If you are a nonprofit organization that will be receiving donations through our Giving System, also referred to as DonateNow Lite, but do not subscribe to our Services (such as the full DonateNow Service), these provisions (in addition to all the previous terms and conditions) shall apply to you.
LIMITED LICENSE. Provided you have registered your organization with GuideStar, Network for Good hereby grants to you a nonexclusive, revocable, royalty-free limited license to use a Network for Good donation site URL (“DonateNow Lite” URL) and to place a link to that “DonateNow Lite” URL on your website solely as necessary for, and for the purpose of, facilitating online donations to your 501(c)(3) charitable organization.If you choose to use one of the “DonateNow Lite” buttons provided by us as the link to your donation URL, Network for Good hereby grants to you a nonexclusive, revocable, royalty-free, limited license to download and use the “DonateNow Lite” button (the “Button”) on your website solely for the purpose described above. The link to your DonateNow Lite URL, whether one of the Buttons, a separately designed icon, or a hyperlink, is referred to herein as the “Link.” You agree not to use the Link in a manner that is, or otherwise include materials on your website that are, disparaging of Network for Good or GuideStar. You also agree not to use the Link on a website with content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law, as determined by Network for Good in its sole discretion. You understand that Network for Good has not authorized, sponsored, endorsed, or approved your website, your organization, or your organization’s activities and agree that the Link shall not be used in any manner that would falsely convey such sponsorship, endorsement, or approval by Network for Good. Network for Good reserves all proprietary rights in and to the Button, the Link, and all other Network for Good trademarks not expressly granted herein. You agree that Network for Good can revoke this license at any time for any or no reason upon notice by Network for Good to you and you agree upon receipt of such notice immediately to cease using the Link and Button, if applicable. You also agree that this license shall be automatically terminated without any action on Network for Good’s part should you no longer possess tax-exempt status under Internal Revenue Code (“IRC”) Section 501(c)(3).
REPRESENTATIONS. In exchange for receiving any donations through the Network for Good Giving System, you represent and warrant to Network for Good that at all times you will be receiving donations through our Giving System:
a. you are recognized by the Internal Revenue Service as exempt from federal income tax under IRC Section 501(c)(3), and have public charity status under Section 509(a)(1) or (2), are not classified by the Internal Revenue Service as a Type III supporting organization under IRC Section 509(a)(3), and will utilize all donations received through use of the Network for Good Giving System in accordance with such tax-exempt status, and your website will not violate any restrictions imposed by applicable law on IRC Section 501(c)(3) entities, including but not limited to those proscribing political activity or proscribing the use of your income or assets for a private purpose;
b. you understand that the contribution to your charity is being made to Network for Good, a Delaware nonprofit corporation and donor advised fund (tax ID 68-0480736)(“NFG-DAF”), which NFG-DAF will distribute to you, provided that you are a public charity in good standing with the IRS at the time of the distribution and as required by the IRC and Internal Revenue Service, NFG-DAF has exclusive legal control over the donation;
c. you understand you may have obligations to register under, and covenant that you shall fully comply and bear the costs associated with, any and all applicable state and local statutes governing the solicitation of charitable solicitations, including but not limited to fulfilling any registration requirements thereof;
d. you have registered with the GuideStar Information System at www.guidestar.org website;
e. you have completed and submitted the Electronic Funds Transfer Authorization Agreement, if this is your preferred payment method;
f. you shall promptly notify Network for Good of any change in your tax-exempt status, and any inquiry by the IRS or any state or local government regarding the matters described in (a) and (b) above;
g. the donor of any online donation will not receive, nor be promised to receive, any valuable goods or services as a result of such donation, unless we are acting as an agent providing such services on your behalf;
h. you grant Network for Good the authority to collect donations on your behalf, and consent to the use of your organization’s name on the Websites; and
i. The Giving System cannot be used to process membership payments, merchandise payments, or to accept donations that were not made directly by the donor to your organization through the Giving System.
PROCESS OF RECEIVING DONATIONS THROUGH DONATENOW LITE.
a. When a donor recommends to Network for Good that it distribute its donations to you, NFG-DAF shall grant such donations actually collected by NFG-DAF to you (provided you are a public charity in good standing with the IRS at the time of distribution), less any amounts retained by Network for Good and NFG-DAF for processing costs, which costs shall be disclosed to you at the time we distribute donations to you. At the time of donation, we give donors the option to pay these processing costs, so that you receive the full donation amount.
b. If You have signed up to receive disbursements through electronic funds transfer, then all donations to You, net of Fees, shall be disbursed to You within thirty (30) days after the end of each month. If You are receiving disbursements through checks, the aggregate donations totaling at least $9.51, net of processing costs ("Minimum Disbursement Amount"), shall be disbursed to you within thirty (30) days after the end of each month and shall be accompanied by an email statement showing the donations collected and the amount retained by Network for Good. Please review these donation statements carefully and report any concerns to Network for Good in a timely manner; failure to do so will limit your rights and our ability and obligation to respond. Network for Good and NFG-DAF shall have the right to update the Minimum Disbursement Amount from time to time in its sole discretion. If donations directed to you do not meet the Minimum Disbursement Amount, NFG-DAF will hold donations to you until the sum of the aggregate donations meets the Minimum Disbursement Amount. Notwithstanding the foregoing, NFG-DAF shall disburse any donations to you, net of processing costs, at the end of every twelve (12) months, regardless of whether or not such amount is less than the Minimum Disbursement Amount.
c. As donations are not refundable to the donor, NFG-DAF retains the right to re-grant donations to another charity if you are no longer in good standing as a public charity with the IRS, if you appear on the Office of Foreign Assets Control (OFAC) list of organizations with suspected ties to terrorism or if you have not cashed checks issued by NFG-DAF to you within 6 months of the date of issue.
USER DATA. “User Data” shall mean all information collected by Network for Good from any user who makes an online contribution designated for you via DonateNow Lite. “Individually Identifiable User Data” shall mean that subset of “User Data” which can be reasonably used to identify a specific individual, such as name, address and/or phone number. Except as provided herein, all User Data shall be deemed to be jointly owned by Network for Good, NFG-DAF, and you. Without the express permission of the user, neither Network for Good nor NFG-DAF shall sell or rent the Individually Identifiable User Data to any third party. Network for Good may transfer or disclose Identifiable User Data to third party service providers as needed in order to provide services to Network for Good, and in such cases, the third parties’ use of such information will be restricted solely to their roles in providing those services. Network for Good may use Individually Identifiable User Data for statistical analyses and internal business purposes such as identifying fundraising trends. Network for Good and NFG-DAF shall maintain and store all User Data in compliance with their then-current privacy and security policies. Unless you have specifically informed donors of a Privacy Policy that differs from Network for Good’s policy, you shall adhere to the Privacy Policy adopted by Network for Good. Network for Good’s Privacy Policy can be found on its website at http://www.networkforgood.org/privacy. Network for Good shall release Individually Identifiable User Data to you on a monthly or quarterly basis, as applicable, simultaneous with the donation statement to be provided to you as set forth above; provided, however, that if you permit anonymous donations and a User elects anonymity, Network for Good shall not disclose such Individually Identifiable User Data to you.
CANCELLED CONTRIBUTIONS.
a. Donor Initiated Credit Card Contribution Cancellations: All donations processed by NFG-DAF are final and may not be refunded.
b. Credit Card Company Charge Backs and Disputed Charges: In the event Network for Good receives notification of a charge back or a disputed charge from a credit card company as a result of a donation granted to you:
Network for Good will contact the donor via email and carbon copy (cc) you on this email. Network for Good will inform the donor how they can continue with their donation, and inform the donor that canceling their donation will require you to refund their contribution to Network for Good.
If the donor does not respond affirmatively to continue with their donation or clear the charge back with their bank within thirty (30) calendar days, then you will be required to return the charge back donation amount to Network for Good within forty-five (45) calendar days from the original email notification.
Network for Good shall have the right to:
Deduct charge back amounts from your future grant checks until the charge back and related administrative fees are paid in full.
Terminate your access to DonateNow Lite; and/or
Pursue any necessary legal action in order to recover the disputed charge back amounts. You acknowledge and agree that if Network For Good finds you did not, in good faith, attempt to refund Network for Good with the charge back amount in question, then you will pay for all of Network for Good’s expenses (including, but not limited to , courts costs and attorney fees) related to any legal action initiated for the purpose of recovering the disputed charge back amounts from you.
DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN ThIS DOCUMENT AND OTHER TERMS & CONDITIONS, NETWORK FOR GOOD MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITES, THE SERVICES, THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE BUTTON, THE NETWORK FOR GOOD GIVING SYSTEM, AND ANY OTHER SERVICE, CONTENT, TOOLS, OR RELATED DOCUMENTS OR MATERIALS (IN ELECTRONIC FORM OR OTHERWISE) PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS & CONDITIONS, NETWORK FOR GOOD EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY, FUNCTIONALITY, OR ANY OTHER ASPECT OF THE WEBSITES, THE SERVICES AND THE CONTENT, INCLUDING, WITHOUT LIMITIATION, THE NETWORK FOR GOOD GIVING SYSTEM OR THE DONATE NOW BUTTON. You agree that Network for Good will not be liable for any interruptions or errors in using the Donate Now URL. The provisions of this section shall survive your cessation of use of the Services, including, without limitation, the Giving System.
INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Network for Good and NFG-DAF, their parents, subsidiaries, and affiliates, and their respective officers, directors, agents, distributors, franchisees, and employees against any loss, damage, expense, or cost, including reasonable attorneys’ fees (including allocated costs for in-house legal services) arising out of any claim, demand, action, suit, investigation, arbitration, or other proceeding by a third party based on (i) your material breach or the inaccuracy of any covenant, duty, representation, or warranty set forth in these Terms & Conditions, (ii) materials contained on your website (including any allegation that such materials infringe a third party’s proprietary rights), and (iii) any other aspect of your activities or your website and the content thereon.
You represent that that the individual agreeing to these Terms and Conditions is authorized to provide all relevant information and bind the nonprofit to all such terms.