ShopForStudents.com and school, school program, music, sports team, charity, non-profit organization or religious group) Program Agreement.
You, ShopForStudents.com and its parent company, Creative Community Marketing, LLC are entering into an Agreement and relationship to help you raise monies for your fundraiser.
We ask for and take no monies. The only money involved is the 15% donation that we send and pay to your school or group in a monthly check based upon your referrals shopping on our site.
This Agreement contains the complete terms and conditions that apply to your school, non-profit and/or charities participation in the ShopForStudents.com Fundraising Program (the "Program"). As used in this Agreement, "we", "us", or "our" means Creative Community Marketing, LLC and ShopForStudents.com or any of our companies, as the case may be, and "you" means the applicant aka head fundraising person for your school, non-profit and/or charity. ShopForStudents.com means the site that has its primary home page identified by the ShopForStudents.com. HERE, and "site" means a World Wide Web site. "Your site" means any site that you will link to the ShopForStudents.com Site.
Enrollment in the Program
To begin the enrollment process, you will submit a complete fundraising program sign up application via the ShopForStudents.com Site. We may reject your application if we determine (in our sole discretion) that you or your fundaising organization or website is unsuitable for our ShopForStudents.com fundraising program. Unsuitable individuals and/or websites include those that:
promote sexually explicit materials
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
promote illegal activities
otherwise violate intellectual property rights.
By participating in the ShopForStudents.com Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the program at any time. You should also note that if we accept your application and your website is thereafter determined (in our sole discretion) to be unsuitable for the ShopForStudents.com Program, or if we have any reason why we want to terminate our arrangement with you, we can terminate this Agreement.
Links on Your Site
Once you have been notified that your website has been accepted into the program, you may provide on your site one or more links to the ShopForStudents.com site.
We will provide you with guidelines to use in linking to the ShopForStudents.com site. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats ("Special Links") to be used in all links between your site and the ShopForStudents.com website.
You must ensure that each of the links between your site and the ShopForStudents.com website properly utilizes such special link formats. You will earn referral fees only with respect to activity on the ShopForStudents.com website occurring directly through your Special Links; we will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
You acknowledge that, by participating in our Program and placing Special Links within your site or within the body of e-mails, whether actual banner ads or the underlying specific link we may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the Program constitutes your specific and unconditional consent to and authorization for our access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in the Privacy Notice on the ShopForStudents.com Site.
We provide you and your fundraising school or group a unique domain name (for enhanced marketing purposes) at no cost to you. For example: ShopForABCElementary.com.
We will process Product orders placed by customers who follow Special Links from your site, e-mails or any other way they obtained your unique link with us to the ShopForStudents.com Website. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, returns, and handle customer service. We will track sales made to customers who purchase our products by using Special Links from you to the ShopForStudents.com Site and will make available to you reports summarizing this sales activity, on a monthly basis. The form, content, and frequency of the reports are set up for monthly payment. Exception would only be for a technical issue beyond our control.
We will pay you (in accordance with Sections 5 and 6 below) referral fees on all product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site to the ShopForStudents.com Website, and add the Product to his or her shopping cart during that session. The session ends upon one of the following events: (a) 24 hours elapses from the customer's initial click-through, (b) the customer orders the Product, or (c) the customer follows a third party's Special Link. We will only pay referral fees on eligible Products after order, payment and shipping have occurred.
We will not, however, pay referral fees on any Products that are added to a customer's Shopping Cart after the customer has re-entered the ShopForStudents.com Website (other than through a Special Link from your site), as determined by us, even if the customer previously followed a link from your site to the ShopForStudents.com Website.
Referral Fee Schedule
For Products sold during customer sessions initiated through Special Links from you, your website, your blogs, e-mails, etc., you will earn (subject to the other terms of this Agreement) referral fees in accordance with the "Referral Fee Structure" described below.
Referral Fee Structure
For Products sold during sessions initiated through Special Links from you, your website or your e-mails, you will earn (subject to the other terms of the Agreement):
15% on the sub total of every order placed (not on taxes or shipping costs) and via your unique link and we will provide you a summary of your total orders.
Referral Fee Payment
We will pay you referral fees on a monthly basis.
Responsibility for Your Website/Blogs/Social Media/Promotion
You will be solely responsible for the development, operation, and maintenance of your website or blogs and for all materials and links that appear on your website or blogs.
E-mails and letters sent out to your staff, students, families, extended families and supporters maybe encouraged on a regular basis. The primary responsibility to get your staff, students families, extended families and all supporters of your school shopping and thereby creating your referral fee check is yours. We encourage your supporters of all types to spread the word, using that unique URL provided to you at sign up and by using our "E-mail This Product to a Friend Feature" found on every product description page. Be mindful that NO SPAMMING is allowed of any type. Only email addresses known by your staff and supporters. We encourage you as the funraising leader to send e-mailings on a bi-monthly basis. Need ideas? Feel free to call us at 954-438-9843 or 1-877-980-7467 or e-mail us at email@example.com.
Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your website, all links to the ShopForStudents.com website, and all of our trademarks, logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
You are eligible to earn the 15% donation only on sales of Products that occur during the term, and through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final donation payment for a reasonable time to ensure that the correct amount is donated to you and your school or group..
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the ShopForStudents.com website.
Modifications may include, for example, changes in the scope of available referral/donation fees, payment/donation procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE WEB SITE ShopForStudents.com WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Relationship of Parties ShopForStudents.com and You the "Fundraising Entity" (School, Team, Non-Profit or Charity)
You and we are entering into an Agreement and relationship to help you raise monies for your fundraiser. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral/donation fee paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program here at ShopForStudents.com or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the ShopForStudents.com website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN our ShopForStudents.com FUNDRAISING PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our individual fundraising schools or groups shall be submitted to confidential arbitration in Boca Raton, Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of FLORIDA (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of the United States and the state of FLORIDA, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.