Pure Charity Restricted Fund Policy & Agreement
(Last Modified: June 1, 2018)
NONPROFIT PARTNER RESTRICTED FUND POLICY AND AGREEMENT
AS A REGISTERED CHARITY (FIELD PARTNER), YOUR FIELD PARTNER AND FUNDRAISING PAGES SOLICIT RESTRICTED FUND CONTRIBUTIONS TO YOU THROUGH USE OF PURE CHARITY’S RESTRICTED FUND MODEL.
Pure Charity is committed to making support of charitable causes quick, easy, and efficient. To that end, we seek to affiliate with charities that share our charitable and philanthropic goals, such as yours. Pure Charity is a tax-exempt corporation described in I.R.C. § 501(c)(3) which, among other things, facilitates restricted fund contributions. Donors who make contributions on the Pure Charity Website in response to your fundraising will be donating to your organization through use of Pure Charity’s RF model. Signing up as a Registered Charity makes it quicker and easier to receive and monitor all restricted fund contributions to your charity.
For more information about Pure Charity, please visit www.purecharity.com.
FACILITATION OF RESTRICTED FUND CONTRIBUTIONS
In general, 95% of a restricted fund contributions made through the RF model will come directly to you, and Pure Charity will retain 5% for Pure Charity’s expenses (including credit card transaction costs). In the case where a donor makes a restricted fund contribution to a non-qualified entity and/or cause, or if Pure Charity is otherwise unable to facilitate the restricted fund contribution, then Pure Charity will either return the funds to the donor or obtain written consent from the donor to distribute the funds to another nonprofit. If the donor is unresponsive, then Pure Charity will seek court approval to distribute the funds to another nonprofit.
For example, assume Charity A is listed as an approved charity on the Pure Charity website. Donor B makes a $100.00 restricted fund contribution to Charity A on October 5th through the Pure Charity website. Pure Charity issues a receipt, via e-mail, suitable for substantiating a $100.00 tax-deductible donation by Donor B. Pure Charity transfers $95.00 to Charity A on or around November 10th, which is the amount of the donation from Donor B, less retained costs of $5.00 (5%).
NOTWITHSTANDING THE ABOVE, IN THE EVENT AN APPROVED CHARITY IS IN BREACH OF ANY CONTRACT OR AGREEMENT SUCH APPROVED CHARITY ENTERED INTO WITH PURE CHARITY, THEN PURE CHARITY MAY HOLD ANY CONTRIBUTIONS TO SUCH APPROVED CHARITY IN ESCROW UNTIL THE BREACH IS RESOLVED.
Only the authorized credit card holder may donate on the Pure Charity Website, and you may not enter donations on behalf of donors, although you can facilitate such donations (e.g., setting up a kiosk where donors enter their card information directly).
Unless otherwise requested by you, Pure Charity will follow its normal charitable contribution receipting process in acknowledging charitable contributions to your charity. You may send thank-you correspondence to donors contributing through your charity’s Fundraising Page and events, but you are not permitted to issue any charitable contribution receipts with Pure Charity’s name or tax identification number.
NO GOODS OR SERVICES IN EXCHANGE FOR DONATIONS
Federal law prohibits you from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for making a donation to you through the RF model. Part gift and part sale transactions are prohibited. Therefore, you agree that you shall not promise or provide any goods or services, including admissions to events, to donors in exchange for a donation to your charity using the RF model.
ULTIMATE RESPONSIBILITY FOR DONOR EXPRESSIONS OF PREFERENCE ABOUT USE OF FUNDS
The Pure Charity Website provides an opportunity for donors to designate the charity that will receive their donations. In addition, donors who would like to further express their preference as to how the charity should use these funds may designate their donation for a specific project by contributing toward the “project” when making their online donation. If a donor expresses such a preference, Pure Charity will communicate to the charity the donor’s preference regarding the use of the donation. However, Pure Charity does not guarantee donors that the recipient charity will use the funds in a manner consistent with the donor’s preference, and Pure Charity is not responsible or liable for the recipient charity’s ultimate handling of such preferences. Donors acknowledge that any designation of a donation’s use is merely an expression of preference and does not give rise to any contractual obligations for Pure Charity. As a Registered Charity using the RF model, you will have ultimate responsibility and sole discretion regarding whether to honor the donor’s expressed preference.
For example, assume Charity A is listed as a Registered Charity on the Pure Charity website, and Donor B makes a restricted fund contribution to Charity A through Pure Charity’s website. Donor B also expresses the preference that Charity A should honor the distribution and use the funds for a designated purpose. Charity A will receive the donation, less costs retained by Pure Charity and has ultimate responsibility and sole discretion over whether to honor the donor’s request and use the funds for the designated purpose.
CONDITIONS OF REGISTRATION
- In registering as a Registered Charity, you agree that as a Registered Charity Administrator:
- You have authority to represent the Registered Charity in completing this registration.
- You have authority if you so choose to create on behalf of your Registered Charity one or more Fundraising Pages thereby elevating your Registered Charity’s status to a Field Partner.
- You will provide true, accurate, and complete information through the Pure Charity Website.
- You are solely liable and responsible for all actions taken via your password.
- You are either an uncompensated volunteer or an employee of the Registered Charity, and are not an independent contractor receiving any form of compensation for these fundraising activities conducted on the Pure Charity Website.
- You are not employed by, agents of, or affiliated with Pure Charity.
- You do not have authority to act on behalf of, speak for, or obligate Pure Charity in any manner, except to use authorized Pure Charity online tools and materials to raise funds to support charitable causes through the Pure Charity Website
FUNDRAISING EVENTS AND ACTIVITIES
Charity-sponsored events. You may promote fundraising events and activities that are organized, sponsored, or approved by you on your Fundraising Page. For instance, you may ask your donors and other friends to donate to your charity, through one or more Pure Charity Fundraising Pages focusing on various projects or activities of your charity, or in conjunction with your charity’s own fundraising events and activities
Un-sponsored events. As a Registered Charity, you in your sole discretion may encourage Volunteer Fundraisers in your sole discretion to organize fundraiser events and activities, such as road races, bike-a-thons, etc. (referred to as “Events”), which are not organized or sponsored by your charity.
LIMITED LICENSE AND ACCEPTABLE USE
Pure Charity hereby grants your Registered Charity a limited, non-exclusive license to create a Fundraising Page on the Pure Charity Website and to use the photos, videos, graphics, information, other online tools and resources, and related services available on the Pure Charity Website (collectively, the “Tools”) solely for the noncommercial purpose of raising charitable contributions. You may not use any of the Tools for any purpose other than promoting your charitable services or other Approved Charities through the Pure Charity Website.
Registered Charity License to Pure Charity. In creating and maintaining a Fundraising Page on the Pure Charity Website, you agree to grant for up to 45 days following termination a limited, nonexclusive, royalty-free license to Pure Charity to display the trademarks, trade names, and logos (“Registered Charity Trademarks”) that you upload on the Fundraising Page for the exclusive purpose of highlighting your work and soliciting contributions to Pure Charity’s DAF on the Website. You further grant to Pure Charity the right to sublicense the Registered Charity Trademarks to Volunteer Fundraisers solely for the limited purpose of highlighting the Registered Charity on the Fundraising Page. Pure Charity acknowledges your ownership of the Registered Charity Trademarks, and all use of the Registered Charity Trademarks by Pure Charity inures to your benefit. Pure Charity may not incorporate any Registered Charity Trademarks within any trademark, trade name, or domain name created by Pure Charity.
Pure Charity’s License to You. Pure Charity grants you a limited, non-exclusive, royalty-free license to display the trademark Pure Charity ® and the Pure Charity Logo® (the “Pure Charity Trademarks”) solely on your Fundraising Page for purposes of raising funds through the Pure Charity Website. You acknowledge the ownership of the Pure Charity Trademarks by Pure Charity, and all use of the Pure Charity Trademarks by you inures to the benefit of Pure Charity. You may not incorporate any Pure Charity Trademark within any trademark, trade name, or domain name created by you.
The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Pure Charity Website and all Tools, and that is used by Pure Charity in conjunction with the services they are providing (other than Registered Charity Content as defined below and any content posted by Volunteer Fundraisers and/or other users), including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the Pure Charity Website (collectively, “Website Content”), are owned by Pure Charity or its licensors. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Tools and/or any Website Content, without express written permission from Pure Charity or its licensors.
The Pure Charity Website allows you to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “Registered Charity Content”). Pure Charity permits you to use the Pure Charity Website, the Tools, and the services provided by Pure Charity subject to your acknowledging and agreeing to the following conditions:
In creating and maintaining a Fundraising Page on the Website, you grant a limited, nonexclusive, royalty-free license to Pure Charity to display the Registered Charity Content that you upload on the Fundraising Page for the exclusive purpose of promoting you and soliciting donor-advised contributions to Pure Charity’s DAF through the Pure Charity platform on the Website. You further grant to Pure Charity the right to sublicense the Registered Charity Content to volunteer fundraisers solely for the limited purpose of using the Registered Charity Content to highlight the Registered Charity on the Fundraising Page, including the right to access, display, view, store, and/or download the Registered Charity Content, and post or forward the Registered Charity Content to others. You represent and warrant that you have the necessary rights to grant the foregoing permissions to Pure Charity. The foregoing license does not provide Pure Charity any rights to sell or license any Registered Charity Content therein to any other third parties, use the Registered Charity Content for any other media, and/or use the Registered Charity Content for advertising and promotion of Pure Charity.
Registered Charity Content posted by you and other users of the Pure Charity Website does not necessarily reflect the views of Pure Charity.
Pure Charity may, but is not obligated to, remove with or without prior notice to you any Registered Charity Content that it determines in its sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, unlawful, obscene, infringing or in violation of any Party’s intellectual property or other proprietary rights, or in violation of this Agreement. Pure Charity’s failure to block or remove any Registered Charity Content, however, is not a warranty, endorsement, representation, or guarantee regarding such Registered Charity Content.
The posting of Registered Charity Content on a Fundraising Page is solely the responsibility of each Registered Charity’s Administrator and/or Volunteer Fundraiser. Pure Charity is not responsible for the accuracy of any information, ideas or opinions posted by you or other users of the Pure Charity Website and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
You have sole responsibility for your Registered Charity Content and the consequences of posting Registered Charity Content to the Pure Charity Website.
You agree that the Registered Charity Content will accurately describe that contributions made via the Pure Charity Website, although donor-advised for the benefit of a specified qualifying charitable organization, are given to Pure Charity as completed gifts. In the case of users of the Pure Charity Restricted Fund model, you agree that the Registered Charity Content will accurately describe that contributions made via the Pure Charity Website are given to Pure Charity as completed gifts.
You represent and warrant that your Registered Charity Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party.
APPROPRIATE USER CONTENT
The Pure Charity Website may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “User Content”). Pure Charity permits you to use the Pure Charity Website, the Tools, and the services provided by Pure Charity subject to your acknowledging and agreeing to the following conditions:
User Content posted by yourself and other users of the Pure Charity Website does not necessarily reflect our views.
We will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.
The posting of User Content on the Fundraising Page is solely the responsibility of each Volunteer Fundraiser. Pure Charity does not assume responsibility for the accuracy of any information, ideas or opinions posted by users and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
You have sole responsibility for your User Content and the consequences of posting User Content to the Pure Charity Website. You bear sole responsibility for the consequences of posting User Content.
You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of the Field Partner or any other third party.
You agree not to: advertise or sell any goods or service. This includes your agreeing not to upload to, post, share, or otherwise publish through the Pure Charity Website any content that is commercial in nature, including but not limited to promotional material, advertising, or solicitation for goods or services (other than materials that directly further your charitable fundraising); operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise; upload, post or distribute any User Content which, in Pure Charity’s sole determination, is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law;
You agree not to engage in any conduct that: is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or offensive descriptions of sexual matters; encourages conduct that would constitute a criminal offense or that gives rise to civil liability; violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; impersonates any person, business or entity, including Pure Charity, or its employees and agents; violates these Terms or any other policy posted on the Pure Charity Website; or interferes with others’ use of the Pure Charity Website or the services provided by Pure Charity.
By posting, uploading or otherwise sharing your User Content on the Pure Charity Website, you: grant to Pure Charity a perpetual, non-exclusive, royalty-free, license to use the User Content for all purposes in furtherance of its purpose and mission, including but not limited to: displaying on the Pure Charity Website, sublicensing to a Field Partner, creating derivative works based on the User Content, and/or other uses for promoting a Field Partner; permit, but not require, Pure Charity to identify you as the provider of such User Content; represent and warrant that you have all necessary rights to grant the foregoing permissions; and grant to Pure Charity and to other users of the Pure Charity Website the right to access, display, view, store, and/or download such User Content, and post or forward such User Content to others.
You agree that Pure Charity has no liability or responsibility for the storage or deletion of any User Content that you submit or post, or emails you send through the Pure Charity Website.
You also agree not to upload, distribute, or otherwise publish any User Content to or through the Pure Charity Website that: contain any virus, spyware, worm, Trojan horse, or other computer malware, or post any other materials that may damage the operation of a computer; uses any means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Pure Charity Website; constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement, or the like; promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters or the like; contain any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission.
PURE CHARITY REPORTING
If you receive funds through use of the Pure Charity RF model, a report from Pure Charity of aggregate contributions received over the course of the calendar year is available through the Pure Charity Administrative Dashboard within the Pure Charity website.
PURE CHARITY FINANCIAL INFORMATION
Pure Charity files the annual Form 990 with the Internal Revenue Service. The IRS Form 990 and audited financial statement will be available upon request by emailing firstname.lastname@example.org.
If you use the Pure Charity RF model, then Pure Charity, through services provided by Pure Charity, will share with you and, if applicable, organizations administering giving events in which the donor participates the donor’s name, email address, mailing address, designation, and donation amount, unless the donor opts out and chooses to remain anonymous at the time of donation, in which case Pure Charity will honor the donor’s request for anonymity and not share the donor’s identity with you.
Only the authorized credit card holder may donate on the Pure Charity Website. A third party, including but not limited to the Volunteer Fundraiser or Charity, may not use the donor’s card information or enter donations on behalf of the donor. This practice is known as “credit card laundering” and is against the Visa and MasterCard agreement. Using Pure Charity’s merchant account to process your credit card transactions can lead to heavy fines and other severe penalties. In addition, you will also put the Pure Charity’s credit card processing account in jeopardy. Pure Charity may report any such abuses to the appropriate authorities. This restriction does not preclude the Volunteer Fundraiser or Charity from providing computer terminals or kiosks, with access to the Pure Charity Website, for the authorized credit card holder to utilize in order to make a donation.
DISCLAIMER OF WARRANTIES
The Pure Charity Website and Tools are provided to you “as is” without warranty of any kind. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Website Content or Tools, or other information or materials displayed on the Pure Charity Website. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any other Volunteer Fundraiser, and any donor. Pure Charity hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. Pure Charity is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.
YOU AGREE THAT NEITHER PURE CHARITY, NOR ANY OF THEIR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE PURE CHARITY WEBSITE (AND YOUR USE OF, OR INABILITY TO USE, THE PURE CHARITY WEBSITE). ANY CLAIMS ARISING FROM THE PURE CHARITY WEBSITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.
HOLD HARMLESS AND INDEMNITY
LINKS TO OTHER WEBSITE AND CONTENT
We may include links to third-party websites or services, and may provide links automatically to sponsor or third-party websites or services. These links do not mean that we review or endorse these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third parties who may be found on or linked from the Pure Charity Website are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.
DESIGNATED AGENT TO RECEIVE NOTIFICATIONS OF COPYRIGHT INFRINGEMENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
In accordance with the United States Digital Millennium Copyright Act (“DMCA”) and the Online Copyright Infringement Liability Limitation Act (“OCILL”), 17 U.S.C. §§101, 512, Pure Charity hereby serves the following DMCA/OCILL Notice to users of the services provided by Pure Charity or Pure Charity Website that:
Pure Charity has designated an agent to receive notices from copyright owners about alleged infringements by users of the Pure Charity Website and send notices to the Pure Charity Website users who post or send allegedly infringing material;
Pure Charity has registered the Pure Charity Website with the U.S. Copyright Office as an online service provider, including the name and address of the designated agent;
Pure Charity has adopted a policy of terminating access to the Pure Charity Website by users who are repeat copyright infringers;
Pure Charity accommodates and does not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking;
Upon receiving proper notification of an alleged infringement by a Pure Charity Website user, Pure Charity shall expeditiously take down or block access to the copyrighted material; and
Pure Charity has designated the following person to serve as Pure Charity’s agent to receive notifications of claimed copyright infringement in accordance with the DMCA and OCILL:
210 North Walton Blvd., Suite 27
Bentonville, AR 72712
The Pure Charity Website is controlled and operated from within the United States. Pure Charity makes no representation that the Pure Charity Website is appropriate or available in locations outside the United States. Those who choose to access the Pure Charity Website from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
TERMS AND TERMINATION
These Terms apply to your use of the services provided by Pure Charity and the Pure Charity Website at all times. Pure Charity reserves the right to change the Pure Charity Website without notice to you, at any time. You may terminate under these Terms at any time by emailing your request for termination to email@example.com, or your status may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the Pure Charity Website immediately ceases. Additionally, if you are an authorized representative of an Approved Charity, you may request that the Approved Charity be removed from the Pure Charity Website by emailing firstname.lastname@example.org.
CONSEQUENCES OF TERMINATION
These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement.
You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Pure Charity’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties’ respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
The Parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever.
These Terms shall be governed by the laws of the State of Arkansas without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Pure Charity Website shall be litigated or otherwise heard in the state or federal courts located in Arkansas and the parties hereto hereby consent to the exclusive jurisdiction of such courts.
Pure Charity may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.