By accessing kpixies.com, you agree to be bound by these Terms of Service.
1. The Application Process
kPixies is a performance marketing partner. Submitting the form via our website does not guarantee acceptance into our program. We pre-qualify every submission against margin, tracking, and product fit, and only accept clients where we can credibly commit to the performance floor. We reserve the right to decline any application at our sole discretion.
2. No Professional Advice
The information provided on this website, including case studies, marketing methodologies, and opinions on Google Ads, is for informational purposes only. It does not constitute binding professional or financial advice for your specific business.
3. The 5X ROAS Guarantee
Any mention of our "5X ROAS Guarantee" or performance-based compensation model on this website is an overview of our business model. The specific legal and financial mechanics of the guarantee are governed by the performance-based marketing terms in Section 4 below and by the formal written agreement signed between kPixies and the accepted client.
4. Performance-Based Marketing Terms
kPixies is the performance-based marketing service operated by Peter Benes (Benes the Menace). These terms set out the conditions under which we provide performance-based marketing services to accepted clients. By engaging our services, you agree to the terms below, which govern our performance-based marketing arrangements.
4.1 Definition and measurement of performance
Performance is defined by the achievement of specific objectives agreed at the start of our engagement. These objectives are typically measured by Return on Ad Spend (ROAS) or other agreed-upon metrics, such as lead generation or sales revenue.
We measure performance primarily through Google Analytics (GA4). Because analytics platforms can under-report, we supplement GA4 with the Google Ads conversion tag (and, where it helps accuracy, first-party mode) so that attribution reflects reality as closely as possible. In our experience GA4 sits within an acceptable range of the true figure, and where it does differ, the difference is almost always in the client's favor rather than ours. In every case, what we measure is actual sales generated by clicks on your ads, and those sales can be verified directly in your Shopify admin.
4.2 Fee structure
We charge a revenue share based on a sliding scale of the sales revenue generated from your ad spend:
- Up to 4.99X of ad spend: no fee
- 5X of ad spend: 5% of revenue
- 6X of ad spend: 6% of revenue
- 7X of ad spend: 7% of revenue
- 8X of ad spend: 8% of revenue
- 9X of ad spend: 9% of revenue
- 10X of ad spend: 10% of revenue
- 11X of ad spend: 11% of revenue
- 12X of ad spend: 12% of revenue
- 13X of ad spend: 13% of revenue
- 14X of ad spend: 14% of revenue
- 15X of ad spend: 15% of revenue
- 16X or more of ad spend: 16% of revenue (fee cap)
The revenue share is capped at 16% of sales revenue. We do not charge setup fees or a monthly retainer. You will only be billed when we achieve the agreed-upon performance metrics.
4.3 Payment terms
Invoices are issued based on the performance metrics achieved in the previous calendar month, and payments are due within 7 days of the invoice date. You agree to subscribe to a monthly ad budget, which is prepaid and automatically charged to your credit card. Any unused portion of the ad budget in a given month rolls over to the following month's budget; if the budget is overspent, the surplus is deducted from the next month's budget.
Guaranteed minimum performance threshold. We guarantee a minimum ROAS of 5X. If we fail to generate a ROAS of at least 5X your ad spend in any given month, our services are provided at no cost to you for that month.
4.4 Ad budget management and overages
We strive to fully utilize the advertising budget each month without exceeding the remaining balance. However, due to the nature of digital advertising, there may be instances where ad spend slightly exceeds the allocated budget. In such cases, you will receive an invoice for the overage. If you prefer not to receive an additional bill for ad spend overages, please inform us in advance and we will turn off ads before the final portion of the budget is spent, avoiding any overage charges.
4.5 Termination and cancellation
You may cancel our services at any time. Upon cancellation, any remaining prepaid ad budget will continue to be used for advertising until depleted. We reserve the right to terminate our services at any time, with or without cause; upon termination, any remaining budget may be applied to outstanding invoices or used for continued advertising. If you withdraw access to any necessary accounts (e.g., Google Analytics, ad accounts), the agreement will be terminated, all outstanding invoices will be due immediately, and any remaining ad budget will be forfeited. The ad account is owned and maintained by kPixies and is not transferable; upon termination, the ad account will not be transferred to you.
4.6 Client responsibilities
You agree to provide us with the access we need to your online properties (e.g., Google Analytics, Google Search Console) and any marketing assets required for our services, including high-resolution photos, professionally designed logos, and promotional videos. You are expected to inform us of any upcoming promotions or marketing strategies, including providing relevant assets and links in advance. Refunds and exchanges are considered a cost of doing business and do not count against the revenue share; we will assist in troubleshooting if an abnormal number of returns occurs.
4.7 Data access and ownership
We may install tracking scripts (e.g., Google Ads conversion tracking) and require access to analytics accounts for accurate performance measurement and revenue-share calculation. Except for the paid-search ad account, all accounts connected to our performance-based advertising program are owned by you. You may withdraw access at any time, but doing so will result in the termination of our services.
4.8 No full-service agency support
We specialize in performance marketing and do not offer full-service agency support. Coaching and consulting services are available separately if you require assistance with other aspects of your business.
4.9 Confidentiality
Both parties agree to keep all sensitive information confidential and not to disclose it to any third parties without prior consent, except as required by law. kPixies reserves the right to use data from clients' accounts for the purpose of creating case studies and marketing initiatives; in doing so, we will make every effort to anonymize and obscure any identifying information to protect the client's identity.
4.10 Limitation of liability
kPixies shall not be liable for any indirect, incidental, special, or consequential damages arising from or related to the performance of services under these terms.
5. Intellectual Property
All content, methodologies, structural frameworks, and copywriting on this site are the property of kPixies. You may not duplicate or repurpose our content for your own commercial use.
6. Governing Law
These terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada.
7. Contact
If you have questions about these terms, please contact us at [email protected].