THIS Commercial Fundraiser Agreement ("Agreement") is entered into on 27 December 2024
Between
(1) PARTY_1_NAME a nonprofit corporation whose principal place of business is at PARTY_1_ADDRESS_SINGLE_LINE (the "Client")
(2) PARTY_2_NAME whose principal place of business is at PARTY_2_ADDRESS_SINGLE_LINE (the "Contractor").
Whereas
(A) Client is a tax-exempt charitable organization under the applicable laws.
(B) Contractor is an independent entity engaged in the business of fundraising for nonprofit corporations.
(C) Client wishes to engage Contractor for fundraising services, and Contractor wishes to provide such services, on the basis set out in this Agreement.
(D) This Agreement is intended to be and is a written contract between a commercial fundraiser and a charitable organization governed by the applicable laws of JURISDICTION_STATE
(E) This Agreement contains an exhibit that is Exhibit A and referred to as the "Plan," setting out the specifics of the arrangement, including the timeframe, charitable purpose, activities and services, budget and reporting requirements, fee computation and expenses, insurance requirements, and contact persons. The second exhibit, attached as Exhibit B, is a form to be used to document any adjustments in the Plan as provided by Section 1.4 of this Agreement. The third exhibit, attached as Exhibit C, is an exhibit identifying Client trademarks that may be used in connection with the relationship as provided by Section 4.
It Is Agreed as follows:
1. Basic Agreement
1.1 Services
Contractor will provide fundraising services ("Services") as specified in this Agreement.
1.2 Timeframe
, and in line with policy, brand, and reputational considerations, Client will retain control and approval over the content and frequency of all solicitation and sales activities of Contractor on behalf of Client. Client may monitor such activities and direct or limit them as Client determines in its sole discretion. of the applicable law; and (c) neither the execution and delivery of this Agreement nor the performance of services by Contractor will: (i) result in a violation by Contractor of any contract to which Contractor is a party; or (ii) result in a violation by Contractor of any law applicable to Contractor. of the applicable laws. of the applicable laws with respect to oversight of solicitation and sales activities, Contractor will have sole responsibility for its operations, including, without limitation, funding its business, paying its expenses, complying with legal obligations, and hiring and managing its employees. of the applicable laws, at any time during the ten-day period following the date of execution of this Agreement (“Cancellation Period”), Client may cancel this Agreement by providing written notice to Contractor of that cancellation decision. Such cancellation will be effective upon delivery of the notice. of the applicable laws, Client may terminate this Agreement at any time after the Cancellation Period by providing written notice of that decision to Contractor. Such a termination will be effective days after delivery of the notice. of the applicable laws, Client may terminate this Agreement at any time after the Cancellation Period if Client reasonably believes that Contractor, its agents, employees, or representatives have (a) made any material misrepresentations in the course of carrying out the Services or with respect to Client; (b) committed a crime in the course of fundraising activities including, without limitation, the Services; or (c) otherwise engaged or is engaging in conduct, or has been alleged to have engaged in conduct including, without limitation, conduct involving harassment or discrimination, of a nature which causes or could cause public disparagement of Client’s good name or goodwill or otherwise damage Client’s reputation. Such a termination will be effective upon delivery by Client to Contractor of a written notice of termination. of the applicable laws, Contractor will hold in trust for the benefit of Client any funds collected by Contractor after delivery of effective notice of cancellation, without deduction for costs or expenses of any nature. Contractor will, within three days of receipt, transfer to Client all funds collected after the effective date of cancellation or termination, together with any funds collected prior to such delivery and not yet transferred under Section 8.6 of this Agreement.........................................