Charity Program Agreement
(a) The "Web Storefront" is a collection of EasyHolidayCards.org (EHC), proprietary works, codes, database(s), methods and functions used to display, sell, and fulfill holiday card orders via an e-commerce web site.
(b) "You" “user”, or “partner”, refers to the person, entity or organization under this agreement which will be using the EasyHolidayCard.org (Storefront) application and services provided by, (EHC) and any successor or assignee of same.
(c) The term “Branding” refers to the application of the users logo and links placed on the storefront to make the store accessible from the users main web site
(d) The term “Qualifying sales” refers to the total sale(s) less shipping, special set-up fees and Credit Card Transaction fees of 3.5%
Storefront License User is granted the non-exclusive use of the storefront for use in their fundraising efforts during the term of this agreement. License and all rights granted under this Agreement may be revoked if you breach any provision in, or failure to comply with any of your obligations under this Agreement.
EasyHolidayCards.org will provide:
(a) One (1) branded storefront for the purposes of Partner fundraising
(b) Ordering, imprinting and fulfillment services of all valid card orders received
(d) Monthly disbursements of agreed upon percent of Partners qualifying sales, less shipping charges and transaction fees of 3.5%.
(a) Operate at all times in accordance with all federal, state and local governing bodies laws and regulations.
(b) To promote the Holiday card store to via newsletter, e-mail or other means during the months of August–December to members of its donor and/or solicitation mailing list(s).
(c) Place a link to the Holiday card store on their home page or other agreed to page on the Partners web site from the period of September 1 (or sooner if coinciding with promotional efforts) -December 20 th
(d) Keep EHC as its exclusive holiday card supplier during the term of this agreement.
The following is prohibited:
(a) Modify, translate, merge, or prepare derivative works of the Site, Software or Databases;
(b) Distribute, rent, sub-license or otherwise transfer or disclose, or transmit the Site, Software or Databases electronically to any person or entity;
(c) Copy any part of the Site or Software, nor any store databases;
(d) Use any of the Site, Software or Databases for service bureau or other purposes not specified in this Agreement or the documentation. You may not change or otherwise reverse-engineer the Software, Databases or the Site in any manner.
Limits of Liability
EHC depends on its partners to promote their stores and therefore cannot guarantee the partners success with such. In no event will EHC be liable to you for any loss of use, interruption of business, or any direct, indirect, special, incidental, or consequential damages of any kind (including lost donations) regardless of the form of action whether in contract, tort (including negligence), strict product liability, or otherwise, even if EHC has been advised of the possibility of such damages. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Agreement will remain in effect as long as (a) you comply with this Agreement in all respects. License is for the period beginning with your acceptance of this Agreement until the end of the current calendar year. Agreements are subject to automatic annual renewal beginning with the new calendar year unless you notify, in writing at least 30 days prior to the renewal date.