a project of Special Kids Fund, Inc. promoting charitable giving.
EIN 58-2550249 - www.specialkidsfund.org
The following is a binding agreement (the "Agreement") between you, the charitable
organization, (hereinafter, "You") and Special Kids Fund, Inc. and/or CharityChoice-Charity Gift Certificates
(hereinafter, collectively, "CCGC"). By accepting contributions made
through SKF, You hereby agree to all of the terms and conditions set forth in this
Agreement. If You do not accept these terms and conditions in their entirety, please
notify CCGC and we will remove your organization from our list.
You represent and warrant to CCGC that at all times during the term of this Agreement
(a) You are recognized by the Internal Revenue Service ("IRS") as exempt from federal
income tax under Internal Revenue Code Section 501(c)(3); (b) You have public charity
status under Section 509 of the Internal Revenue Code; (c) You will utilize all
donations received from CCGC in accordance with such tax exempt status; and (d) your
website does not and will not violate any restrictions imposed by applicable law
on Internal Revenue Code Section 501(c)(3) entities. You further represent and warrant
that you have complied with any and all obligations to register, and that you have
fully complied with and will bear the costs associated with, any and all applicable
state and local statutes governing the solicitation of charitable gifts, including,
without limitation, fulfilling any registration requirements thereof. You further
represent and warrant that you shall promptly notify CCGC of any change in your tax
exempt status and any inquiry by the IRS or any state of local agency regarding
the matters set forth above.
You hereby grant CCGC the express authority to collect donations on your behalf.
Donations are made directly to SKF, to be allocated on a quarterly basis to the chosen charity.
You further expressly consent to the use by CCGC of your organization's name, logo
and description as well as any publicly available information relating to your organization
in connection SKF's efforts to collect charitable donations on your behalf. SKF's
efforts to collect charitable donations on your behalf may include, but are not
necessarily limited to, the use of Your name, logo, description and information
on SKF's Site as well as in advertising or promotional material. You further
expressly permit CCGC to frame and hyperlink to your website.
You recognize and understand that the decision to select charitable organizations
for possible donations by CCGC donors and recipients is at the sole discretion of
the Board of Directors of CCGC and is subject to change at any time without notice,
cause or appeal.
Should you wish to be removed from the CCGC charity list for any reason, please email
CCGC at RemoveListing@charitygiftcertificates.org.
CCGC will pass on all donations, in the form of an allocation from SKF,
to the designated charity with the deduction of $0.50/card
and a 8% administrative fee (comprised of 5% + 3% credit card processing – used
towards management of the fundraising program, with the remainder to benefit special
needs children) Note: In some cases, a larger administrative fee
may be required; depending upon how the card is purchased and the
costs involved, e.g., marketing costs, affiliate marketing, etc. Purchases made by visiting our website
directly are in the 8% fee category.
Donation of merchant gift cards are subject to a 10% admin fee or 5% if submitted via a charity’s branded page.
Allocations are sent in one bulk check to the
charities following each fiscal quarter, usually within 4-6 weeks. Per IRS indication it is not technically
the obligation of CCGC to honor the designee's request, as all control over the funds is relinquished
concurrent with the original donation. Only checks above $10, for a quarter, will be issued. CCGC does not take
responsibility for uncashed checks, nor checks sent to the wrong address.
It is the responsibility of the charity to login to their account, to make any changes in the mailing
address as well as any other changes to their account. Address changes must be made prior to the
expiration of the old address. Funds from uncashed and returned checks will revert to the CCGC
general fund after 6 months.
Only checks above $10, for a quarter, will be issued.
You hereby agree to indemnify and hold harmless CCGC from and against any loss or
liability of any kind, including, but not limited to, fees and costs incurred in
defense thereof, which may arise or result from the following, without limitation:
the material breach or inaccuracy of any covenant, duty, representation or warranty
set forth above. Your obligation to indemnify CCGC shall survive the termination
of this Agreement.
Under no circumstances shall CCGC be liable to any other party for any direct, indirect,
incidental, consequential, special, exemplary or punitive damages, including, without
limitation, lost profits, business interruption, and lost data arising in connection
with any action arising under this agreement even if a party has been advised of
the possibility of collecting such damages. If you are dissatisfied with any SKF
material, or with any of SKF's terms and conditions, your sole and exclusive remedy
is to request in writing that your charity be removed from charities available to
CCGC donors and recipients. Such requests can be emailed to the following address
Disclaimer of Warranties
To the fullest extent permissible pursuant to applicable law, CCGC makes no and expressly
disclaims all warranties, express or implied, including, but not limited to, the
CCGC giving system and any other service, content, tools or related documents or
materials (in electronic form or otherwise) provided hereunder, including, without
limitation, any implied warranties of merchantability and fitness for a particular
purpose or non-infringement and implied warranties arising from a course of dealing
or course of performance.
You agree to defend, indemnify and hold harmless SKF, its parents, subsidiaries
and affiliates and its respective officers, directors, agents, distributors, franchisees
and employees against any loss, damage, expense, or cost, including reasonable attorney
fees (including allocated costs for in-house legal services) arising out of any
claim, demand, action, suit, investigations, arbitration or other proceeding by
a third party based on: (1) your material breach or inaccuracy of any covenant,
duty, representation, or warranty of this Agreement; (2) materials contained on
your website (including any allegation that such materials infringe a third party's
intellectual property or other proprietary rights). and (3) any other aspect of
your activities or your website and/or the content thereon.
CCGC takes the privacy of our donors and gift recipients seriously. All personal
information relating to donors or gift recipients shall remain confidential and
all gifts are made anonymously except when the donor or gift recipient expressly
consents to such disclosure or if it is required prior to entering a custom redemption landing page.
Although You and CCGC intend for the foregoing Agreement to be binding, You agree
to sign the Agreement hereof if requested by SKF. By applying and/or accepting contributions made
through SKF, You are agreeing to all of the terms and conditions contained herein.
If you do not accept these terms and conditions, please email CCGC at RemoveListing@charitygiftcertificates.org
and CCGC will remove your organization from SKF's network.