The guarantee, in full.

1 Who we are

Fussy Penguins LLC, a Georgia limited liability company, 1201 W Peachtree St NW, Suite 2625, Atlanta, GA 30309 (“we”, “us”). We are not affiliated with, endorsed by, or acting on behalf of Amazon. We prepare and manage appeals; Amazon alone decides outcomes. We act as an independent contractor, not as your employee, partner or agent.

2 Definitions

Assessment

Our free review of your situation, based on the information you submit through the rescue form and any follow-up questions.

Accepted Case

A case for which both parties have signed the Engagement Agreement, naming the Service tier, the Fee, and the specific listing(s) or account covered (“the Scope”). These terms are incorporated into every Engagement Agreement.

Listing Rescue

One ASIN, or one enforcement issue affecting up to five ASINs, as named in the Scope. A parent listing and its child variations count as one ASIN. More ASINs, or a second issue, is a second case. Fee: $1,500.

Account Rescue

Reactivation of one seller account named in the Scope. Fee: $3,500.

Reinstated

For Listing Rescue: the listing(s) in Scope are active and buyable, or the notice in Scope is resolved by Amazon. For Account Rescue: the account in Scope is reactivated and able to sell. Reinstatement is determined by Amazon’s status in Seller Central, not by whether sales have resumed, and not by whether Amazon has released funds it is holding (see 11.5).

Acceptance Date

The date the Engagement Agreement is signed by both parties and the Fee has been received.

Guarantee Period

45 calendar days from the Acceptance Date, for both tiers. The median case is 5 days; 45 gives room for a second and third submission without leaving you in limbo.

Business day

A day other than a Saturday, Sunday, or a day on which commercial banks in the State of Georgia are authorised or required to close. Every deadline in these terms that counts business days uses this definition.

3 Assessment and acceptance

1. The assessment is free and creates no obligation on either side.
2. We accept or decline every case in writing, with a reason. We decline cases we don’t believe we can win. Our published take/decline criteria are indicative, not exhaustive.
3. Declining a case costs you nothing.
4. If, after acceptance, information comes to light that would have caused us to decline at the assessment (see section 6), we may withdraw from the case. If we withdraw for that reason, section 6 governs the Fee.
5. If we discover after acceptance that the case is a different tier than assessed (for example, a listing issue is in fact account-level enforcement), we tell you before doing further work. You may pay the difference to continue at the correct tier, or receive a full refund.
6. The Scope is fixed at acceptance. Additional ASINs, marketplaces, accounts, or enforcement issues that come up later, including ones Amazon adds to the same notice, are assessed as separate cases with their own Fee. We tell you in writing before treating anything as out of Scope.
7. What we say at the assessment is our read on your case, given so you can decide whether to engage us. It is not an appeal, and it should not be submitted to Amazon as one. Drafts, Plans of Action and other work product are ours until the Fee is paid; once paid, you may use them for the Scope and for reasonable follow-up on the same matter, and not for other listings, accounts, or third parties.

4 The guarantee

1. If you are not Reinstated by the end of the Guarantee Period, we refund the Fee in full.
2. You don’t have to wait for the Guarantee Period to expire if Amazon issues a final denial (“we have received your submission and will not be responding further”, or equivalent) and we confirm we have no further viable route. We refund on that confirmation.
3. You may also request the refund at any point after the Guarantee Period ends, regardless of whether an appeal is still pending. We will tell you honestly if we think the pending appeal is likely to succeed, but the choice is yours.
4. Refunds are paid to the original payment method within 10 business days of the trigger in 4.1 to 4.3.
5. Once you are Reinstated, the Fee is earned and non-refundable, even if Amazon later takes a new action against the same listing or account (see section 7).

5 Your obligations

The guarantee depends on these. They are not fine print. They are what makes it possible to offer.

1. Authority. You are the owner of the seller account in Scope, or you are authorised to act for the owner, and you have the right to give us the access and the documents we ask for.
2. Complete and truthful information. You disclose everything relevant at the assessment and during the case, including prior appeals and their outcomes, related or previously suspended accounts, prior IP complaints, prior enforcement on the same product, and any communication from Amazon about the issue.
3. Genuine documents and authentic product. Everything you provide us (invoices, COAs, supplier letters, labels, test results) is authentic and unaltered, and the product in Scope is genuine: sourced as your invoices state, not counterfeit, not inauthentic, not misrepresented as to origin or contents.
4. Representation. By signing the Engagement Agreement you represent that 5.1 to 5.3 are true as of the Acceptance Date. We rely on that representation in accepting the case and in offering the guarantee.
5. Responsiveness. You reply to our requests for information or documents within 2 business days. Days waiting on you extend the Guarantee Period by the same number of days. If we hear nothing for 5 business days, we pause work and send a written reminder; see 6.3.
6. No parallel appeals. From the Acceptance Date until we close the case, you do not submit your own appeals, open new cases with Seller Support about the Scope, or engage another service on the same issue. Parallel submissions confuse Amazon’s review and are the single most common reason appeals fail.
7. Access. You give us the Seller Central access we ask for (user permissions, not your password) and keep it active for the duration of the case.
8. Implementation. Where the Plan of Action commits you to a corrective action (relabel, remove a claim, change a supplier, update a listing), you carry it out in the timeframe we agree before we submit.

6 When the guarantee does not apply

The Fee is not refunded, and we may close the case, if:

1. The representation in 5.4 was false in any material respect, including, without limitation: a falsified or altered document; counterfeit, inauthentic or misdescribed product; an undisclosed prior appeal, related account, or earlier enforcement action on the same product; or any other fact that, had we known it at the assessment, would have led us to decline. Whether you knew the representation was false is not the test; whether it was false is.
2. You breached 5.6 by submitting a parallel appeal or engaging another provider on the Scope.
3. You fail to respond for 15 consecutive business days despite written reminders at day 5 and day 10. We treat this as withdrawal; see section 8.
4. The listing or account is subject to a new, separate enforcement action during the case, caused by conduct outside the Scope (for example, a new IP complaint, a new policy violation, or a linked-account finding unrelated to the Scope). We will tell you in writing when this happens and offer to assess the new issue as a separate case.
5. You instruct us to stop, or you close the account or delete the listing yourself.
6. Amazon requires a corrective action under 5.8 that you decline to carry out.

In cases 6.1 and 6.2 the Fee is retained in full. In cases 6.3 to 6.6, see section 8.

7 After reinstatement

1. Reinstatement closes the Accepted Case. The Fee is earned.
2. Re-enforcement grace. If Amazon re-suspends the same listing or account for the same issue within 14 days of Reinstatement (Listing Rescue) or 30 days (Account Rescue), we resume work at no additional charge. This is included, not a new guarantee: the refund trigger in section 4 does not restart.
3. Residual listing-level issues after an Account Rescue (for example, individual ASINs still suppressed once the account is live) are handled at no charge for 30 days after account reinstatement, provided they arise from the same enforcement event.
4. 3 months of Verid8 Brand Pro monitoring is included with every Accepted Case and starts on the Acceptance Date. It is a courtesy inclusion, not part of the Fee, and you keep it even if the Fee is refunded.

8 Withdrawal by you

1. Before we submit anything to Amazon: full refund, minus nothing.
2. After the first submission: the Fee is non-refundable. The guarantee is outcome-based; a client who withdraws has chosen not to reach the outcome.

9 Retainer credit

1. If you sign a Fussy Penguins retainer within 30 days of Reinstatement, the Fee credits in full against what you owe at the start of that retainer: first the onboarding fee, then the first monthly service fee.
2. The credit is capped at the Fee paid and at the total of those two charges, whichever is lower. It does not apply to commission or to later months. No cash value, not transferable.
3. The credit and the refund are mutually exclusive: a refunded Fee generates no credit.

10 Payment and disputes

1. The Fee is due in full on signature of the Engagement Agreement; work starts when it is received.
2. If you believe a refund is owed, email office@fussypenguins.com marked “Refund request”. We respond within 1 business day and pay within 10 business days when the trigger in section 4 is met.
3. You agree to raise a refund request with us before opening a payment dispute or chargeback. A chargeback opened while a refund request is in progress is treated as withdrawal under section 8.

11 What we don’t promise

1. Timelines. The median is 5 days; Amazon’s review times vary and we don’t control them.
2. Sales recovery, ranking, Buy Box, or review restoration after reinstatement.
3. Legal advice. We are not a law firm. Cases involving litigation, subpoenas, regulatory action (FDA, FTC), or counterfeit allegations are referred out or declined.
4. That Amazon won’t act again. Monitoring reduces the chance; it doesn’t remove it.
5. Release of funds. Amazon often holds disbursements after a deactivation and releases them on its own schedule, sometimes months after reinstatement. We will tell you what we know about the hold, but funds release is Amazon’s decision, is outside the Scope, and does not affect whether you are Reinstated.

12 Liability

1. The refund in section 4 is your only remedy if you are not Reinstated. It is the whole of what we owe you for an unsuccessful case.
2. Our total liability to you for anything arising out of an Accepted Case, whether in contract, tort or otherwise, is limited to the Fee you paid for that case.
3. We are not liable for lost sales, lost profits, lost inventory value, storage or removal fees, advertising spend, ranking or review loss, or any other indirect or consequential loss, however it arises.
4. We are not liable for Amazon’s acts, omissions, delays, or policy changes, or for anything done on the account by you or by anyone you gave access to.
5. The cap in 12.2 does not apply to your obligation to pay the Fee, to either party’s breach of section 13, or to liability that cannot be limited under applicable law.
6. Except for what these terms say expressly, the service is provided without warranties of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. Amazon’s policies change, and the work is an iterative process that may need to change with them.

13 Confidentiality

1. Each of us keeps the other’s information confidential: your notices, documents, account data and case details on our side; our assessment, strategy, drafts and methods on yours.
2. We may share your information with Amazon and with anyone we engage to work on your case (for example a lab or a supplier we contact on your behalf), and only as needed to do the work.
3. We may describe your case in anonymised form, with no name, brand, ASIN or identifying detail, to show what kinds of cases we handle. We will not name you without your written permission.
4. These obligations survive the end of the case.

14 General

1. These terms and the signed Engagement Agreement are the whole agreement for the Accepted Case. If they conflict, the Engagement Agreement governs.
2. Governing law: the internal laws of the State of Georgia, without regard to its conflict-of-law rules. Any suit arising out of or relating to these terms or an Accepted Case is brought in the state or federal courts located in Georgia, and each party submits to their jurisdiction. Either party may seek an injunction to enforce section 13.
3. In any proceeding to enforce these terms, the prevailing party may recover reasonable attorney’s fees and costs.
4. Notices are in writing, by email to the addresses in the Engagement Agreement, and take effect on the day sent if the recipient confirms receipt (a read receipt is enough), or by overnight courier or certified mail to the postal addresses there.
5. We may update these terms for future cases; the version in force on your Acceptance Date applies to your case.
6. How we handle the personal data you give us, on the rescue form and during a case, is set out in our privacy policy.