This Agreement, made on this DATE: —, by and between Tracy Hamilton Inc. ("Distributor") also doing business under the name Fundraisingzone.com, and ("Organization"). Distributor 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.
Program
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.
Obligations of the Distributor
The Distributor shall have the obligation to do the following:
- Provide the necessary products, as selected by the Organization, to conduct the Program;
- 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 AFRDS;
- 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
Obligations of Organization
The Organization shall have the obligation to do the following:
- Designate members and or employees of the Organization to coordinate and actively promote the Program;
- distribute brochures and all other necessary material to the participants and keep them informed as to the start date and ending date of the brochure fundraiser;
- 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.
Cancellation fees. If a group of 100 participants or fewer cancels after catalogs have shipped, a $100 cancellation fee will apply.
For groups that received more than 100 catalogs, a $200 fee will be charged to cover materials, shipping, collation, and processing.
Additionally, if a group with over 100 participants cancels, the fee is $1.00 for each collated brochure sent.
If your total retail sale is below ten dollars per brochure, a charge of $.25 cents per brochure packet sent will be added to your invoice.
Term
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.
Notice
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 or Arbitration
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.
The above listed Organization will abide by the terms and conditions contained within this agreement and are hereby agreed upon by Tracy Hamilton Inc, the Organization and the undersigned sponsor of this agreement.
