Ziggby Fundraising Program Agreement

This Ziggby Fundraising Program Agreement is in addition to the Terms and Conditions, which are incorporated by reference, and is a legal agreement between you and Ziggby Group, LLC (“Ziggby”).  All terms not defined in this Ziggby Fundraising Program Agreement are as defined in the Ziggby Terms and Conditions.

This Ziggby Fundraising Agreement ("Fundraising Agreement") contains the terms and conditions that govern your participation in the Ziggby Fundraising Program described herein (the "Fundraising Program"). The terms “Ziggby," "we," "us," or "our" refer to Ziggby Group, LLC, and “organization," "you," or "your" refer to the charitable organization, entity, or individual that is participating or seeking to participate in the Fundraising Program. In this agreement, "Ziggby" refers to the websites ziggby.com and shop.ziggby.com (collectively, the "Sites," each the “Site”).  

 

By creating a fundraiser account on the ziggby.com website, or otherwise participating or looking to participate in the Fundraising Program, you agree to these conditions. Please read them carefully.

 

  1. Program Description

The purpose of the Fundraising Program is to allow individuals, entities, or non-profit organizations (referred to as “Organizers”) to post a fundraising campaign (referred to as “Fundraiser”) on the platform to receive contributions directly or on behalf of the intended recipient of the Fundraiser (the “Beneficiary”) from Ziggby Group, LLC, when contributors (referred to as “Supporters”) make Qualifying Purchases (defined below in Section 3).

 

  1. Registration

Registering for the Fundraising Program means that you accept this Fundraising Program Agreement without any modifications, complete the online registration form with accurate information, provide all required information to identify you, and provide valid bank account information to link your account to Stripe as described in Section 5.  Ziggby reserves the right to reject or suspend your account registration if the submitted information is inaccurate, including the false representation of the representative and bank account information. If your account registration is accepted, you will be a “Registered Fundraiser” for as long as all the information provided during registration, including bank account information described in Section 4, remains complete and current, this Fundraising Program Agreement remains in effect, and you continue to be a Registered Fundraiser. You agree that all information provided to us, including your Fundraiser Program registration information, bank account information, email address, mailing address, and other contact information, is accurate and kept up-to-date, and that failure to keep such information up to date may result in not being able to receive any contribution payouts from the Fundraiser Program or no longer being a Registered Fundraiser.

By agreeing to this Fundraising Program Agreement, you authorize us to send any notifications or other communications related to the Fundraising Program to the email address associated with your account. These notifications and communications will be considered received even if the email address is not current. This permission allows us to keep you informed about the Fundraising Program and any related information.

 

  1. Qualifying Purchases

Contributions will be made from Qualifying Purchases to you in accordance with Section 4. A “Qualifying Purchase” occurs when a supporter places an order from his or her shopping cart on Ziggby; (b) at such time, the supporter has registered for and maintains an active account; (c) that supporter has selected to support your Fundraiser to benefit from purchases the supporter makes on Ziggby; and (d) the product is shipped to, or picked up and paid for by the supporter.

A “Product” is any item sold on Ziggby.

Qualifying Purchases shall exclude any of the following and will not be eligible for contribution payouts:

  • any Product purchased in connection with a violation of this Fundraising Program Agreement or following the termination of this Fundraising Program Agreement.
  • any product that is returned or canceled

 

  1. Contributions

Contributions paid out to Registered Fundraisers are based solely on Qualifying Purchases that have been shipped or picked up and have not been returned. To account for Product returns, contributions are calculated based on Qualifying Purchases made in the last 30 days. Contributions for returned Products will be debited from the earnings. Contribution payouts may take up to 10 business days to be processed. If it is determined that we have made an overpayment in contributions as a result of returns or cancellations, or if we determine that you received contributions that you were not entitled to, we reserve the right, in our sole discretion, to (a) deduct the overpayment amount from any future payments and/or (b) request in writing a reimbursement for any incorrect amounts paid to you, in which case you hereby agree to reimburse us for such overpayments within 30 days of such request. You hereby acknowledge and agree that we are not responsible for or obligated to provide any reports of supporter names, Qualifying Purchases or contributions earned.

 

We may attribute or credit contributions to your fundraiser based on certain criteria. However, if we determine that you are no longer a Registered Fundraiser or that you or anyone acting on your behalf has violated any terms or conditions of this Fundraiser Program Agreement (including failing to qualify as a Registered Fundraiser), we reserve the right to redirect any contributions that would have been made to you to one or more other Registered Fundraisers instead.

 

We will deposit contributions directly to a designated US bank account for Registered Fundraisers. However, we reserve the right to hold onto contributions until the total amount for a fundraiser reaches at least $50.00, at which point the accumulated contributions will be paid in full during the next payout period. We will not retain contributions under $50.00 for a fundraiser for more than one year. We reserve the right after each calendar quarter to (after a reasonable expiration period has passed as determined by our discretion, not to exceed 1 year total), to reallocate and disburse such withheld contributions to other Registered Fundraisers.



In order to participate in this Fundraiser Program, you must connect your bank account to Stripe (our payment processing partner) and provide accurate and complete information about your bank account, including the account type, routing number, account number, and primary account holder's name as it appears on the account. If you do not provide this information, if the information is invalid, or if your bank rejects a contribution payout, your registration in the Fundraising Program may be suspended or revoked. This means you will no longer be able to participate in the Program and will not receive any contributions. To regain your eligibility to receive contributions, you must provide valid account information and meet the requirements to become a Registered Fundraiser.

 

If we are legally required to obtain tax information from you, you agree to provide us with the requested information.  If the requested tax information is not provided, we reserve the right to withhold any contributions until you do so or until we determine that you are not required to provide such information.

You agree that we may publicly disclose, or allow others to publicly disclose, the total amount of contributions made to you through the Fundraising Program, either individually or in combination with other fundraisers. These disclosures may be made through government filings, press releases, interviews, or other public statements.  You also agree that you will not make any public statements about this Ziggby Fundraising Program Agreement, your use of the Content, or your participation in the Fundraising Program.

 

  1. Fundraising Program Policies

 

By joining the Fundraising Program, you agree to follow all of the rules and guidelines outlined in the Fundraising Program Policies, including any additional documents or materials referenced in the Fundraising Program Agreement. This includes policies and regulations on the Fundraiser Page, as well as the Fundraising Program Guidelines (collectively, Fundraising Documentation”). 

 

You are only allowed to promote or link to the Fundraiser Page on your own website, social media accounts or pages, offline mailings, or email correspondence and can only use the Ziggby Graphics, links, or other content provided by the program (collectively, “Shared Content” in accordance with the Fundraising Program Policies and Content Regulations.

 

  1. Your Site Responsibility and Actions

 

You will be fully accountable for your website, organization, entity, and any actions taken by you or on your behalf, including the creation, management, distribution, and maintenance of your site, compliance with all relevant laws and regulations, and ensuring that any contributions received are used appropriately. You will also be responsible for ensuring the accuracy and appropriateness of materials posted on your site, and not infringing on any rights or intellectual property. You will also have to ensure that you are authorized to enter into this agreement and that you do not violate any terms of it. Ziggby and its affiliates will not be held liable for these matters, and you agree to protect and indemnify them from any claims, damages, losses, or expenses resulting from these matters. Additionally, you will be responsible for any communications sent in connection with the program, and must comply with laws such as the CAN-SPAM Act of 2003.



  1. Public Communication

 

By using the website, you acknowledge and agree that we or others may publicly disclose the amount of contributions provided to you (individually and/or collectively with other fundraisers) in connection with the program through a government filing, press release, interview, or any other public statement. Such disclosures shall not link contribution amounts to any specific supporter. You shall not release any press statements or make any other public communication regarding this terms and conditions, your use of the content, or your participation in the program.



  1. Term and Termination

 

The duration of this Fundraising Program Agreement commences upon its acceptance and shall conclude upon termination by either party. Either party may elect to terminate this Fundraising Program Agreement at any time, with or without cause, by providing written notice of termination to the other party. The notice of termination from the participant shall take the form of a written request to be removed from the program, submitted through the contact us form on the Site, while notice from us shall be sent to the email address associated with your Program account. We reserve the right to terminate the Fundraising Program at any time, at our sole discretion. Upon termination of this Fundraising Program Agreement and/or the Program, all obligations and rights of the parties shall be extinguished, except for those specified in sections 2, 5, 7, 8, 10, 11, 12, 13, and 14, and under the Fundraising Program Content Regulations, which shall survive the termination of this Fundraising Program Agreement. No rights or obligations regarding unpaid contribution obligations shall survive termination, and any such amounts shall be allocated and paid to other Registered Fundraisers in accordance with Section 4. The termination of this Fundraising Program Agreement shall not relieve either party of any liability for any breach or liability accruing under the Fundraising Program Agreement prior to the termination.

 

  1. Modification

 

We reserve the right to alter any of the terms and conditions outlined in the Fundraising Program Agreement at any time, in our sole discretion. Notification of any changes will be made by posting a change notice, revised agreement, or revised Fundraising Documentation on our website or by sending notice of the modification to you via email to the email address currently associated with your account. Any changes will become effective on the date specified in the notice, which will not be less than two business days after the date of the notice. Your continued use of the website following the effective date of such notice will constitute acceptance of the modifications. If any modification is unacceptable to you, your sole remedy is to stop using our website. Your continued use of the website following the effective date of any modification, whether by way of posting a change notice, revised terms, or revised Fundraising Documentation on our website or the effective date specified in any email sent to you regarding such modification, will constitute your binding acceptance of the change.

 

  1. Relationship of Parties

 

By using this website, you and we are considered as independent contractors and no partnership, joint venture, agency, franchise, sales representative, or employment relationship is created between us and our respective affiliates. You have no authority to make or accept any offers or representations on our or our affiliates' behalf. You shall not make any statement, whether on your website or otherwise, that contradicts or may contradict anything in this section of the terms and conditions. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of these terms and conditions, you will be held responsible for the actions taken.

 

  1. Limitation of Liability

 

NONE OF US, ZIGGBY, OR THEIR AFFILIATES AND LICENSORS WILL BE HELD RESPONSIBLE FOR INDIRECT, ACCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (SUCH AS LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA) THAT MAY ARISE IN CONNECTION WITH THIS FUNDRAISING AGREEMENT OR THE ZIGGBY SERVICES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF THESE DAMAGES. ADDITIONALLY, THE TOTAL LIABILITY FOR US, ZIGGBY, AND THEIR AFFILIATES AND LICENSORS RELATED TO THIS FUNDRAISING AGREEMENT, THE FUNDRAISING PROGRAM, ZIGGBY, AND THE SERVICE OFFERINGS WILL NOT EXCEED $50.

 

  1. Disclaimer

 

THE SITES, ZIGGBY FUNDRAISING PROGRAM, ANY PRODUCTS AND SERVICES OFFERED ON OR THROUGH ZIGGBY, ANY CONTENT, THE ZIGGBY.COM AND SHOP.ZIGGBY.COM DOMAIN NAMES, TRADEMARKS AND LOGOS OF OURS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US IN CONNECTION WITH THE PROGRAM (COLLECTIVELY “ THE “ZIGGBY SERVICES”) ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE ZIGGBY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ZIGGBY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.



  1. Dispute Resolution

 

ANY CONFLICTS OR DISAGREEMENTS RELATED TO THE FUNDRAISING PROGRAM OR THIS FUNDRAISING AGREEMENT WILL BE SOLVED THROUGH BINDING ARBITRATION INSTEAD OF GOING TO COURT, BUT YOU ARE ALLOWED TO FILE CLAIMS IN SMALL CLAIMS COURT IF THEY MEET THE REQUIREMENTS. THE FEDERAL ARBITRATION ACT, FEDERAL ARBITRATION LAW, AND LAWS OF THE STATE OF MICHIGAN WILL APPLY AND GOVERN ANY DISPUTES THAT MAY ARISE BETWEEN YOU AND US. THERE IS NO JURY OR JUDGE IN ARBITRATION, AND THE COURT'S REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, THE ARBITRATOR CAN STILL PROVIDE THE SAME DAMAGES AND RELIEF AS A COURT, SUCH AS INJUNCTIVE OR DECLARATORY RELIEF OR STATUTORY DAMAGES, AND MUST FOLLOW THE PROVISIONS OUTLINED IN THIS FUNDRAISING AGREEMENT AS A COURT WOULD.

 

THE ARBITRATION WILL BE HANDLED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) ACCORDING TO ITS RULES AND THE AAA'S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. INFORMATION ON THE AAA'S RULES CAN BE FOUND AT WWW.ADR.ORG. PAYMENT FOR FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES. IF THE CLAIMS AMOUNT TO LESS THAN $5,000, WE WILL COVER THOSE FEES, UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE BASELESS. SIMILARLY, WE WILL NOT SEEK PAYMENT FOR ATTORNEY FEES AND COSTS UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE BASELESS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY PHONE, BASED ON WRITTEN SUBMISSIONS, OR IN PERSON IN YOUR COUNTY OF RESIDENCE OR AT A MUTUALLY AGREED LOCATION.

 

BOTH PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL ONLY TAKE PLACE ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM IS PURSUED IN COURT INSTEAD OF ARBITRATION, BOTH PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL. BOTH PARTIES ALSO AGREE THAT EITHER PARTY MAY BRING A LAWSUIT IN COURT TO STOP INFRINGEMENT OR MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

DESPITE ANYTHING STATED IN THIS FUNDRAISING AGREEMENT, WE RESERVE THE RIGHT TO SEEK INJUNCTIVE OR OTHER RELIEF IN ANY STATE, FEDERAL, OR NATIONAL COURT OF COMPETENT JURISDICTION IF WE SUSPECT ANY INFRINGEMENT OR MISUSE OF OUR OR ANY OTHER PERSON OR ENTITY'S INTELLECTUAL PROPERTY RIGHTS. YOU ACKNOWLEDGE AND AGREE THAT OUR RIGHTS IN THE CONTENT ARE UNIQUE AND OF EXCEPTIONAL VALUE, MAKING THEM DIFFICULT TO ESTIMATE THE LOSS OF OR COMPENSATE FOR WITH MONETARY DAMAGES.




  1. Miscellaneous

 

By agreeing to this Fundraising Agreement, you give us permission to send you emails regarding the Fundraising Program periodically. You are not allowed to transfer this Fundraising Agreement without our written approval. This Fundraising Agreement will be binding for all parties involved, including their successors and assigns, except if we do not enforce one of its provisions. Our lack of enforcement will not prevent us from later enforcing that provision or any other part of the agreement. We may choose to make contributions that go beyond the minimum requirements stated in this agreement, but this does not guarantee that you will receive additional contributions in the future. In case of a conflict between this Fundraising Agreement and the Fundraising Documentation, this Fundraising Agreement will take precedence. Ziggby, its affiliates, and licensors are considered third-party beneficiaries of this Fundraising Agreement. However, no other entity will have any right or interest in this agreement except for you and us. This Fundraising Agreement includes and you agree to follow the most recent version of the Fundraising Documentation, including any updates made. The terms "include(s)," "including," and "for example" are used to mean "include(s), without limitation," "including, without limitation," and "for example, without limitation," respectively. All decisions, updates, and approvals made by us under this Fundraising Agreement will be made at our sole discretion. Any confidential information provided by us in connection with this Fundraising Agreement or the Fundraising Program must be kept confidential and not disclosed to any third party (other than your affiliates) or used for any purpose other than to fulfill this agreement. This Fundraising Agreement, including the Fundraising Documentation, is the complete agreement between you and us and supersedes all prior agreements and discussions.