Terms and Conditions of Fundraising Program
This agreement describes the entire terms and conditions for participation in the Loopster Fundraising Program. In this agreement, the term “Participant” refers to you (the applicant). Wherever the agreement refers to “you” or “your”, it means “the Participant”; “we” or “our” refers to Loopdy and the terms “sale” or “sales” refers to purchase of Loopdy galleries by third-parties referred to as “sponsors”.
Donation on Qualifying Sales: You will be assigned a promotional Loopster code to be used during the sign-up process of potential sponsors. Galleries sold with your promotional Loopster Code qualify to earn you donations and will be considered “qualifying sales”. Any sign-ups where your Loopster code was not used during the sign-up process will not be considered qualifying sales.
Donation Amount: The amount donated to the Participant for each Loopdy gallery sign-up is dependent upon the price charged the sponsor and whether it is a qualifying sale. Although Loopdy’s retail price is as listed on http://www.loopdy.com/join/, the Participant may choose retail prices with variable one-time set-up fees. This variable set-up fee must be greater than or equal to Loopdy’s hardware and support costs associated with that set-up. The most up-to-date hardware and support costs will be provided to the Participant after the Participant fills out the Become a Loopster form on the Loopdy website. Loopdy will donate 100% of all collected one-time set-up fees surpassing the hardware and support costs.
Monthly donations consist of 21.6% of the total monthly fee listed in http://www.loopdy.com/join/, and are contributed for as long as the sponsor maintains an active Loopdy account, for the life of that account. The monthly fee is set at the web address listed in the previous sentence and may not be altered for sales by the Participant.
Donation Payment: Loopdy will hold contribution fees until specified quarter-year dates communicated to the Participant or until the termination of this agreement (either by Loopdy or by the Participant) at which time Loopdy will send a Contribution check for the withstanding donations within approximately 30 days after termination.
Contributions:
Cancellations: If a contribution qualifying sale is canceled by the sponsor, the donation for that month and thereafter will not be paid. There are no partial or prorated Donation Payments.
All of the rules, operating procedures and policies of Loopdy regarding sponsor sign-ups will apply to sales we receive where your promotional code has been used. Loopdy reserves the right to reject any order that does not comply with our rules, operating procedures and policies.
Sales: Loopdy will be solely responsible for sales made to customers which comply with our rules, operating procedures and policies. The Participant will be solely responsible for ensuring that promotional Loopster codes are used properly.
Promotional Techniques: You are free to promote Loopdy from your website, banners, text links, letters of recommendation to newsletters subscribers or your client base, in email to “opt-in” lists or as part of signature in normal e-mail correspondence, in print ads, articles, newsletters, flyers and any way you desire with two exceptions:
No SPAM: Basically, SPAM is the practice of sending mass email to individuals with which you do not currently have a relationship and who have not agreed to receive the message.
No Adult, Violence or Hate Material: We do not want our name and/or service associated with material that promotes pornography, violence or hate of any type at any time – ever.
If Loopdy receives complaints or learns that you are in violation of these two rules, your status with us and this agreement will be terminated immediately as well as all future sponsor fees.
References/Testimonials: You agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website.
Copyrighted material: As the Participant, you are solely responsible for ensuring that your reviews, products descriptions and articles obey all applicable copyright and other laws. You must have express permission to use another party’s copyrighted material. Loopdy will not be responsible if you use another party’s copyrighted material in violation of the law.
Loopdy policy applies to all sales: Every sponsor who signs up through this program is deemed to be a customer of Loopdy. The Participant does not have the authority to make or accept any offer on behalf of Loopdy. All Loopdy policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. Loopdy is not responsible for any representations made by the Participant which contradict our policies.
Product prices: The set-up price charged for Loopdy Galleries sold under this program will be determined by the Participant within the range provided by Loopdy according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on Loopdy’s sign-up webpage.
Website service interruption: Loopdy will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold Loopdy liable for any of the consequences of such interruptions.
Trademarks, Trade Names, & Patents: You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these services. We grant you the right to our Trademarks and Trade Names in connection with marketing and sales of these services.
Term of the Agreement: The Participant may receive contributions on qualifying sales that are placed during the term of this agreement. This term will begin on the date that your application is approved by Loopdy and shall end when canceled by either party.
The agreement may be modified: Loopdy reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website at http://www.loopdy.com/join/loopster-operating-agreement/ .
Cancellation of this agreement: Either Loopdy or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.
Dispute Resolution: The parties to this Agreement shall first try to come to a settlement of any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof. If the parties fail to settle any such matter, such matter shall be finally settled in accordance with the Commercial Rules of Arbitration of the American Arbitration Association in effect at the time, and judgment upon the award rendered may be entered in any court of competent jurisdiction. Arbitration proceedings shall be conducted in Houston, TX. The non-prevailing party shall be responsible for the expense of arbitration. The parties agree not to institute any litigation or proceedings against either other in connection with this Agreement.
Warranty Disclaimer:
Loopdy makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in Loopdy’s then current sales policies, any products sold or services rendered thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
Limitation of Damages: Loopdy shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if Loopdy has been advised of the possibility of such damages. Further, Loopdy’s aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total contributions paid or payable by Loopdy to Participant under this agreement.
Miscellaneous: Participant and Loopdy are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Loopdy. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.
Governing Law: This agreement shall be governed by the laws of the United States without reference to its choice of law principles.
By submitting an application for Fundraising Status with Loopdy, you accept and are bound by the terms, conditions and rules of this program.
