Terms & Conditions – Progress Promotional Products

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is created and controlled by Progress Promotional Products Co. in the State of Illinois, USA. As such, the laws of the State of Illinois will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable laws.

COPYRIGHT AND TRADEMARK

All content included on this website, such as text, graphics, logos, button icons, images, audio clips, software, content and arrangement consist of copyrighted materials and is the property of Progress Promotional Products Co., or its content partners and protected by the USA and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Progress Promotional Products Co. and protected by the USA. and international copyright laws. All software used on this website is the property of Progress Promotional Products Co. or its software partners and protected by the U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this website is strictly prohibited. The use of logos that are trademarks or copyrighted work of other companies are never intended to suggest that Progress Promotional Products Co. owns the rights to those trademarks, or that Progress Promotional Products Co. would make those products featuring the trademarked logos of others available to any purchaser without the permission of the owners of the trademarked or copyrighted art or copy. Logos shown on products on this website appear only to illustrate the products we offer and the variety of ways in which they can be decorated. You may use the information on this website for your personal use in evaluating our products and services. By submitting any order, you grant us permission to display and exhibit products containing your trademark or copyrighted material. We agree not to sell or offer for sale any products decorated with your trademarks or copyrighted material without your prior consent.

RIGHTS TO USE TRADEMARKS AND OTHER INTELLECTUAL PROPERTY

By ordering custom-decorated merchandise from Progress Promotional Products Co., you represent and warrant to Progress Promotional Products Co. that you have the unrestricted right and authority to use, copy, and distribute each copyright, trademark, service mark, trade name, logo, statement, portrait, graphics, artwork, photograph, picture, or illustration of any person or any other intellectual property in the way it is applied to your promotional merchandise. Purchase of merchandise from Progress Promotional Products Co. does not grant the customer a permission to reproduce logos, nor does it transfer, grant, or lease ownership of any logos or trademarks to a customer. By submitting an order using any trademarked material (TM), you represent and warrant that you have written permission from the registered owner of the (TM), or are an authorized agent or affiliate of the registered owner of the (TM). Your requested use of the (TM) does not infringe on the intellectual property rights of another. No logo or any other (TM) can be used in a manner that may infringe upon copyright laws. A customer may not use any logo or (TM) in a vulgar, illegal, and/or unlawful manner. Progress Promotional Products Co. assumes no responsibility for damages or any wrongdoing that the purchaser may cause using a logo. Progress Promotional Products Co. shall not be held liable for the unauthorized, improper, or illegal use of any logo or (TM) that is applied to promotional merchandise purchased through its website. Progress Promotional Products Co. will also not accept responsibility or liability for the actions of clients who have misrepresented their ownership of licenses or trademarks (TM). Progress Promotional Products Co. reserves the right to refuse orders from any customer who has violated or otherwise infringed upon the intellectual rights of others.

LIABILITY

All prices displayed on the Progress Promotional Products Co. website are cited in U.S. dollars. Progress Promotional Products Co. will add shipping and handling fees and, if applicable, sales tax. Progress Promotional Products Co. reserves the right to discontinue or change specifications and prices on promotional merchandise and services offered without prior notice and without incurring any obligation to the customer. Products displayed on this website are available while supplies last. Progress Promotional Products Co. has the right to refuse service, terminate accounts or remove/edit content. Progress Promotional Products Co. shall not be liable for any act beyond its reasonable control, including, but not limited to, any special or consequential damages that result from the use of, or the inability to use, the materials on this website or the performance of the products, even if Progress Promotional Products Co. has been advised of the possibility of such damages, acts or negligence of third parties, equipment failure, unavailability of supplies, strikes, lock-outs, war, fire, flood, or any other Act of God, any law, regulation, or other act or order of any court or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

USE OF SITE

Harassment in any manner or form on the website, including via e-mail or chat, is strictly forbidden. Obscene or abusive language is prohibited. Impersonation of others, including Progress Promotional Products Co. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable and may constitute or encourage a criminal offense, violate the rights of any party, or may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Progress Promotional Products Co., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

YOUR ACCOUNT

If you use Progress Promotional Products Co. website, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password.

PRODUCT COLOR APPEARANCE

Progress Promotional Products Co. makes every effort to display products and colors that appear on our website as accurately as possible. However, the product delivered may deviate slightly from the image viewed on the website due to, but not limited to, the following factors: system capabilities of your computer to display images and colors (such as monitor calibrations, operating system, and video card color profiles) or manufacturing processes.

ARTWORK

Progress Promotional Products Co. inspects all artwork files submitted to ensure that artwork will reproduce well on the promotional items selected. In the event that the artwork is not usable for a quality imprint on our promotional products, we will contact you with options or request usable artwork files. If you do not have artwork available or if necessary to re-create existing artwork, we are happy to assist! We utilize the most widely used and recommended graphics and layout programs with our powerful graphics systems and our in-house graphic design team. In most cases, art preparation and text copy change work is done at no charge. Production time begins after approval of the digital artwork proof.

Progress Promotional Products Co. maintains a vast library of customer artwork. Any artwork submitted or created for the purpose of printing promotional products, awards, stationery or apparel will remain on file indefinitely unless Progress Promotional Products Co. receives a written request asking that we remove the files from our secured servers. Progress Promotional Products Co. does not share customer artwork with outside vendors, affiliates, or other customers except for its partners and decorators for the sole purpose of imprinting product(s) selected. Customer artwork is secure and is the sole property of the organization it was created or used for and by. In addition, Progress Promotional Products Co. is happy to provide the customer with digital copies of their artwork upon request. Screens, film, and digitizing tapes are kept on file for a maximum of two years from the latest order/re-order.

ARTWORK COLOR

Decorated products delivered may deviate slightly from the image viewed on the website or digital artwork proof sent for approval due to, but not limited to, the following factors: system capabilities of your computer to display images (such as monitor calibrations, operating system, and video card color profiles) and colors or manufacturing processes. The only accurate way to ensure an exact color match is to use Pantone Color Matching (PMS) system (see PMS Color Matching). If an exact color is desired, be it for custom made product or artwork; please mention it at the time of ordering and/or before the order is approved.

PANTONE COLOR MATCHING

PMS is an abbreviation for Pantone® Matching System, which is the industry’s standard color matching system. The color formula guide provides an accurate method for selecting, specifying and matching colors through any medium around the world. Although it is the ideal way to ensure true colors, exact PMS matches may not be guaranteed due to a large variety of printable surfaces.  At Progress Promotional Products Co., we can match any Pantone (PMS) color that you provide.  We pay close attention to detail and understand that quality can never be overlooked. Please see our Pantone Color Chart.

VIRTUAL ARTWORK SAMPLES, PROOF, AND TYPOGRAPHICAL ERRORS

Progress Promotional Products Co. makes product customization easy! Once you have selected your product(s), simply attach your artwork, choose imprint location (if applicable), choose imprint size (if applicable) and select desired imprint color(s), all without leaving your shopping cart. Our artwork department will prepare your artwork for production and e-mail Order Acknowledgement with accompanying Digital Artwork Proof confirming the decoration to customize your promotional merchandise. Progress Promotional Products Co. is not responsible for any incorrect interpretations of the artwork or order approval. While we do our best to catch typographical errors such as misspellings, it is the customer’s full responsibility to carefully proof artwork in its entirety. The final approved artwork is what goes into production and cannot be reversed. At the time of proofing Order Acknowledgement and Digital Artwork Proof, if you do notice a mistake, please contact our Customer Service or note it on the paperwork accordingly. Our artwork department will make any corrections or changes promptly at no additional charge. All approvals and changes must be confirmed in writing (e-mail is acceptable).

Orders marked as “Approved” will be printed exactly as stated, and no new proof will be sent/required. Order marked as “Changes Required” will receive a new Digital Artwork Proof, and final production will not begin until approval is received. Progress Promotional Products Co. is not responsible for any typographical errors that are overlooked and later approved by the customer. In addition, Progress Promotional Products Co. cannot be held liable for any damages that may be incurred as a result of the error or mistake after the order has been printed and accepted by the customer. We cannot guarantee the ability to make changes once the customer approves Digital Artwork Proof and Order Acknowledgement. Whether correct or with errors, the order is printed exactly as approved by the customer.

If it very important to carefully look over all aspects of Digital Artwork Proof and Order Acknowledgement before replying with approval. If an error is discovered after the final approval has been given by the customer, please contact our customer service immediately. Although we cannot guarantee we will be able to correct it before it goes into production, the sooner we are made aware of the error, the better the chance we can do something to fix it.

PROOF APPROVAL POLICY

Progress Promotional Products Co. requires that all orders receive Digital Artwork Proof and Order Acknowledgement prior to releasing the order into production. A Digital Artwork Proof is always provided at no cost and is only intended to provide a visual idea as to what the final printed product will look like. Progress Promotional Products Co. strongly recommends that the Digital Artwork Proof and Order Acknowledgement are carefully inspected by the customer for misspellings and other mistakes (such as item color(s), sizing, imprint colors, imprint location(s), etc.).

PRE-PRODUCTION SAMPLES

As part of our commitment to your complete satisfaction, Progress Promotional Products Co. is able to create an actual pre-production sample product with your requested artwork imprint for you to approve before production begins. Please contact us at for more information and pricing.

SAMPLE PROGRAM POLICY

At Progress Promotional Products Co., our sample policy means you can “Try It Before You Buy It.” By sampling our products, such as promotional pens, advertising gifts and convention bags, you eliminate any concerns about quality, color and size. Samples can be requested online using the “Request a Sample” link located on each product details page, by e-mail to [email protected] or calling 1-800-682-0852. We provide up to 3 free samples, including standard USPS or UPS/FedEx Ground shipping, up to $7.00. All samples over $7.00 will require payment via credit card prior to sending the sample, and shipping is additional.

Most items available on our website do not ship from the same location, so when requesting a sample pen and water bottle, there is a very likelihood that each sample will require its own shipment. The cost of shipping and handling above and beyond the initial free sample, regardless of the cost of the item, is the responsibility of the customer. The necessary billing information will be collected prior to shipping samples. From time to time, Progress Promotional Products Co. may require a valid credit card and billing address for address verification purposes before mailing a sample.

As a business to business company, we strive to provide complimentary samples to our customers and prospective customers to assist in evaluating the quality of our promotional merchandise. Due to the cost of doing business and our desire to keep prices low for our customers, we reserve the right to decline questionable/non-business sample requests, anyone suspected of sample program abuse and to limit the number of samples. We are happy to work with our international friends. If requesting a sample for shipment outside the United States, please provide us with your UPS or FedEx International Shipping Account number to ensure that all applicable duties and freight are paid (see International Shipping Policy).

COMPLIANCE STATEMENTS

Progress Promotional Products Co. is committed to applying the highest standards of safety for its products.  We take all necessary steps to ensure that the products we sell meet applicable Federal regulations. Specific questions related to our compliance policies and procedures may be directed to our Compliance Department at [email protected]

CPSIA STATEMENT: 

The Consumer Product Safety Improvement Act (CPSIA) was passed by the United States Congress in August of 2008. The sections of the law applicable to the Promotional Products industry concern items that are classified as Children’s Products. While all items featured on our website catalog are designed to meet applicable Federal regulations, they are not designed for, or intended for use by children 12 years of age or younger, but for use by businesses and individuals as general use promotional items, we do realize that some of our products may fall under the CPSC’s new definition of what a “Children’s Product” is: The term “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:

(A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.
(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.
(C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
(D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.

WARNING: Items throughout the catalog that are noted to contain one or more small magnets should be kept away from all children. Do not put in nose or mouth. Swallowed magnets can stick together across intestines causing serious injury or death. Seek immediate medical attention if magnet(s) are swallowed or inhaled.

CALIFORNIA PROPOSITION 65 STATEMENTS: 

All products shipped by Progress Promotional Products, Co. into the State of California are subject to Proposition 65 (“Prop 65”) or The Safe Drinking Water and Toxic Enforcement Act of 1986. “Prop 65” was created through the ballot initiative process and was intended to protect California citizens and the State’s drinking water from a State determined list of over 850 chemicals that are “known” by the State to cause cancer, reproductive harm, or birth defects. This list and other information regarding “Prop 65” can be accessed at http://oehha.ca.gov/prop65.html.

Prop 65 requires that a “clear and reasonable warning” be provided by a Person/Company in the course of doing business, who manufactures, produces, assembles, processes, handles, distributes, stores, sells, or otherwise transfers a consumer product which he or she knows to contain a chemical known to the state to cause cancer or reproductive toxicity to any person to whom the product is sold or transferred.

The lead state agency handling Proposition 65, the Office of Environmental Health Hazard Assessment (OEHHA; www.oehha.ca.gov), has established safe harbor levels which include No Significant Risk Levels (NSRLs) for cancer-causing chemicals and Maximum Allowable Dose Levels (MADLs) for chemicals causing reproductive toxicity for many of the 850 chemicals listed under Proposition 65. Exposure levels and discharges to drinking water sources that are below the safe harbor levels are exempt from the requirements of Proposition 65. A document that provides the status of OEHHA’s adoption or development of NSRLs and MADLs is available below.

Progress Promotional Products Co., is fully committed to providing the highest quality, safest products for our clients and all products we sell meet applicable federal safety and warning requirements, standards and regulations as enforced by the Consumer Product Safety Commission, the U.S. Food and Drug Administration, and the Federal Communications Commission.

We include a warning label on each product that ships to the State of California. The label will read as follows and will ensure full compliance with California Proposition 65 requirements:
WARNING: Cancer and Reproductive Harm – www.p65warnings.ca.gov.
For a plain language version of the Proposition 65 regulations, please visit: http://www.oehha.ca.gov/prop65/background/p65plain.html.

SHIPPING METHODS AND DETAILS

Progress Promotional Products Co. uses the following preferred shipping methods: UPS Ground, FedEx Ground. We make UPS/FedEx 3-Day, 2-Day and Overnight also available. Depending on the weight of an order we also offer Truckload & Vessel shipments. Samples are shipped via USPS whenever possible. Shipping policies, rates and delivery information are subject to change.

Progress Promotional Products Co. always provides customers with a tracking number so that they can monitor delivery progress and make arrangements to be available to accept the package(s). UPS and FedEx require a signature for delivery, therefore, a customer must be available to accept delivery. In the event a customer is not available to sign for a delivery and a notice is left, delivery is not considered to be late. Shipping charges will not be refunded if a customer is not available to sign for their package(s) and delivery was attempted on the scheduled delivery date. If delivery of customized product was not complete for any reason other than our mistake, product will be re-routed to our warehouse and stored until recipient provides further directions and cover all the costs that are associated with rerouting the product.

Orders are delivered Monday – Friday (excluding holidays). Packages are not delivered on most holidays, Saturday or Sunday.
For your convenience, please view UPS Ground Time-in-Transit Map.
For your convenience, please view FedEx Ground Time-in-Transit Map.
Product prices shown on our website do not include shipping & handling charges. All merchandise is shipped FOB origin.

Progress Promotional Products Co. works hard to make all necessary arrangements for timely shipment of orders, however, we cannot be responsible for circumstances beyond our control, including, but not limited to: natural disasters, inclement weather and other acts of God, customs delays, delays due to ground and air transportation accidents, etc. Shipping estimates are only estimates and may change at any time without notice. The rates published on UPS.com and FedEx.com are accurate 95% of the time and often provide a good indication of anticipated freight costs, but they are by no means infallible. The cost of shipping and handling is additional and is not included in the item price (unless explicitly stated otherwise). Progress Promotional Products Co. will ship products to one single location with no handling charge. Any additional drop shipments will incur a fee of $8.00 per location.

For drop ship / inventory release / special packaging programs, please contact your account representative or call us at 1-800-682-0852 for more information.

INTERNATIONAL SHIPPING

Progress Promotional Products Co. is happy to work with our international friends. Available product lines, shipping rates and fees may vary depending on the delivery address for your order. You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from Progress Promotional Products Co. the recipient is the importer on record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches their country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

QUANTITY DISCOUNTS, OVERSEAS PRODUCTION, and CUSTOM QUOTES

Discounted pricing for large order quantities, for quantities not listed, and for custom made products requiring an overseas production can be easily obtained right from the product page by clicking on the “Request Custom Quote” button, by contacting our Customer Service at 1-800-682-0852 or by sending us an e-mail to [email protected]. We are happy to assist in getting you the best price possible!

OVERRUN/UNDERRUN for CUSTOM PRINTED PRODUCTS

Progress Promotional Products Co. makes every effort to ship exact quantities. Due to post-production quality control and the high speed of the custom production process, there is the potential for up to 10% over/under runs. Over/under runs for plastic bags may vary from 10% – 25%. We will only invoice for the actual quantity shipped.

SALE PRICING, CLOSEOUTS, and PROMOTIONAL OFFERS/CODES

Progress Promotional Products Co. offers competitive promotional product pricing throughout its website. We update “Sale and Closeout Products”, “New Arrival”, and “Hot Deals” sections on a daily/weekly basis, to bring you value in savings on thousands of promotional items. Promotional offers/codes may not be combined with other sales, offers, custom quotations (if applicable), overseas production items or product requests beyond catalog quantities and is not valid on past purchases. Free Shipping offers exclude mugs, tumblers, water bottles, bottled water and plaques. Free Shipping is only offered to destinations within the Continental U.S.

24 HOUR RUSH PRODUCTS

Progress Promotional Products Co. offers thousands of items with rush service. Promotional items that are designated as a FREE RUSH can most often ship out on the next business day, at no additional charge (if applicable), with final order and art approval received by 10 AM CST (cut-off times vary per product). Actual delivery times will depend upon final destination location and preferred shipping methods. For specific delivery deadlines, prior to placing a rush production order, please call us at 1-800-682-0852 to assure we can meet your in-hand date.

PAYMENT METHODS

We accept Visa, MasterCard, American Express, and Discover personal and business credit/debit cards. Wire Transfer is also accepted. Progress Promotional Products does keep some credit card information on file for the sole purpose of making re-ordering easier, but only by request or with prior authorization by the customer. This information is collected at the time of sale and saved in compliance with the guidelines set forth by Visa, MasterCard, Discover, and American Express.  Progress Promotional Products Co. does not maintain a record of the credit card you submit to us for payment once all order charges are complete. Submission of your card number to the appropriate credit card company is via encrypted transmission. We will ask you for your current card information each time you place an order to protect the security of your card. We are in full compliance with all of the latest PCIDSS requirements.

All accounts (new and existing) are set on pre-pay terms. Your advanced payment (options above) will permit prompt shipping of your promotional materials.

If you wish to establish a credit line with Progress Promotional Products Co., please contact us to obtain credit application. Upon review and approval of your credit application you may then order promotional merchandise and be billed upon shipment of your products. Credit applications may take 7-10 business days for processing. Invoices will be provided via e-mail and standard USPS mail. Upon receipt of the invoice, Progress Promotional Products Co. financial terms will be NET 30.  Our prices are based on receiving payments within these terms. WE WILL ACCEPT CREDIT CARD PAYMENTS WITHIN TEN (10) CALENDAR DAYS OF INVOICE DATE WITHOUT A FEE.  ALL CREDIT CARD PAYMENTS MADE AFTER TEN (10) CALENDAR DAYS OF INVOICE DATE WILL INCUR A 3.0% FEE.  To avoid credit card payment fee beyond the ten (10) calendar days, please pay your invoice by check or wire transfer (please contact us for wire transfer instructions).

We will assess 1.5% monthly Late Fee or 18% per annum on the unpaid balance of any individual invoice extending beyond regular due date period.   Your assistance in maintaining a current balance will be greatly appreciated so that Progress Promotional Products Co. may continue to offer the best value to our customers. Progress Promotional Products Co. reserves the right to request prepayment on all orders. The customer agrees to pay all collection costs, including any legal and attorney fees if applicable.

SALES TAX

Progress Promotional Products Co. is required to collect State Sales Tax in the state of Illinois and Florida. Illinois sales tax will be added at a rate of 10.00% to all orders shipped to an Illinois address. Florida sales tax will be added at a rate of 7.00% to all orders shipped to a Florida address. If your organization is tax exempt and a valid tax exemption number is provided at the time of placing the order, then you will not be assessed sales tax. If you order is not being shipped to an Illinois or Florida address, you will not be charged sales tax*. Sales tax is not applied to the shipping portion, setup, additional decoration options or digitizing charges of your order. *CA State Sales Tax may apply depending on the origin of the goods (where the order ships from).

RIGHT TO REFUSE SERVICE

Progress Promotional Products Co. reserves the right to refuse service to anyone for any reason. If Progress Promotional Products Co. detects any fraudulent or infringement activity, the order will be canceled immediately without further notice. We will enforce this policy to ensure a safe, professional and convenient online shopping environment for all of our customers.

NOTICE AND MARKETING COMMUNICATIONS

Progress Promotional Products Co. may deliver notice to you by e-mail or physical address you have provided, a general notice and content on the website, or by other reliable methods of communication. Progress Promotional Products Co. uses 3rd-party partners for all of its internet “online” marketing communications. We contact our customers electronically and/or via standard US mail with newsletter, product specials and samples. If you wish to unsubscribe from our e-mail or mailing list, you may do so at any time by clicking on the Unsubscribe button shown at the bottom of every e-mail marketing communication you receive or by contacting us at [email protected]. We hate spam as much as our customers do. All electronic communications sent by Progress Promotional Products Co. provide only relevant business marketing information, marketing ideas, promotional campaign calendars, interesting facts, promotional offers, coupon codes, and other promotional marketing goodness.

Last Updated June 1, 2017