Re-Match Guarantee
Version 2.1 · Effective 1 October 2026
Brandlexy curates every match, but no match is certain.
The Re-Match Guarantee is designed to ensure that an eligible brand is not left without a path forward when a Brandlexy-introduced engagement fails at an early stage.
1. What You Receive
If an eligible engagement qualifies under this Guarantee, the brand may request one re-match.
Brandlexy will reopen the search against the original requirement, exclude the original agency from the re-match shortlist, conduct a fresh matching process, and waive Brandlexy’s placement fee on the resulting re-matched engagement.
The original placement fee, if any, is not refunded. Instead, Brandlexy waives its placement fee on the eligible re-matched engagement.
Where a placement fee would otherwise have been payable on the re-matched engagement, the agency engaged under the re-match passes the benefit of the waiver to the brand: the price the brand pays is the agency’s quoted price reduced by that fee. No reduction arises where no placement fee would have been payable, including during the pilot.
2. Eligibility
An engagement may qualify where the engagement began within the preceding 60 days, the engagement is formally disputed or has been closed with a failed outcome, and the circumstances relate materially to the suitability or early failure of the original match.
Eligibility is assessed on the facts of the individual engagement.
A request for a re-match is made by filing a claim on the Platform. A claim can be filed only where a deliverable checklist for the engagement was confirmed by both the brand and the agency, the brand identifies the deliverables on that checklist that were not delivered, and the brand raised the issue with the agency through the Platform’s message thread at least seven days before filing. A claim may not be filed again once two claims on the same engagement have been reviewed and declined.
3. One Re-Match Per Engagement
Subject to Clause 11 of the Terms of Service and the eligibility requirements, exclusions and process set out in this Re-Match Guarantee, an eligible engagement may receive a maximum of one (1) re-match under the Guarantee. Any engagement resulting from such re-match will constitute the final re-matched engagement for the purposes of the Guarantee, and the subsequent failure, termination, non-commencement or non-completion of that re-matched engagement will not create any further right to a re-match, refund, fee waiver, compensation or other remedy from Brandlexy under the Guarantee.
For the avoidance of doubt, Brandlexy will have no obligation to provide a further re-match where the re-matched engagement does not proceed or ends due to the brand’s change in requirements, scope, budget, timelines or priorities; the brand’s failure to provide timely information, cooperation, approvals, access or other inputs reasonably required for the engagement; the agency’s conduct, performance, availability or decision not to proceed, except to the extent that the circumstances independently satisfy the eligibility requirements of this Guarantee and are attributable to a failure covered by the Guarantee; a change in circumstances occurring after the re-match; a dispute or disagreement concerning the commercial terms, strategy, creative direction, performance expectations or other matters relating to the re-matched engagement that does not constitute an eligible failure under this Guarantee; non-payment or other breach by either party; or any event or circumstance outside Brandlexy’s reasonable control.
Brandlexy will not be required to provide a further re-match merely because a re-matched agency is ultimately considered unsuitable, the engagement does not achieve the commercial or business outcome expected by the brand, or the parties elect to discontinue their relationship. Nothing in this Section requires Brandlexy to identify or provide a replacement agency where doing so would be impracticable, unlawful, inconsistent with the Platform’s availability or matching criteria, or otherwise not reasonably feasible in the circumstances. Brandlexy may, in its sole discretion, agree in writing to provide an additional re-match or other accommodation in exceptional circumstances, but any such action will be voluntary, case-specific and will not create a precedent or continuing obligation in respect of any other engagement.
4. What Counts as an Eligible Failure
Examples may include circumstances where the agency materially fails to commence the agreed engagement, becomes materially unresponsive shortly after commencement, there is a substantial mismatch between the agreed requirement and the agency’s actual capabilities, or the engagement is terminated because the original match was materially unsuitable.
These examples are illustrative and do not create an automatic entitlement.
5. What Does Not Qualify
A request for a re-match will not qualify under the Re-Match Guarantee where, based on the circumstances reasonably available to Brandlexy, the failure, termination or dissatisfaction with the engagement arises primarily from any of the following circumstances:
- (a) the brand cancels, pauses, materially changes or otherwise discontinues the relevant programme, campaign or business requirement;
- (b) the brand materially changes the scope, brief, deliverables, budget, timelines, commercial expectations or other requirements after the original match;
- (c) the brand fails to provide information, access, approvals, decisions, resources, feedback, cooperation or other inputs reasonably necessary for the agency to commence or perform the engagement;
- (d) the parties mutually agree to end, pause or modify the engagement for reasons that do not materially relate to the suitability of the original match;
- (e) the circumstances consist primarily of an ordinary creative, strategic, operational, commercial or other disagreement that does not demonstrate a material failure of the original match;
- (f) the brand seeks a different agency, approach, commercial arrangement or business outcome after accepting the original match, without circumstances indicating a material suitability or early-stage failure covered by the Guarantee;
- (g) the issue arises primarily from non-payment, delayed payment, disputed invoices or any other contractual, commercial or financial dispute between the brand and agency that is independent of the suitability of the original match;
- (h) the agency’s performance or conduct is affected by circumstances attributable to the brand, including changed requirements, inadequate cooperation or information, or other failure by the brand to meet its own obligations;
- (i) the circumstances do not reasonably indicate that the original engagement failed at an early stage due to a material mismatch or other circumstance contemplated by the eligibility requirements of this Guarantee; or
- (j) the circumstances otherwise fall outside the purpose or intended scope of the Re-Match Guarantee.
The exclusions in this Section are illustrative and do not limit Brandlexy’s ability to decline a re-match where, having regard to the circumstances as a whole, the requirements of the Guarantee have not been satisfied. Brandlexy may, in exceptional circumstances, agree to provide a re-match notwithstanding an exclusion, but any such decision will be made at Brandlexy’s discretion on a case-by-case basis and will not create any continuing entitlement, precedent or obligation to provide a re-match in similar circumstances.
6. How a Re-Match Is Decided
Every claim is reviewed by Brandlexy’s matchmaker or other authorised personnel before a re-match is provided. The agency is notified when a claim is filed, and both parties are notified of the decision.
Brandlexy may use automated Platform signals, information available through the Platform and information provided by either party as part of its initial assessment of whether a request for a re-match may be eligible under this Guarantee. Automated signals or preliminary screening are indicative only and do not constitute a determination that the eligibility requirements have been satisfied.
Before presenting any new shortlist, Brandlexy may conduct a further review through its matchmaker or other authorised personnel. Brandlexy may, at its discretion, request information, documents, explanations or other reasonable evidence from either or both parties that it considers relevant to assessing the circumstances of the original engagement, the reason for its failure, the parties’ conduct, and the applicability of the Guarantee. Brandlexy is not required to obtain information from both parties or to conduct any particular investigation before making its determination.
Brandlexy will determine whether to provide a re-match based on the information and circumstances reasonably available to it at the time of review, having regard to the eligibility requirements and exclusions of this Guarantee. Brandlexy may decline a re-match where the information available is insufficient to establish eligibility, where the circumstances fall within an exclusion, or where Brandlexy reasonably determines that the requirements of the Guarantee have not been satisfied. A decision to provide, decline or limit a re-match will not constitute an admission by Brandlexy as to the cause of the failure of the original engagement or the responsibility of either party for that failure.
Subject to applicable law, Brandlexy’s determination under this Section will be final and binding for the purposes of administering the Re-Match Guarantee, and Brandlexy will have no obligation to provide reasons beyond such explanation as it reasonably considers appropriate in the circumstances.
7. No Performance Warranty
The Re-Match Guarantee covers matching and certain forms of early failure. It does not guarantee campaign performance, revenue, leads, advertising results, creative quality, return on investment, business outcomes, future agency performance, or successful completion of the replacement engagement.
8. No Cash Refund
The Re-Match Guarantee provides a limited re-matching remedy only and does not create any right to a monetary refund, credit, reimbursement or other financial compensation from Brandlexy. In particular, a brand will not be entitled under the Guarantee to a refund or reimbursement of any agency fees or other amounts paid or payable under the original engagement, any placement fee previously paid to Brandlexy, or any costs, losses, expenses or damages incurred as a result of the original engagement or its termination.
For the avoidance of doubt, the availability of a re-match does not constitute an admission that the original agency failed to perform its obligations, that the original engagement was unsuitable, or that Brandlexy bears any responsibility for the outcome of the engagement. Brandlexy does not assume any obligation to compensate a brand for lost revenue, profits, business opportunities, goodwill, anticipated savings or other losses arising from the original or any re-matched engagement, subject in all cases to the applicable limitations and exclusions of liability under the Terms of Service.
Any refund, fee adjustment, damages, compensation or other remedy arising from the underlying brand–agency relationship must be pursued solely against the relevant contracting party in accordance with the agreement between the brand and agency. The Re-Match Guarantee does not create, expand or substitute for any contractual right or remedy available to either party under that separate agreement.
Because the Guarantee does not refund amounts paid to an agency, the Terms of Service limit what an agency may request before the brand accepts a first deliverable to two weeks of the agreed fees (the Upfront Limit in Clause 8 of the Terms of Service). Brands should keep advance payments within that limit.