I. EarnDonations Terms and Conditions for Organizations and Their Representatives

Please read the following carefully before agreeing to participate in the EarnDonations Service and Website. Your participation is conditional upon your acceptance of all terms and conditions in this agreement and any incorporated documents, including, but not limited to, the privacy policy. By submitting the online registration form, you are entering into a legal agreement with EarnDonations, a Washington State business, formally indicating your acceptance of the terms and conditions of this agreement, and agreeing to be bound by such terms and conditions, as well as any future versions of the agreement.

II. Defined Terms

In this Terms and Conditions agreement document:

1. "You" or "Yourself" or "Your" or "Representative(s)" or "User(s)" or "Individual(s)" means you, the current or prospective representative of an organization at EarnDonations;
   
   
2. "Member(s)" means any person who signs up as a member of EarnDonations;
   
   
3. "Sponsor(s)" means any Member who selects your organization to sponsor at EarnDonations;
   
   
4. "Organization" means the organization which you represent, or intend to represent, at EarnDonations;
   
   
5. "EarnDonations" or "We" or "Our" means EarnDonations;
   
   
6. "Service" or "Website" means any service or function provided by the EarnDonations website, currently located at admin.earndonations.com, or any of its subdomains, subdirectories, or contained documents, pages and files;
   
   
7. "Account" or "Membership" means a Representative account established with EarnDonations in the EarnDonations Service through Our Website;
   
   
8. "Agreement" or "Terms and Conditions" means this Terms and Conditions document, unless specifically refering to another document;
   
   
9. "Cash Balance" means cash accrued by an Organization;
   
   
10. "Payable Balance" means any Cash Balance which has been fully credited and has become payable to the Organization sponsored by the Sponsor(s). Cash Balance typically becomes Payable Balance by the 30th day of the month after the one in which it was earned, however, this may vary as further outlined in the Agreement. Moreover, the payment to the Organization is sent according to the schedule as found in the Agreement;
    
    
11. The dollar sign ("$") and any references to currency mean United States Dollars;
    
    
12. Additional terms may be defined throughout the remainder of this Agreement.

III. Description of Service

EarnDonations is a free Service which allows Organizations to earn donations for actions performed by their Sponsors through affiliated merchants. The service also allows Organizations and their Representatives to receive and browse information on the website. Your use of EarnDonations and its Service is at your sole risk. The Service shall be provided on an "as is" and "as available" basis. EarnDonations expressly disclaims all responsibility and liability for the availability, timeliness, security and reliability of the Service, as well as warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. EarnDonations reserves the right to modify, suspend or discontinue the Service with or without notice, at any time, for any reason, and without holding any liability toward You. Judgments made by EarnDonations regarding the Service, Your actions, Your Account, any User or User's Account, and any other matter related to the Service shall be final. You acknowledge that EarnDonations makes no guarantee of an appeal for any decision. The Service is void where restricted, taxed, or prohibited by law.

IV. No Purchase Necessary

No purchase is necessary to join or use the EarnDonations Service. There are no gambling, betting or wagering opportunities available on EarnDonations. No Membership fees, entry fees, upgrade fees, or other dues are collected by EarnDonations.

V. Membership

Membership at EarnDonations is conditional upon acceptance of and compliance with all terms, conditions, notices, disclaimers, etc., contained in this Agreement. Submission of either an online or offline application to join the EarnDonations program constitutes the Representative's acceptance of this Agreement. Since the Agreement is binding, You should periodically return to this page and review the Agreement. Notice of Terms and Conditions changes will be placed on this document, and may additionally be emailed by EarnDonations to Representatives, although the latter shall not be required of EarnDonations. EarnDonations reserves the right to vary the Terms and Conditions, specifications, rates, rewards, requirements, rules, and any other elements of the Service at any time. Representatives must agree to all terms of this Agreement, both now and following the application of any future amendments, additions, removals, alterations or updates.

VI. Conditions of Membership

Continued Membership at EarnDonations is conditional upon the Representative's and Organization's abidance with conditions set forth in this document and throughout the Website. Failure to adhere to one or more of the following conditions is grounds for loss of Account, earnings, downline, status and any and every actual and potential benefit:

1. An Individual may only apply for, or use, one Account on behalf of an Organization. Multiple Accounts used for the same Organization will result in the termination of all Accounts used by the Organization. However, a Representative may have multiple Accounts by representing multiple Organizations.
   
   
2. An Individual may not join EarnDonations or use the Service on behalf of, or for, another person or group, aside from the Organization which the Individual states in the application form.
   
   
3. Membership at EarnDonations is open only to legal residents of the United States, which is to say, the 50 states and Washington D.C. Organizations must also be based in the United States.
   
   
4. Any Individual not residing in the United States who wishes to obtain EarnDonations Membership must first request and receive express written consent from EarnDonations. EarnDonations shall make no guarantee of such a request being honored with consent.
   
   
5. Considering sanctions imposed by the United States Department of Treasury, We do not intend the Service to be used in any manner by persons from Angola, Burma (Myanmar), Cote d'Ivoire, Cuba, Iran, Iraq, Liberia, Libya, North Korea, Sierra Leone, Sudan, Syria, Western Balkans and Zimbabwe.
   
   
6. Any Individual found to be under the age of 18 will be subject to Account termination.
   
   
7. Spamming (sending spam) of any kind, on behalf of EarnDonations, Yourself, or a third party, is strictly prohibited. Any Account linked to spamming is subject to termination. EarnDonations may take appropriate legal action against any Individual linked to spamming.
   
   
8. All Representatives must be able to communicate reasonably with the English language. All Membership information must be provided clearly and accurately in the English language.
   
   
9. All personal and payment information requested by EarnDonations or submitted by a Representative must be true, complete and up-to-date.
   
   
10. Any Organization or Representative with a change in organization, personal or payment information must inform EarnDonations immediately of any and all changes.
    
    
11. To retain Membership, an Individual must avoid inactivity, which is defined for this purpose as one or more of the following:
    
    
    1. Allowing 365 or more days to pass between successfully logging in to the Representatives portion of EarnDonations;
       
       
    2. Using an Account email address which "bounces" emails sent from EarnDonations.
       
       
    3. Using an Account email address which "auto-responds" to emails sent from EarnDonations.
       
       
    4. Using an Account email address which in any way sends a response of non-delivery or additional requirements for delivery to emails sent from EarnDonations.
       
       
12. Any Individual whose Account has been terminated may not create a new Account.
    
    
13. Any Individual who has willfully canceled an Account may not create a new Account over a minimum of 90 days following that Individual's most recent Account cancellation.
    
    
14. The use of an "anonymous" proxy to access a Representative's Account will result in Account termination. ISP proxies, such as AOL, are not prohibited.
    
    
15. Any Individual using, requesting or promoting methods to circumvent the system, abuse the Website or Service, violate the Agreement, or break the Service's regulations and commonly-understood means of use is subject to Account termination.
    
    
16. Any Individual using, requesting or promoting software, scripts or "bots" to perform actions on EarnDonations is subject to Account termination.
    
    
17. Individuals may not use the Service to participate in, promote or encourage any activity deemed illegal by any prevailing federal, state or municipal government.
    
    
18. EarnDonations may not be promoted or referenced to on any websites, online services, or under any other circumstances which are deemed by EarnDonations to be unethical or are in violation of United States federal, state or municipal law, prevailing law in the location of EarnDonations, prevailing law in the location of the person(s) involved or prevailing law in the location of the promotion or reference.
    
    
19. Individuals may not participate in any action, related in any way to EarnDonations, which is deemed inappropriate in the sound discretion of EarnDonations.
    
    
20. Abuse by its Sponsors of the Service on a regular or exceptional basis, as determined by EarnDonations, will result in Account termination for the Representative.
    
    
21. All other terms within this Agreement must be met with compliance.

EarnDonations reserves the right to terminate any Account at any time, with just cause by reason of this Agreement.

VII. Your Relationship With EarnDonations

As a Representative of Your Organization, You are in no way an employee, agent, affiliate, representative, or any other relation to EarnDonations, and you shall not present yourself as such.

VIII. Promotion Restrictions

You may not engage in making untrue or exaggerated statements regarding EarnDonations, nor in any unfair or deceptive trade practice as defined by U.S. law. You may not make any promises, guarantees, or implications beyond those which are established in this Agreement. If promoting EarnDonations, You must ensure that any and all information You use is accurate and up-to-date, and that You are able to and shall keep it accurate and up-to-date so long as it remains accessible. You may not send electronic communications regarding EarnDonations to those who You do not know or who do not desire to receive such communications from You. You may not promote EarnDonations in any way whatsoever which violates United States federal, state or local law. Any Individual found promoting EarnDonations in a prohibited manner will be subject to Account termination, and may be subject to appropriate legal action as a response to the activities.

IX. Application of Service

EarnDonations shall, at no time, make any promise of service, earnings, benefits or rewards to any person. EarnDonations may, of its own will, offer any benefit it deems right to any Organization or Individual, at any time, for any reason. EarnDonations may, of its own will, choose to revoke any benefits, including, but not limited to, Membership and future rewards, at any time, to any Organization or Individual, for any violation of the Agreement. EarnDonations offers no guarantees other than those outlined in the Agreement.

X. Non-Liability

EarnDonations shall, at no time, be held liable for any result of Your use of or inability to use the Service or any content provided on the Website, the results including, but not limited to, termination, suspension, cancellation, loss of earnings, prizes, rewards, status or benefits, information dissemination, legal proceedings against You, damages (actual or consequential), suits, losses, judgments, litigation costs, attorneys' fees, and any other consequences, of every kind and nature. EarnDonations shall at no time be held liable for Your use of third-party websites displayed via hyperlinks on the Website. EarnDonations makes no guarantees regarding third-party websites, their services and/or products, their claims or the veracity thereof, or any other matter regarding those third parties. These third-party websites are neither endorsed nor verified by EarnDonations. EarnDonations disclaims all responsibility for Your use of these sites, actions done therein, and any and every consequence thereof.

XI. Non-Commitment

EarnDonations shall, at no time, have any commitment toward any User, beyond those detailed within this Agreement. EarnDonations may, at its sole discretion, terminate and/or discontinue the Service, for one, any or all Users, at any time, with or without notice. Upon discontinuation of the Service, EarnDonations shall remain without commitment toward any User, past or present, terminated, canceled, suspended, resigned, active, or in any state.

XII. Non-Transferability

1. An Individual's right to use the Service is non-transferable, except to another Representative of the same Organization;
   
   
2. An Individual's benefits and obligations as a Representative of its Organization in the Service are non-transferable, except to another Representative of the same Organization;
   
   
3. Accounts are non-transferable, except to another Representative of the same Organization, and are void if otherwise transferred;
   
   
4. Any and all forms of Cash Balance are non-transferable, except to another Representative of the same Organization, and are void if otherwise transferred;
   
   
5. Any and all non-cash prizes, rewards and other items are non-transferable, except to another Representative of the same Organization, and are void if otherwise transferred;
   
   
6. An Individual's Account and all it entails are not transferable due to death of the Individual, as part of a domestic relations matter, or in any manner by operation of law, except to another Representative of the same Organization;
   
   
7. No transfer of anything related to the Service, Account, or Agreement may occur from one Organization to another Organization or any entity;
   
   

XIII. Credit of Earnings

Credit of all earnings is given according to the Terms of Service related to Sponsors. The Terms of Service for sponsors is currently located at: http://www.earndonations.com/terms. When a sponsor who is sponsoring You receives cash credit, that is placed in the Account of the Representative of the sponsored Organization.

XVIII. Reversal of Cash Balance

Prior to establishment as Payable Balance, Cash Balance may be removed from the Representative's Account for one or more reasons, including, but not limited to:

1. Fraud committed by the Sponsor;
   
   
2. Failure by the Sponsor to perform the action in good faith or with genuine interest;
   
   
3. An existing or previous relationship between the Sponsor and third party business prior to the initiation of their relationship through EarnDonations;
   
   
4. Incorrect information provided by the Sponsor in the action;
   
   
5. Ineligibility of the Sponsor for the action;
   
   
6. Failure by the Sponsor to follow one or more of the requirements set by either EarnDonations or the third party business;
   
   
7. Chargeback, reversal or cancellation of any kind by the Sponsor;
   
   
8. Refund by the third party business, to the Sponsor, of purchase cost or fees paid;
   
   
9. Use of a prepaid debit card or prepaid credit card by the Sponsor to pay the third party business;
   
   
10. Violation(s) of the Agreement by the Sponsor;
    
    
11. Violation(s) of the Agreement by the Representative or Organization;
    
    
12. Violation(s) of any of the third party business's policies by the Sponsor;
    
    
13. Denial or reversal of the Sponsor's action by the third party business or Provider;
    
    
14. Delay or failure in payment by the third party business or Provider.

XX. Payment of Cash

EarnDonations sends payments to Representatives of Organizations based upon their Payable Balance (as defined throughout this agreement), on or around the 30th day of the month following each quarter, with considerations for weekends, holidays, business or Provider delays, and other unforeseen events. By this, it is estimated that payment dates are the following days: January 30th (for Payable Balance accrued through the previous December 31st), April 30th (for Payable Balance accrued through the previous March 31st), July 30th (for Payable Balance accrued through the previous June 30th), and October 30th (for Payable Balance accrued through the previous September 30th).

EarnDonations rewards Representatives in good standing according to this Agreement with payments once their Accounts reach specific balance levels in their Account. In order to receive a payment, the Representative must have submitted complete and proper Organization information and all other details required by EarnDonations, and reached the minimum payment amount in Payable Balance earned through the end of the previous quarter. Payable Balance requirements for payments are subject to change at any time.

Current requirements are as follows:

1. $20.00 or above for a check payment;
   
   

Check payments will be sent via USPS or UPS to the Organization's postal address on file, and made out to the Organization's name. Upon being sent, the check may take a time several days to arrive, or longer if there are postal delays.

EarnDonations will not be held liable for lost or missing payments due to incorrect information provided by a Representative. EarnDonations will not be held liable for delayed, mishandled, misplaced, confiscated, destroyed or lost payments as a result of action(s) by any Representative, Organization, or third party. Once a payment process has been initiated it cannot be reversed, and the balance cannot be returned to the Representative's Account. Payments are generally processed by the 30th day after the end of each quarter, however, it is possible that they may be processed or sent at any given day. Therefore, please keep Account information up-to-date at all times.

XXI. Redemptions

Some items received by Sponsors on the Service are non-payable, including, but not limited to: "Coins" and "Star Points." These items have no inherent cash value and are non-redeemable other than the exceptions mentioned on the terms of service for Sponsors, presently located at: http://www.earndonations.com/terms. Unless otherwise indicated, non-payable items are never credited to the Accounts of Organization Representatives, and are not redeemable by Organizations or their Representatives.

XXII. Personal Use

EarnDonations is made available for personal use only. One Account may be used by only one Representative at a time, with an update being given to EarnDonations when a new Representative is to take control of the Account. One Organization may have a maximum of one Account. Termination or suspension of an Account is not grounds for creation of a new Account. Creation of more than one Account by, for or intended for one Organization constitutes fraud. Membership at EarnDonations requires that You be a minimum of 18 years of age. You must always provide current and accurate information as required by being a Representative of an Organization at this Website. False, incomplete or out-of-date personal information is grounds for Account termination. You must always provide future information deemed necessary by EarnDonations. You are strictly responsible for maintaining the confidentiality of Your EarnDonations Account and password. EarnDonations reserves the right to refuse service to any person at any time, with or without notice, and for any reason prescribed within the Terms and Conditions. Accounts may not be sold, given or transferred to any other Organization. Your Account at EarnDonations shall not serve as a bank account, and as such is not insured by FDIC, NCUA, or any other governmental or private insurance agency.

XXIII. Proper Use

You are responsible for every consequence of Your Account's use, as well as Your use of the EarnDonations Service. Your use of EarnDonations constitutes your acceptance of the Agreement, and is subject to said acceptance. You agree that You will use the Service in compliance with all applicable laws, rules and regulations, whether local, state, national or international. You shall never use the Service for any illegal, fraudulent or inappropriate purpose, nor in any way which violates the Agreement. You shall never use the Service in any manner which might damage, impair, subvert, overburden, suspend, disable or destroy the Service, or interfere with any third party's use of the Service. EarnDonations reserves the right to investigate Your use of the Service, in order to determine whether a violation of the Agreement has taken place, as well as to comply with any applicable law, regulation or legal process, or per government request.

XXIV. Content of Service

EarnDonations takes no responsibility for third party content. EarnDonations has no obligation to monitor such third party content. EarnDonations reserves the right to remove or refuse to distribute any content, at any time, including, but not limited to, third party content. Removal or refusal to distribute information will be decided solely at EarnDonations's discretion, and may also be done in conjunction with any applicable law, regulation or legal process, or per government request. EarnDonations reserves the right to reject or remove any content, including, but not limited to, advertisements deemed by EarnDonations to be illegal, pornographic, hateful, fraudulent, immoral or unethical.

XXVI. Intellectual Property Rights

You acknowledge that EarnDonations owns all right, title and interest in and to the service, without limitation. You agree not to copy, reproduce, alter, modify or create derivative works from the Service. You agree not to, by any means, copy content or information from the Service, nor to reproduce the Service, fully or partially, in any way.

XXVII. Representations and Warranties

You represent and warrant that all of the information provided by You to EarnDonations to participate in the Service and Website is correct and current. You represent and warrant You have all the necessary right, power and authority to enter into this Agreement and to perform the acts required of You within the Agreement, and to refrain from those from which You are required to refrain.

XXVIII. Privacy

As a condition to using EarnDonations, You agree to the full terms and conditions of the Privacy Policy, including updates which may occur from time-to-time. You agree that You have read, understood and do agree to the Privacy Policy, presently located at http://admin.earndonations.com/privacy. The Privacy Policy is hereby incorporated into this document as a portion of the Agreement.

XXIX. Spam

You agree that any form of spam linked to You or Your Organization is reason enough for the termination of Your Account. You agree that EarnDonations may investigate any claims made against You regarding spam, including those made by EarnDonations, Yourself, or any third party.You agree that should EarnDonations have sound reason to believe you or someone from your Organization has engaged in spamming one or more times, Your Account may be terminated without recourse, and legal action may be taken against You, the other person, or Your Organization in response to such activities.

XXX. Cancellation and Termination

You may cancel Your use of the EarnDonations Service at any time, with or without reason, by completing the Request to Leave the EarnDonations Program form and mailing it to:

EarnDonations
PMB 200 700 Sleater Kinney Rd SE #B
Lacey, WA 98503

When a User cancels an Account, any and all actual and potential benefits and earnings made available through the Service shall be lost. EarnDonations shall not make a payment of earnings to the Organization which had its Account canceled, with the exception of cases where the Account's Cash Balance was a minimum of $20 at the time of cancellation. In such cases, EarnDonations retains the right to refuse payment for other reasons outlined in this Agreement, as well as in cases where reversal of Cash Balance, prior to its full crediting as Payable Balance, leads to a total Cash Balance that ultimately falls short of $20.

EarnDonations may, at its discretion, terminate or suspend any Account, for any reason detailed within the Terms and Conditions, at any time, without any prior notice or warning. Users whose Accounts have been terminated by EarnDonations, for any reason, shall lose any and all actual and potential benefits and earnings made available through the Service. EarnDonations shall offer and owe nothing to Users or their Organizations whose Accounts have been terminated. Users whose Accounts have been terminated or canceled remain subject to any and every portion of the Agreement enforceable toward terminated or canceled members. All parts of the Terms and Conditions and/or Privacy Policy directed solely toward active Users shall not apply to terminated or canceled Users. All parts of the Terms and Conditions and/or Privacy Policy not explicitly directed toward active Members alone, while not explicitly made inapplicable toward terminated or canceled Members, shall apply to all Users; active, terminated and canceled. Termination or cancellation, for any reason, disallows the terminated or canceled User from access to or use of the EarnDonations Service, without exception, unless the User has been given express written permission by the Administrator to use the Service, or in the case of cancellation, the User has waited a minimum of 90 days since the User's most recent Account cancellation.

XXXII. Indemnification

You agree to hold harmless and indemnify EarnDonations, its affiliates, officers, directors, employees, agents and all Members, Representatives, and Organizations from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, but not limited to, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with:

1. Information or other content You submit or that is submitted from, through, by, or in conjunction with Your Account;
   
   
2. Your use of or reliance on the Service;
   
   
3. Your connection to the Website or Service;
   
   
4. Your violation of this Agreement;
   
   
5. Your violation of any rights of another party;
   
   
6. Your violation of United States law;
   
   
7. Your violation of prevailing law in Your location.

XXXIII. No Other Agreements

With the lone exception of our Privacy Policy, this Agreement constitutes the entire Agreement between You and EarnDonations toward governing Your use of our Website and Service, and supersedes any prior Agreements or prior versions of Agreements between You and EarnDonations for that purpose. No advice or information, whether oral or written, obtained by You from our Website or Service or through any Individual shall create any warranty not expressly stated within this Agreement.

XXXIV. Force Majeure

Any delay in or failure of performance by either party under this Agreement will be excused to the extent caused by any cause beyond the reasonable control of such party, including, but not limited to: power outages, computer or data processing failures, programming errors, failures of third party vendors, failures of communications systems, fires, earthquakes, storms, public emergency, and governmental restrictions.

XXXV. Choice of Law; Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions or Your actual state or country of residence. Any claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Thurston County, Washington, and You consent to the jurisdiction of such courts.

XXXVI. Non-Waiver; Severability; Headings; Usage

1. Failure or delay by EarnDonations to act with respect to a violation of this Agreement or to enforce any part of this Agreement shall not constitute a waiver of Your obligations under this Agreement or a waiver of EarnDonations's right to act with respect to that violation or subsequent violations of a same, similar or different nature.
   
   
2. If any specific term or condition of the Terms and Conditions is held to be invalid, void, overly broad, unenforceable, or illegal, that determination shall not affect the validity of the remaining provisions of the Terms and Conditions, and the term in question, if at all enforceable, shall be enforced to the greatest extent possible.
   
   
3. Headings used in the Terms and Conditions are for convenience, are not substantive and shall not be used to interpret or construe any of the provisions contained within the Terms and Conditions.
   
   
4. When used in the Terms and Conditions the word "including" or "includes" shall be deemed to be followed by the phrase "without limitation," in addition to, and not voiding, any following words.