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FaxCongress™ Terms of Use and Guidelines

For Affiliates/Fundraisers Supplement to Site’s Terms and Conditions of Use

 

Updated March 26th, 2013 (Supersedes previous Terms of Use For Affiliate/Fundraisers)

 

By signing this confidential agreement, you accept these Affiliate/Fundraiser Supplemental Terms and Conditions of Use of FaxCongress.com you agree to abide by the FaxCongress.com Terms and Conditions, and these Supplemental Terms (collectively "Terms"). These Terms constitute a legally binding contract between you, the Affiliate ("Fundraiser" or “You”) and the owners of FaxCongress.com (d/b/a "Fax Congress" or "FaxCongress" or "Company" or "FC"). FaxCongress owns and operates the FaxCongress.com Website ("Site"), and the publishing software and other services offered on or through the Site (collectively, the "Services"). You acknowledge that you have legal authority to enter into this contract and that your company or entity is a legally U.S. registered Non-Profit Organization, Not-For-Profit Organization, Political Action Committee or other politically oriented entity.

 

FaxCongress reserves the right to change, modify, add, or remove portions of these Terms at any time. You agree to check these Terms periodically for changes. Your continued use of our website following the posting of changes to these Terms, including but not limited to the Privacy Policy and Guidelines, will mean you accept the changes. You represent and warrant to FC that you will fully comply with our Terms and Conditions of Use, Guidelines, and Privacy Policy. If you do not agree with the terms, please do not use the Site. The Terms outline the legal obligations of Company and you, the user, and also outline what you can and cannot do while accessing the Site and Services.

 

Our Privacy Policy and Community Guidelines outline our policy to respect the privacy and enjoyment of users. Please be sure to read our Privacy Policy and Community Guidelines. These are incorporated by reference into the Site’s Terms of Use, which are all incorporated into these Fundraiser guidelines. You agree your are at least 18 years old, a citizen of the United States, and that your contact information is true and shall be kept up to date so we can communicate with you openly and honestly.

 

Fundraisers. In order to become a Fundraiser that enables you to to share in the program briefly described on our “Raise $” page, you will need to apply to be a Fundraiser. To apply, you must be a registered Non-Profit Organization, Not-For-Profit Organization, Political Action Committee or other politically oriented entity.

 

When you apply to be a Fundraiser, we will ask for your first and last name, the company or entity name, telephone number, email address and in some cases, your full address and valid credit card information. This information is confidential, used for administrative purposes, and is not shared with users. You agree to keep all contact information, including your email address, updated and accurate through our “Update Registration” page. If approved, you will have access to additional information and the ability to publish and raise money through Petitons. Note that FC reserves the right in our sole discretion to approve or disapprove any applicant for any reason whatsoever, at any time, and may terminate your Account for any reason.

 

Process. After you inquire to us about allowing your organization to become a fundraiser, we will review your request and consider the information you provided. Once approved by FC for Fundraiser status, we will request you sign and return these guidelines to us, with any public copy of your corporation’s founding documents or bylaws. We will then explain to you our pricing and revenue sharing model. As a Fundraiser, you may access additional reports with limited information about money raised from petitions you create, and donors who sign. Your private “Money Raised” link in your “My Dashboard” within your Account enables you to track your own created petitions and your shared earnings.

 

Email Correspondence and CAN-SPAM. As a Fundraiser, you may be given email addresses and names of users that have agreed to share this information with you (“Validated User”). Once you have contacted a Validated User, you understand and agree that you are to request and receive the proper opt in or consent to continue to email such Validated User outside our Site. FC bears no responsiblility for any communications between you and users, including a Validated User. You agree to comply with the CAN-SPAM Act and the requirement to receive an affirmative opt in to continue to email a Validated User. While we encourage our users to update Account information, we do not make any guarantee that the Validated User information will be accurate or complete. Your use of the Validated User information shall be at your sole risk.

 

Compliance & Privacy. Any activity, including the collection, sharing, or use of personally identifiable data collected under this Agreement, by either Party shall comply with all all federal and state laws, including those of California, Colorado, Delaware and the state in which your company or organization primarily does business. This includes but is not limited to privacy, data collection, and/or data sharing laws. You agree to abide by our Privacy Policy with regard to all emails and other Personal Information provided to you by FC. Please click here to review our Privacy Policy.

 

Submissions/Petitions. You must own, possess the licensed rights, or be the authorized representative of the owner of all information, including but not limited to text, terms, comments, copyrights, descriptive terms or trademarks ("Content") in order to publish, submit, post or transmit this Content, including Petitions (“Submissions”) on or through our Site and Services. For additional information please review our Site’s Terms of Use (and the following clauses therein: DMCA notice, Submissions, and Limited License To Access and View Content.

 

You should not reference any person by a real name, or provide any other personally identifiable information about any person or entity, unless given written consent to do so or such information is legally within the public domain. You should not include any personally identifiable information on any area of our Site unless you want it accessible by users or at times, the public. Any information submitted to us will be deemed NOT CONFIDENTIAL if posted in a public area, or if available for viewing by other users. (Please refer to our Privacy Policy for additional information.)

 

In the event we suspect or have been notified of an alleged copyright issue (i.e. you are not the creator in whole or part), or of a “red flag abuse” issue, including but not limited to your posting of disrespectful or immoral language, or false information, we will remove the Submission, including Petitions, and we may or may not indicate "Submission/Petition Removed." FC bears no responsibility for the Submissions, including Petitions, you upload, transmit, or post through our Site or Services which means you bear sole responsibility for your Submissions/Petitions. We do not actively monitor the contents of messages, or Submissions, and are not responsible for the Content or views expressed therein, and you assume sole responsibility for your Submissions. FC has sole discretion to determine what is acceptable, and may remove links, Content, Submissions, Petitions, or text at any time; although FC is in no way acting as a moderator or editor of Content, or Submissions.

 

Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. You shall not post or transmit any material that (i) violates or infringes in any way upon the rights of others including but not limited to, any intellectual property rights, the right of privacy, or publicity; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, immoral, racial, profane, sexually explicit, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; (iv) is false, inaccurate, misleading, or will result in harm, or injury to person, animal, or property. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Site or Services; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) bypass any security features (including the use of another person's password or user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site. You further agree that you will not use the Site or Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of any kind, unless expressly authorized to do so by FC herein. We reserve the right to refuse service to users for any reason. If your Account has been terminated for any reason, you may not re-register for an Account without our prior written consent. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature or Content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability.

 

Your Copyright and Intellectual Property. You warrant and represent that (a) you are the copyright owner of your Submission/Petition or you have the permission of the copyright owner; (b) you possess the rights necessary to grant the licenses and sublicenses described in these Terms; and (c) your Submission/Petition will not violate the intellectual property rights of any individuals or entities. You acknowledge that FC is not responsible for the accuracy of any Submissions/Petitions. All Submissions/Petitions, whether publicly posted or privately transmitted, are the sole responsibility of the persons from whom such Content originated. This means that you, and not FC, are entirely responsible for all Submissions/Petitions to or through the Site and all information contained within your Account. You are prohibited from posting or submitting any libelous, obscene, defamatory, threatening, immoral, racial, pornographic, or other materials that would violate any laws. However, if such communications do occur, FC will have no liability related to such Submissions. You further acknowledge that we do not pre-screen Submissions for content, but that we have the right in our sole discretion to block or restrict access to or the availability of, or to disable, any Submissions, or Accounts that are available via the Site. Without limiting the foregoing, we may disable or restrict access to or the availability of any Submission that violates these Terms, which is otherwise objectionable, or which we in our sole discretion decide to disable or restrict.

 

License Grant to FC. Unless otherwise specified herein or in our Site’s Terms, we do not claim ownership of your Submissions, including your Petitions. If you properly file a copyright claim, you may retain copyright in the material you submitted. However, by posting, uploading, inputting, providing, or transmitting your Submission you are granting FC and our users permission to use your Submissions in connection with the operation of our businesses, as also stated in our Site’s Terms. You grant us an unrestricted, irrevocable, royalty-free, worldwide license to display, use, modify, perform, reproduce, translate, transmit, and distribute via our Site or Services the information you send FC for the purposes outlined within the context of the Submission, or herein.

 

FC Intellectual Property and Copyright Notice. This site is controlled and operated by FaxCongress. Our proprietary software, and our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, video files, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, patents or other proprietary rights which are either owned by FC or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners.

 

You agree that our Intellectual Property may not be used without the express written permission of FC. This includes but is not limited to using our Site and Services or FaxCongress mark, logo, template, marks, photos, or user Content submitted to our Site, without our prior written approval. You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Site and Services, or is likely to cause consumer confusion. Except as expressly authorized herein, material from the Site and Services may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.

 

Revenue. Please review our fees and earnings information, sent only to approved partner organizations, which you hereby agree to keep confidential. At the end of the month, the total earnings payments associated with your Fundraising for that month (“Earnings”) shall appear in the “Money Raised” section of your Dashboard. Your organization may request payment of your Earnings at any time thereafter. You hereby agree these payments are considered to be sales commissions for your promotion of FaxCongress, and are not ever to be considered as direct payments from users to your organization. FaxCongress is not a bank, and we do not handle your money. You agree that users pay us, not you, and if you earn any commission it comes to your organization from FaxCongress, not from the users, and not on behalf of any users. These Fees and Earnings may change at any time, with notice posted on our Site, and for current Fundraisers, notice sent by email. Delivery of Petitions by FC is made or attempted immediately after publication or payment, if applicable. If payment is not completed, the sales transaction is not complete and FC owes no Earnings to the Fundraisers. If the Fees paid by those sending the Petitions does not exceed our administrative costs, FC owes no Earnings to Fundraisers. Your revenue Earnings will appear in your Earnings page each month, and payment will be made no later than 31 days after the end of a month. If your revenue is less than $50 for sales within a given month, FC reserves the right, at our discretion, to make payment to you at the time your revenue reaches $50, or at the end of the following month. If one calendar year passes before you accrue $50 in revenue, you agree we may waive all payments due, and/or close your inactive account at our discretion. It is your responsibility to keep your contact information updated. If your Account is inactive or terminated and we are unable to contact you, we may also, at our discretion, charge a termination fee equal to the amount of unpaid revenue to cover administrative costs. We do not collect taxes, and it is your responsibility to abide by all tax regulations.

 

Fees. Please see the Site’s Terms for more information. When you use or purchase our Services, as a part of the purchase transaction, you will be asked to disclose your information directly to a third party to fulfill your order or to facilitate the processing of your purchase transaction. PayPal.com processes some purchase transactions. If you would like to update or change your personal information or credit card information on PayPal.com, please contact them directly through their website contact information at www.Paypal.com.

 

Refunds. Because FC must pay administrative fees for the delivery of Petitions, no refunds are provided.

 

DISCLAIMER OF WARRANTIES. THE MATERIALS AND THE INFORMATION, INCLUDING SUBMISSIONS, OFFERED ON AND IN THE SITE OR THROUGH SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FAXCONGRESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SITE AND SERVICES. FAXCONGRESS DOES NOT WARRANT THAT THE SITE, COMPUTER SYSTEMS, SERVICES, OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT FAXCONGRESS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHERMORE, FAXCONGRESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, SUBMISSIONS, OR SERVICES EITHER BY FAXCONGRESS, OR THIRD PARTIES PROVIDERS. AS A SERVICE TO YOU, FAXCONGRESS DOES PROVIDE ACCESS TO THIRD PARTIES AND ASKS THAT YOU REVIEW THEIR COMPANY POLICIES, INCLUDING BUT NOT LIMITED TO THEIR TERMS AND CONDITIONS AND PRIVACY POLICY. YOU AGREE THAT NEITHER FAXCONGRESS, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, NOR THIRD PARTY PROVIDERS, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, SERVICE, INFORMATION, SUBMISSIONS, PETITIONS, OR OPINIONS PROVIDED ON AND THROUGH THE SITE AND SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES, INCLUDING THE SUBMISSIONS/PETITONS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FAXCONGRESS, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND THIRD PARTY PROVIDERS FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE OR ANY SERVICES PROVIDED BY FAXCONGRESS. THE ENTIRE LIABILITY OF FAXCONGRESS, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND THIRD PARTY PROVIDERS, AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. FaxCongress reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with FaxCongress in the defense of any such claim, action, settlement or compromise negotiations, as requested by FaxCongress.

 

GENERAL RELEASE. IT IS THE USER’S SOLE RESPONSIBILITY TO USE GOOD, SOUND JUDGMENT WHEN USING OUR SITE AND SERVICES. YOU, NOT FAXCONGRESS, BEAR FULL AND SOLE RESPONSIBILITY. IF A DISPUTE ARISES BETWEEN YOU AND A USER OR THIRD PARTY, EACH OF YOU RELEASE FC, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS FROM CLAIMS.

 

Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your membership or Fundraiser status, and refuse to provide our Services to you if, within our sole and independent judgment: (a) you breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; (c) you fail to pay any amount due by the due date; or (d) we believe that your actions may cause financial loss or legal liability for you, our users, or FC. We can also terminate this Agreement at any time, with or without cause.

 

Non-Compete. All users who register with our site agree they will not copy or emulate our business model, methods, patterns, techniques, formulas, html, php, code, or otherwise duplicate our copyrighted and patented materials, content, and methods, which actions may violate laws that protect the intellectual property owned, created, or registered by FaxCongress. All users further agree to not start or work for or with a competitive business, self, person, corporation or organization that substantively derives any income by delivering fax petitions to Congress for a period of five years after they register with our site or terminate their registration, whichever is later.

 

Independent Contractors. Nothing in this Agreement shall be construed to create or imply a partnership, agency, or joint venture relationship. You are responsible for any tax liablity you may incur through the use of our Site and Services.

 

Disability or Death of Fundraiser. In the event that you, as a Fundraiser, become unable to continue in the role as a Fundraiser because of a disability or other event, we ask that you or a legal representative contact us so that we may take the appropriate action to protect your Account.

 

Choice of Law and Jurisdictional Issues. These Terms, including but not limited to the Privacy Policy, shall be governed by the laws of the State Colorado, without regard to principles of conflicts of law. You submit to the exclusive personal jurisdiction of the state and federal courts located in El Paso county, Colorado and the U.S. District of Colorado. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

 

Entire Agreement. The Fundraisers' Terms are incorporated by reference into the FC Site’s Terms and Conditions posted on our Site, including the Privacy Policy and Community Guidelines, and as a whole, constitute the entire agreement between you and FC. No waiver or any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of FC.

 

Assignment and Succession. Notwithstanding any other provision of these Terms, FC, its successors and assigns, may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice. You may not assign your responsiblities or benefits under this Agreement unless expressly authorized in writing by FC.

 

Termination. You may cancel your Fundraiser membership at any time by emailing us at (affiliates at faxcongress dot com) and then providing written notice to the postal address below. Your Account cancellation will take effect within thirty (30) days from the date of receipt of written cancellation. Upon cancellation or termination of your Account, the Terms will remain in effect and legally binding, without limitation. Petitions may be archived for legal purposes only.

 

Notice. Unless otherwise indicated, please direct notices to FaxCongress, P.O. Box 77077, Colorado Springs, CO 80970.

 

No Commercial Use. You understand and agree that this Site and Services are not intended, and shall not be used for commercial purposes of any sort, without previous written approval by FC, and only as an approved Fundraiser. If you have any questions, please email us at (affiliates at faxcongress dot com).

 

These Fundraisers' Terms and Conditions of Use, the Site's Term and Conditions, including the Privacy Policy and Community Guidelines referenced herein, can change at any time without notice. If a significant change is made to the Terms of Use, you will be notified by email no less than thirty (30) days prior to the change. It is your responsibility to review these Terms which are available at www.FaxCongress.com.

 

On behalf of my organization and in my personal capacity, by clicking “I agree” you consent to abide by the above terms.

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