a certificate, and editorial listing. Materials may include usage guidelines.

7. Badge & Verification Page—License and Restrictions

1. License. Upon activation and while status remains valid, we grant you a limited, non-transferable, non-sublicensable, revocable license to display the Badge as provided, solely to identify your Recognition for the specified edition, linking the Badge to the official Verification Page.
2. Restrictions. You must not: (a) alter, recolor, distort, or modify the Badge; (b) use the Badge in any misleading context, including implying government or third-party endorsement; (c) remove or obscure the serial ID or link; (d) use the Badge after expiration or revocation.
3. Revocation; Expiration. We may revoke or update Recognition and/or your license (for example, for policy breaches or verified misrepresentation). Recognition is edition-bound (e.g., 2026) and may require renewal to remain “Active.” If status lapses or is revoked, all Badge usage must cease and the Verification Page will reflect updated status.

8. Payments, Taxes, and Refunds

1. Payments. Fees are shown at checkout and processed by third-party payment providers. You authorize us (and our providers) to charge all amounts due.
2. Taxes. Prices may exclude applicable taxes, which you are responsible to pay.
3. Refunds. Activation fees are generally non-refundable once official materials (Badge/Verification Page/Certificate) are issued or the public listing is live. Prior to issuance, you may request cancellation; we may provide a refund at our discretion or where required by law.

9. Prohibited Conduct

You agree not to: (a) provide false or misleading information; (b) interfere with the Site or attempt to bypass technical measures; (c) scrape, harvest, or bulk-copy listings except as allowed by robots.txt or written permission; (d) use the Badge or Verification Page to misrepresent scope of services, accolades, or client affiliations; (e) post unlawful, defamatory, or infringing content; (f) use the Services for spam or deceptive marketing.

10. Intellectual Property

The Site, Badges, graphics, software, and all content we provide are owned by us or our licensors and protected by IP laws. Except for the limited Badge license in Section 7, no rights are granted by implication. “The Agency Award™” and related marks are trademarks of the operator. Do not use our marks without written permission.

11. Publicity Rights

By activating Recognition, you grant us a limited license to use your organization name, logo, and public website screenshots to identify you as a recognized agency (website, press materials, reports), consistent with brand guidelines you reasonably provide to us.

12. Accuracy; Third-Party Links

Verification Pages reflect information provided by Agencies and editorial research. We do not control third-party sites linked from Verification Pages or listings and are not responsible for their content, availability, or practices.

13. Privacy

Collection and use of personal data will be described in a separate Privacy Policy to be published on the Site. Until that policy is posted, we will handle personal data in accordance with applicable U.S. law. Contact for privacy inquiries: [email protected].

14. DMCA / Copyright Complaints

If you believe content on the Services infringes your copyright, send a notice to [email protected] with: (a) your contact info; (b) identification of the work alleged infringed; (c) the URL/location of the material; (d) a statement of good-faith belief; (e) a statement under penalty of perjury of accuracy and authority; and (f) your physical or electronic signature. We may remove content and, where appropriate, terminate repeat infringers.

15. Changes to Services or Terms

We may modify or discontinue parts of the Services at any time. We may update these Terms by posting the revised version and updating the Effective Date. Material changes will be reasonably notified (e.g., via the Site); continued use after changes constitutes acceptance.

16. Suspension and Termination

We may suspend or terminate access if you breach these Terms, misuse the Badge, engage in fraud, or as required by law. Upon termination or expiration: (a) your license to use the Badge ends; (b) you must discontinue all badge displays; and (c) sections intended to survive will continue (including 8, 10–20 and 22–24).

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT OUR RECOGNITION DECISIONS WILL MEET YOUR EXPECTATIONS.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM.

19. Indemnification

You will defend, indemnify, and hold harmless the operator and its directors, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your misuse of the Badge or Verification Page; or (d) your breach of these Terms or violation of law.

20. Governing Law; Venue (New York, USA)

1. These Terms and any dispute or claim arising out of or relating to them are governed by the laws of the State of New York, without regard to conflict-of-laws rules.
2. The exclusive jurisdiction and venue shall be the state and federal courts located in New York County, New York, and you consent to personal jurisdiction there.

21. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, internet outages, labor disputes, governmental actions, or vendor failures.

22. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

23. Entire Agreement; Severability; Waiver

These Terms constitute the entire agreement between you and us regarding the Services and supersede prior agreements on the subject. If any provision is held unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce a right is not a waiver.

24. Contact

Questions about these Terms: [email protected].