To participate in the GiveByShopping.com Online Fundraising Network:
1. You attest that you are authorized to act in an official capacity on behalf of the non-profit organization (the "Participant") with which you have identified yourself and that you have the legal authority to make changes to, or to order changes made to the home page of the website hosted by the Participant as its primary presence on the World Wide Web of the Internet.
2. You agree that the Participant will make a good faith effort to acknowledge the sponsorship of Participant's activities. Acceptable evidence of a "good faith effort" could include, but not be limited to, (a) placing a link to the Participant’s GiveByShopping.com Online Shopping Portal on the home page of Participant's website(s), (b) acknowledging GiveByShopping.com's sponsorship and creation of the Participant's GiveByShopping.com Online Shopping Portal in regular, recurring communications with Users, including, but not limited to electronic mail messages, postal mailings, newsletters, face-to-face meetings, and radio and/or television broadcasts, and/or (c) referencing GiveByShopping.com in face-to-face meetings, guest columns in publications, and telephonic or in-person appearances during radio and/or television broadcasts sponsored by the Participant.
3. You understand and agree that GiveByShopping.com is not responsible in any manner for any part of any commercial transaction(s) between any User(s) and the Merchant(s) advertised on the Participant's GiveByShopping.com Online Shopping Portal. Any dispute between User(s) and Merchant(s) must be resolved exclusively between those parties without involving GiveByShopping.com or its participating non-profit organizations, including the Participant, in accordance with the Terms and Conditions and Privacy Policy of the Merchant(s) website(s) in question. Participant will inform any User raising any complaint against any Merchant to contact said Merchant directly.
4. You understand and agree that all information regarding the donations made to the Participant by GiveByShopping.com is confidential and may be disclosed by you only: (a) in an annual acknowledgment to GiveByShopping.com in a format acceptable to the Internal Revenue Service for the declaration of contributions to non-profit organizations, (b) to officers and directors of the Participant, if a corporation, for the purposes of gaining approval for initial and continued participation, (c) to the deacons, elders, governing body or membership of the Participant, if a church, for the purposes of gaining approval for initial and continued participation, (d) in compliance with a lawfully issued and executed directive of a court of competent jurisdiction, (e) in compliance with federal and state laws regarding taxation, reporting of income, and/or receipt of charitable contributions, or (f) to independent auditors contracted by the Participant, who agree to be bound by this confidentiality provision. All information regarding the donations made by GiveByShopping.com is proprietary intellectual property and is protected by Federal and International law.
5. You agree that an authorized representative of the Participant will respond to email, postal mail, or telephone inquiries from GiveByShopping.com regarding Participant's compliance with this Agreement, or any other relevant matter, within 48 hours for communications initiated on weekdays and within 96 hours for communications initiated on weekends. If an authorized representative of the Participant is unable to answer questions posed or provide information requested by GiveByShopping.com within these time periods, you agree that the Participant will contact GiveByShopping.com no less frequently than once per business day with an update on the progress of responding to GiveByShopping.com's inquiry.
6. You agree that your participation with GiveByShopping.com may be terminated at any time, for any reason, or for no reason, with or without notice not withstanding any other provision of this or any other agreement between GiveByShopping.com and the Participant. You acknowledge that your participation in the GiveByShopping.com Online Fundraising Network is voluntary and that GiveByShopping.com's provision of access to the Merchants that make up the Network is equally voluntary. If Participant determines, by vote of membership or a governing body, to discontinue participation in the Network, Participant shall provide 30 day's notice via email. If GiveByShopping.com determines to discontinue providing access to the Network to Participant for inactivity or unacceptably low level of activity, GiveByShopping.com will provide 30 day's notice via email. If GiveByShopping.com determines that Participant has violated any provision of this Agreement, the GiveByShopping.com Terms of Service, or the GiveByShopping.com Privacy Policy, GiveByShopping.com will provide no notice before terminating Access to the Network.
7. You acknowledge that you have read, understand, and agree that you, individually, and in your official capacity, the Participant, and all subsidiaries, affiliates, officers, directors, employees, agents, etc., of the Participant agree to and agree to be bound by the GiveByShopping.com Terms of Service and Privacy Policy. You agree to regularly re-read these policies periodically to keep abreast of any changes to them.
8. You agree that the Participant will not accept sponsorships from any external website(s), other than GiveByShopping.com, that advertise for-profit Merchants or sell products, unless said products are produced by or on behalf of the Participant in the normal course of Participant's non-profit operations. If the Participant sells or offers in exchange for suggested contributions any "resources" (pamphlets, books, magazines, newsletters, audio and/or video recordings) for the benefit of the public, posting notice of the availability of such resources on Participant's website(s) shall not constitute a violation of this provision. Non-commercial radio station Participants that promote the website(s) of station "sponsors" on the Participant's website(s) shall not be deemed to be in violation of this provision.
9. You agree that GiveByShopping.com has the right to refuse participation in the Network to any entity, for any reason, or for no reason and that GiveByShopping.com is under no obligation to disclose the reason, if any, for refusing participation to any entity.
10. You understand, if the Participant self-identifies as a "church," that participation will be terminated if, at any time, more than twenty-five percent of the membership of said church is comprised of individuals related by birth, adoption, or marriage to full or part-time staff members, or volunteer ministry leaders of the church. You agree to terminate your request to participate if this is currently the case, and to notify GiveByShopping.com via email immediately if this becomes the case in the future.
11. You agree that Participant does not and will not promote violence against any individual or group other than for lawful self-defense and/or participation in a military force organized by a government with lawful jurisdiction over the Participant's members and/or supporters.
12. You agree that the Participant does not and will not discriminate against any person or group in a manner inconsistent with federal law. Requirements that employees of a religious institution be adherents of the doctrine promoted by that institution, and/or prohibitions against behavior considered to be immoral according to the established teachings of a religious institution shall not be considered to be discriminatory under this provision.
13. You acknowledge that GiveByShopping.com does not participate in boycotts of Merchants and understand that no Merchant link(s) will be removed from Participant's GiveByShopping.com Online Shopping Portal for the purpose of a temporary boycott. Organizations that regularly engage in boycotts for the purpose of affecting policy and/or social change are discouraged from participating in the GiveByShopping.com Online Fundraising Network. (Note: GiveByShopping.com is not opposed to boycotts, in principle, as a tool for affecting change. They are, however, not conducive to the success of this fundraising model.)
14. You acknowledge that GiveByShopping.com makes contributions based on the value and type of items purchased by Participants' members and/or supporters through Participants' GiveByShopping.com Online Shopping Portals; that the level of contribution varies from Merchant to Merchant and even among categories of items sold by the same Merchant; that GiveByShopping.com will contribute a minimum of a set percentage (indicated on the Merchant List) of the amount spent through each Participant’s GiveByShopping.com Online Shopping Portal to that Participant (unless GiveByShopping.com's commission on the sale is reduced, in which case the indicated contribution percentage will also be reduced accordingly), and that GiveByShopping.com may, at its sole discretion, make a larger donation than the percentage indicated on the Merchant List. You understand, agree, and acknowledge that GiveByShopping.com’s contribution to Participants is, for the purposes of law and the Internal Revenue Code, a “sponsorship payment” and not a sales or advertising commission and, as such, Participants have no claim to a greater contribution level than that offered by GiveByShopping.com.
15. You agree that this Agreement may be altered, modified, added to, and/or terminated at any time by GiveByShopping.com without notice and that Participant's and Participant's representatives' sole recourse under this Agreement and the GiveByShopping.com Terms of Service and GiveByShopping.com Privacy Policy is to terminate their participation in and use of the Network. All relevant portions of this Agreement, the GiveByShopping.com Terms of Service and the GiveByShopping.com Privacy Policy shall survive the termination of this Agreement and/or the dissolution of the Network.
To begin your participation in the GiveByShopping.com Online Fundraising Network, visit our Enrollment Page and provide us with the requested information.