Giving Bean is dedicated to helping Organizations raise funds through the sale of its products in the face-to-face order form, as well as in its online store through the use of its Partner Program. In short, our Partner Program accumulates donations that are included as part of the purchase price of our products, and then quarterly disburses them to fundraising organizations as donations from constituents (buyers of the products). We love what we do and look forward to helping you raise funds in this fresh new way. Here is the long version:
Partner Program Terms and Conditions
Giving Bean reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Giving Bean Web Site. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Partner Program. Your continued participation in the Partner Program following posting of a change notice or new agreement on the Giving Bean Web Site will constitute binding acceptance of the changes.
1. General Rules
2. Becoming a Giving Bean Partner
2.1 Eligibility. Giving Bean will only knowingly provide the Partner Program to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may participate in the Partner Program only under the supervision and consent of a parent or legal guardian who agrees to be bound by this Agreement.
2.2 Opening an Account. To become a Partner and have the right to participate in the Partner Program, you must enroll in the Partner Program by registering a Partner account ("Account") with Giving Bean through its online registration process.
2.3 Contact Information. You must provide Giving Bean with accurate and complete contact and payment information when you open an Account. You must immediately notify Giving Bean if any of your contact or payment information changes.
2.4 Account Security. You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify Giving Bean immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Giving Bean immediately if you become aware of any other breach or attempted breach of the security of your Account or the Giving Bean Service.
3. Your Obligations
3.1 You must use the Partner Program in a manner that demonstrates common sense and respect for the rights of Giving Bean and third parties. You must comply with the Partner Guidelines and any other applicable guidelines set forth in the Giving Bean Content Usage Policy.
3.2 Special Links. As a member of the Partner Program, Giving Bean will provide you with special "tagged" link formats ("Special Link(s)") to be used in linking to the Giving Bean Web Site. The Special Links will permit tracking, reporting, and donation calculations. You must ensure that each of these links properly utilize the Special Link formats. Donations to your organization will occur on sales at the Giving Bean Web Site if such activity was originated from properly formatted Special Links or if your organization is chosen by the customer upon placing an order. Giving Bean will not be liable to you for any failure of customers to choose the intended organization at checkout. Donations will be provided to the organization chosen regardless of intent.
3.3 Use of Special Links. Giving Bean will provide you with the Special Links and graphical artwork to use in linking to the Giving Bean Web Site. You must use the Special Links in accordance with the terms and conditions in this Agreement and the Partner Guidelines. The Special Links will include, without limitation, one or more of the following types of links to the Giving Bean Web Site:
(a) Banner Links
(b) General Link to Giving Bean Home Page
(c) Product Links
4. Customers Purchasing Via the Giving Bean Partner Program – All purchases require the choice of a donation. There is no way to complete a purchase without donating to an organization.
4.1 Order Processing and Reporting. Giving Bean will process all product orders placed by customers who follow Special Links to the Giving Bean Web Site ("Customers") and confirm or choose a partner at checkout. Giving Bean reserves the right to reject orders that do not comply with any requirements that Giving Bean has and may periodically establish. Giving Bean will be responsible for all aspects of order processing and fulfillment. Among other things, Giving Bean will prepare order forms, process payments and handle customer service. Giving Bean will track sales made to Customers who purchase products and choose your partner organization during checkout. We will make available to you reports summarizing sales activity and donations to your organization. Giving Bean will use commercially reasonable efforts to present accurate information in the reports, but Giving Bean cannot guarantee the accuracy of the reports.
4.2 Customers. Customers who buy products through Giving Bean will be deemed to be customers of Giving Bean. Accordingly, all of the Giving Bean rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. Giving Bean may change the Giving Bean policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your web site if advertising a specific product. Giving Bean will use commercially reasonable efforts to present accurate information, but Giving Bean cannot guarantee the availability or price of any particular product.
5. Partner Donation Reporting.
5.1 Partner Organization donations. Giving Bean will pay to your organization, donations from purchases in accordance with this Agreement and the Giving Bean Donation Schedule ("Donations"). The Partner Donation Schedule is incorporated herein by this reference. Giving Bean Partners can raise funds from the following types of transactions:
(a) Giving Bean will pay you donations on product sales in which your organization has been selected as the Partner Organization in Checkout in accordance with the then current Partner Donation Schedule.
5.2 Payment of Donations
(a) Tax Information. Payments are made to partners as donations, as partners are required to be offical non-profits or not-for profit orgainzations. We request each non-profit organization provide a federal tax ID number as required by the IRS for our records.
(b) Payment Terms. Giving Bean will pay your donations on a quarterly basis. Best efforts will be made to send you a check for the donations earned for the quarter within (30) days following the end of each quarter, however, if the donations payable to you for any quarter are less than $50.00, Giving Bean will hold your Donations until the total amount due is at least $50.00 or until this Agreement is terminated.
(d) Processing Fees. If Giving Bean owes you accrued donations that are less than $25.00 for at least 365 days, then Giving Bean may send you payment of such accrued Donations minus a $10 processing fee. If the amount of accrued Donations is under $10 for at least 365 days, such amount may be used to cover Giving Bean's administrative costs and no payment will be made to you.
(e) Termination Fees. If you or Giving Bean terminate your Account, and you have less than $50 in accrued but unpaid Donations then outstanding, Giving Bean may charge you a $10 processing fee when sending you your final payment to cover its administrative costs.
6. Identifying Yourself As A Giving Bean Partner.
6.1 Logo. Giving Bean will make available to you a small graphic image that identifies you as a Giving Bean Partner Program participant. You must display this logo or the phrase "In affiliation with Giving Bean" somewhere on your web site or web space. Giving Bean may modify the text or graphic image of this notice from time to time. In addition, Giving Bean encourages (but does not require) you to include a Special Link on your web site to the Giving Bean home page at http://www.Giving Bean.
6.2 All other Communications. Except as provided for in the Partner Guidelines, you may not make any press release with respect to this Agreement or your participation in the Partner Program without Giving Bean's prior written consent, which may be given or withheld in its sole discretion.
7. Limited Licenses.
7.1 Giving Bean License to You of Logo and Links. Giving Bean grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by Giving Bean, for use on your web site or web space, solely for the purpose of identifying your web site or web space as a Partner Program participant and to assist in generating Donations. In addition, Giving Bean grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your web site or web space to the Giving Bean Web Site and promoting the sale of products on the Giving Bean Web Site. All product images must be served by the Giving Bean Web Site and cannot be used in any form other than the form provided by Giving Bean. You may not modify the graphic images or text, or any other of the Giving Bean images, in any way. Giving Bean may revoke your license at any time by giving you written notice. Giving Bean reserves all of its rights in the graphic images, text, any other images, Giving Bean trade names and trademarks, and all other intellectual property rights. Any and all rights in and to Giving Bean's intellectual property shall inure to the benefit of Giving Bean.
As you are bound by the Terms of Service in using the Partner Program, you must indemnify, defend and hold Giving Bean harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Service in using the Partner Program in accordance with Section 9 of the Terms of Service. You must also indemnify, defend, and hold Giving Bean harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that Giving Bean's use of any images provided via your web site or web space infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b) any claim related to your web site, including, without limitation, content therein not attributable to Giving Bean. Giving Bean may withhold any payments it owes you if you have to indemnify Giving Bean.
9. Term and Termination.
9.1 Term. The term of this Agreement will begin upon Giving Bean's acceptance of your Partner Program application and will end when terminated by either party.
9.2 Giving Bean Termination. In its sole discretion, with or without notice to you, Giving Bean may terminate your participation in the Partner Program and terminate your Account. If Giving Bean determines, in its sole discretion, that you are abusing the system, the Giving Bean Service and/or the Giving Bean Partner Program, Giving Bean may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any payments payable to you.
9.3 Your Termination. You may terminate your Account for any reason at any time by visiting the "Close Account" page within the members area (Your Account > Account Login Info > Close Account).
9.4 Effect of Termination. Donations accumulated during the term of the Agreement, and through the date of termination will remain payable only if the related orders are not canceled or returned. Giving Bean may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site, all links to the Giving Bean Web Site, product images from the Giving Bean database, all Giving Bean trademarks, trade dress and logos, all Special Links, and all other materials provided by or on behalf of Giving Bean to you pursuant hereto or in connection with the Partner Program.