and Organization hereby agree to the following:
- Purpose. The
purpose of this Agreement is to set out the terms and conditions for
the operation of a Brochure Fund Raising Program ("Program")
by the Organization with the assistance of the Distributor.
The Program consists of the Distributor providing certain products and
related services as selected by the Organization and paying for said
products from the funds derived through the Organization's active promotion
and sales of the products to its members, participants, associated potentially
interested parties in supporting the activities of the Organization.
of the Distributor. The Distributor shall have the obligation to
do the following:
- Provide the
necessary products, as selected by the Organization, to conduct
- provide the
necessary promotional material such as brochures, order forms, collection
envelopes and tally sheets;
- comply with
the Code of Ethics and Standards for Professional Practice of the
- comply with
state and federal laws applicable to the program;
- provide full
pre-packing services as outlined in our paperwork and at our site;
- provide prize
brochures and prizes if necessary;
- provide delivery
of all products and prizes to the Organization;
- provide replacement
products for all damaged or missing merchandise
The Organization shall have the obligation to do the following:
members and or employees of the Organization to coordinate and actively
promote the Program;
brochures and all other necessary material to the participants and
keep them informed as to the start date and ending date of the brochure
- provide the
necessary facilities for storage of the product and personnel to
handle distribution to the students or members;
- collect the
funds from the sales made in the Program and to pay over to the
Distributor the agreed upon amounts for the product as set out at
our website Fundraisingzone.com;
- comply with
all state and federal laws applicable to the Program, including
but not limited to any applicable state sales tax and use tax requirements;
- advise any
other distributor that contacts the Organization, while this Agreement
is in effect, that it has already entered into an Agreement with
the Distributor for the term covered in the Sign Up Application
area of this agreement
- conduct the
Program in a safe manner.
This Agreement shall be in effect for a term of nine months from the
date of execution for the brochure selected in the Sign Up Application
area of the Agreement.
- Entire Agreement.
This agreement contains all of the covenants between the Distributor
and the Organization and no agent or representative of the Distributor
or the Organization has authority to modify, and or, or change any of
the terms or conditions of this Agreement. The Organization agrees that
no oral or written statements, promises, representations or guarantees
by the Distributor, other than those contained in this Agreement, have
been made to the Organization.
- Binding Agreement.
Upon execution by the authorized representative of Distributor and Organization,
this Agreement shall be binding upon all administrators, successors
and assigns of both Distributor and Organization. In the event this
Agreement is cancelled less than 60 days prior to the start date a fee
equal to the full cost of the brochures and ancillary costs will be
assessed to the Organization and or the Sponsor of this Agreement.
All notices, requests, demands and other communications under this agreement
shall be in writing and shall be deemed to have been duly given if served
personally on the party entitled thereto to whom notice is to be given,
or if mailed to the party entitled thereto to whom notice is to be given,
by registered or certified mail.
- Disputes, Mediation
Any disputes between parties to this Agreement shall be resolved by
Arbitration before a local arbitrator selected jointly by the parties
form the ("list") of the nearest American Arbitration Association.
The party losing the arbitration shall pay for the expenses of the arbitration,
including the legal fees of the wining party, unless otherwise determined
by the arbitrator.
- Status of Parties.
The Distributor and the Organization are each independent entities.
Neither the Distributor nor the Organization are acting as an agent
for the other, or are the members or students of the Organization acting
as agents for the Distributor.
- Execution of
the Agreement. The parties of this Agreement hereby duly executed
this Agreement on and effective as of the date written above.