Giving Corps Company Affiliate Membership Agreement
This Membership Agreement (this "Agreement") describes the terms and conditions applicable to your use of our services as a "Giving Corps Company Affiliate" as presented by Altruism In Action, llc., dba Giving Corps and GivingCorps.com, hereafter referred to as "Site". By choosing "I accept" below, you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions or have any questions, please contact us via email at Support@GivingCorps.com. We may amend this Agreement at any time by posting the amended terms on our web site. The amended terms shall automatically be binding and effective immediately for all matters occurring thereafter. This Agreement may not be otherwise amended except in writing and signed by both parties.
1. Affiliate Membership Entitlements - Our Commitment to You
Should you choose to affiliate, we commit to provide:- Promotion: an online Company profile (click here for sample) includes up to 400 words to describe your business, logo, promotion of favorite charities unique giving amounts, website link, email link, email a friend feature, editorial mention in news, one county for search results and leads.
- Website Promotion: includes up to 200 words to describe your business, logo, promotion of favorite charities unique giving amounts, website link, email link, email a friend feature, editorial mention in news, 5 zip codes for search results and leads.
- Leads: New customers delivered via the world's most innovative lead generator (click here for sample) by county.
- Networking: a network of supportive affiliates offering "members only" specials.
- Control: the opportunity to choose, endorse and uniquely support charities and causes, update giving amounts, track hits to each giving combination, update logo and additional profile information via your own password protected website access.
- Additional Tools: literature for your current customers, certificate of recognition, decals and affiliate press release available upon request by email to director@GivingCorps.com. Additional counties codes are available at $400/each.
2. Affiliate Member Obligations - Your Commitment to Us
All "Giving Corps Company Affiliates" must agree to:- Identifying total amount of Giving Corps coupons redeemed and associated charity payments made if requested by any legitimate party to the transaction.
- Timely payments forwarded to charity recipients (within one month of closed business with consumer redeemer)
- Timely updating of information related to your online promotion.
- Giving Corps may, at their discretion, choose to pursue additional damages beyond forfeiture of membership for failure to comply with obligations.
3. Membership Eligibility.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Giving Corps Affiliate members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Giving Corps account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.4. Fees and Services.
Joining at this time requires a fee based upon: whether you choose to appear exclusively within your community, or inclusively, how many independent contractors are going to be promoted, additional county search scope. Etc. Your Account manager will work this out with you personally. Our Fees and Credits Policy is available and is incorporated into this Agreement by reference. We may change our Fees and Credits Policy and/or the fees for our services from time to time. Our changes to the policy are effective fourteen (14) days from written notice (ref. section 18) We may choose to temporarily change our Fees and Credits Policy and the fees for our services in case of promotional events which require no notification. In the event we introduce a new service, the fees for that service are effective at the launch of the service and upon your acceptance. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.To become an official affiliate you must agree to these Terms and Conditions, complete an on-line application and any necessary payment must be recorded successfully.
5. System Integrity.
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the GivingCorps.com Site or to surreptitiously intercept or expropriate any system, data or personal information from the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques.6. Use of Bots and Other Electronic Agents.
You agree that you will not use any robot, bot, spider, or other automatic or manual device or process to monitor or copy any pages on the Site.7. Registration Identification and Passwords.
Your Site registration identification and password are confidential and proprietary and you may not disclose your registration identification or password to or share them with any third parties, or otherwise use registration identification or password for any unauthorized purpose.8. Links to and from Third-Party Sites.
The Site may contain links to third-party web sites not under our control or operation. We provide links only as a convenience, and we do not endorse nor are we responsible for the contents of any linked site or any site linked to or from a linked site, or for the failure of a link to function properly.9. Third-party Consent.
The Site contains news and information published by various third party providers. The Terms and Conditions of the respective third parties are incorporated herein by reference and are part of these Terms and Conditions.10. Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and posting and retrieval of information (including without limitation those governing export control, unfair competition, antitrust, and false advertising). You acknowledge that we have an express policy of complying with all applicable laws, including but not limited to United States antitrust laws, and that the operation of the Site is not intended to facilitate collusion or other illegal agreements among competitors. To further that end, you represent and warrant to us that you do not intend to use the Site to violate the antitrust laws and will not knowingly act as a conduit or intermediary for price-fixing or any other anti-competitive activities.11. Termination.
We may terminate your membership, your postings and any company listings immediately if you breach any term of this Agreement, or if we are unable to verify or authenticate any information you provide to us. You may terminate your ability to use the Site, your registration identification and password at any time by sending us a notice at Support@GivingCorps.com.12. Privacy and Security.
All information that you submit to the Site including registration information, company information and all other information are protected by our privacy policy, which is located the Privacy Policy page and incorporated into this agreement, and may be modified by us at our sole discretion from time to time. While we strive to protect our users' information and privacy, we cannot absolutely guarantee the security of any information you disclose online.13. No Warranty.
WE PROVIDE THE SITE AND ITS SERVICES AS IS, WHERE IS, AND AS AVAILABLE. WE MAKE ABSOLUTELY NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE OR SERVICES, AND HEREBY NOTIFY USERS THAT OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.14. Indemnification.
You agree to indemnify us from and against any and all claims and damages of any kind (including attorneys' fees) resulting from your use of the Site and all associated Giving Corps business and interaction, including your breach of any provision of this Agreement or from any actions you take. We reserve the right to report any wrongdoing by you, if we become aware of it, to the applicable government authorities.15. Release.
We are not involved in user-to-user transactions, in the event that you have a dispute with one or more users, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site or such disputes. You waive the provisions of any state law limiting or prohibiting a general release.16. Limitation of Liability.
IN NO EVENT SHALL GIVING CORPS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, AND IN NO EVENT SHALL GIVING CORPS TOTAL CUMULATIVE LIABILITY EXCEED THE TRANSACTION FEE ASSOCIATED WITH THE YOUR MEMBERSHIP OR OTHER ITEM OR OCCURRENCE THAT GIVES RISE TO LIABILITY, REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE) AND REGARDLESS WHETHER GIVING CORPS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.17. Our Relationship.
No agency, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between you and Giving Corps. This Agreement is between you and Giving Corps and is not intended to be for the benefit of any third party.18. Notices.
You shall provide any required notice to us by e-mail to Support@GivingCorps.com. We shall provide any notices to you by e-mail to the e-mail address you provided during your registration. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party receives notice that the email has not been delivered (for reasons beyond the control of the recipient).19. Arbitration.
You agree that any controversy or claim you may have arising out of or relating to this Agreement or your use of the Site shall be settled by arbitration administered by the American Arbitration Association and conducted in the State of Washington, United States of America. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.20. Agreement.
This is a contract that forms a legally binding agreement between you and Giving Corps. Its terms are effective from the moment you first use our Site; we will deem you to have accepted all the provisions of our User Agreement without modification the first time you visit the Site; and Giving Corps requires you to expressly acknowledge your agreement when registering to become a Giving Corps Company Affiliate. If you do not accept the terms of this Agreement, you cannot use the Site or the services provided as a Giving Corps Company Affiliate. The Site and membership is built on trust. Your agreement to abide by these terms helps promote that trust among all members of our community, keeping the Site and affiliate network a safe marketplace. Giving Corps recommends that you print a copy of this Agreement for your records. (Print here)Giving Corps reserves the right to amend this Agreement at any time by posting the amended terms on the Site. The amended terms shall be effective as of your next use of the site following their posting. Giving Corps may also add, delete or modify some or all of our services at any time.