Glo Fundraising Agreement


I am an authorized Administrator of an organization (the "Organization") which intends to participate in a Glo™ fundraiser offered by Immersion Digital LLC ("ID"), 6881, Kingspointe Pkwy, Suite 17, Orlando FL 32819. www.globible.com/fundraising/. By setting up a fundraising program for your Organization on this website, you are binding the Organization to the terms of this fundraising agreement (the "Agreement"). The Administrator certifies that he or she is legally authorized to bind the Organization to the terms of this Agreement and that Glo may justifiably rely on the Administrator's certification to provide the services referenced in this Agreement.

Your Organization will have the opportunity to generate cash for your fundraising efforts in the form of commissions on your sales of Glo product in accordance with this Agreement. Additionally, ID supports your Organization's fundraising effort and the Glo product through access to a unique website and email features and the marketing information and other content which appears on the Glo Site at www.globible.com (collectively, the "Glo Site"). The Organization acknowledges and agrees that its use of the fundraising program described in this Agreement and any other use of the Glo Site is governed by the Glo Terms of Use and Glo Privacy Policy. By entering into this Agreement for the fundraising program, you agree that your Organization is legally bound by all terms of the Glo Terms of Use and Privacy Policy.

OWNERSHIP: Administrator acknowledges that ID owns all rights to the products and services supplied through the Glo Site, including the Glo Site itself. These rights may not be transferred or resold by the Administrator or Organization. Marketing materials supplied by Glo or available for download on the Glo Site are the exclusive property of Glo and may be used only in conjunction with an active fundraising campaign being run through the Glo Site. All editorial content and images on the Glo Site remain the exclusive property of ID and may not be copied, distributed or reproduced in any form without the express written consent of ID.

ORGANIZATION COVENANTS: Organization agrees to promote the Glo product by using social networking tools, and other traditional fundraising methods (as desired) while sending individual consumers to the www.globible.com/fundraising/ website for more information and order placement.

Individual orders are processed via Glo's secure website, www.globible.com/fundraising/

If the Client orders bulk product in accordance the posted terms and conditions (see Glo Site), ID will replace damaged product and quantity discrepancies, at no charge to Client, provided a report is made within 7 business days of receipt. For additional questions, contact fundraising@immersiondigital.com

Organization agrees that all sales made under this Agreement, once shipped, are final. As this is software, product returns are not allowed. Missing or damaged/defective product will be replace at ID's expense.

Organization agrees to manage the initial promotion process in house using the tools provided to introduce, educate, and launch the fundraising effort.

Organization agrees to promote the program for a minimum of 90 days.

Organization can run a campaign any time during the school calendar year (August 1 through July 31). Product sales commissions are calculated on this same school calendar year.

Organization agrees to not use the Glo fundraising tools to harass email recipients, causing distress or harm, or for any other reason that does not support the goal of the Glo fundraising campaign or is in violation of law. Use of misleading subject headers or other harmful material content is forbidden and will result in the fundraising privileges through Glo being revoked.

ID COVENANTS: ID agrees to submit commissions to the Organization in accordance with the PAYMENTS TO ORGANIZATION section of this Agreement.

Any warranties that ID provides regarding the Glo products shall be granted directly to end users in the End User License Agreement incorporated into the product and/or any related updates. ID does not warrant that the functions contained in the products will meet the Organization's or its end users' requirements, that the operation of the products will be uninterrupted or error free, or that all defects will be corrected. ID SPECIFICALLY DISCLAIMS ALL WARRANTIES TO ORGANIZATION, INCLUDING WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY, EXPRESS OR IMPLIED, RELATED THERETO WITH REGARD TO THE PRODUCTS.

LIABILITY AND DISCLAIMERS: ID makes no guarantee of any kind, express or implied, as to the level of success or amount of funds raised for any fundraising campaign. ID also makes no warranty, representation or covenant, express or implied that your participation in a fundraising campaign will comply with state, federal or local laws that apply to your Organization. By setting up a fundraising program on the Glo Site, the Organization certifies that it is in compliance with state, federal and local laws that apply to the Organization and its fundraising activities.

CONFIDENTIALITY: While placing orders through the Glo Site, some personal information will be collected from friends and family consumers. ID will also collect information about locations on the Glo Site visited or features of the Glo Site used during the fundraising campaign. Information collected will be used to process transactions and operate the Organization's fundraising campaign and facilitate a support relationship for Glo. All information collected is governed by the Glo Privacy Policy.

TERMINATION: This Agreement is binding until the end of the Organization's fundraising campaign. A campaign ends when the Administrator terminates the campaign by written notification to ID. ID reserves the right to terminate this Agreement at any time if the Administrator or Organization violates any tenet of this Agreement, the Glo Privacy Policy, or the Terms of Use or for inactivity from the Organization for a period of ninety (90) days.

FAILURE OF GLO SITE: ID shall not be responsible for any failure to provide access to the Glo Site or bear responsibility for any period in which the Glo Site is down.

PAYMENTS TO ORGANIZATION
Administrator acknowledges that subject to the remaining terms of this Agreement Glo will pay to the Organization a portion of each sale made with the promotion code assigned to the Organization through the Glo Site.

  • Sell 1-249 units, 30% of net sales price to the Organization.
  • Sell 250-499 units, 40% of net sales price.
  • Sell 500 or more units, 45% of net sales price.

The net sales price is the revenue received by ID on the sale, credits, and discounts and does not include shipping charges or tax.

Commission checks will be issued the last day of the month following the sales reporting period. Glo will send a monthly statement to your Organization that lists the purchases made during the sales reporting period that have been made that month using the promotion code assigned to the Organization. Unless otherwise notified, checks will be issued to the Administrator and mailed via U.S. Postal Service to the Organization address provided by the Administrator.

Checks not cashed within 90 days of issuance will be cancelled and a replacement check will be issued only upon request by the Administrator or other authorized representative of the Organization. Replacement checks will be issued within 30 days of the request.

GENERAL: Use of the Glo Site is governed by the laws of the State of Florida. The federal district court located in Florida shall have exclusive jurisdiction over the parties, and the parties expressly consent to the jurisdiction of the federal court without regard to the conflict of law provisions of Florida or any other state.