Candidate Terms of Contributions

Terms and Conditions of Contribution Technologies, Inc. -Candidates

Contribution Technologies, Inc. (CT) operates a payment processing system for candidates for political office ("Candidates"). Candidates who have candidate profile ("Profile") on eVoter (a website owned and operated by eVoter Inc, hereafter "eVoter") can link their Profile via a "contribution" button to CT's system which will process contributions made to the Candidate's campaign committee. CT's principal office is located at 2028 Harrison St. Suite 108, Hollywood, FL 33020.

This legal agreement ("Agreement") is made between You and Us. This Agreement, as it may be amended from time to time, applies to all customers of CT.

Please read this Agreement carefully before registering with CT. By registering with CT, You become a CT customer (a "Customer"), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Customer.

IMPORTANT NOTICES:

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER WITH CT. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR EMAILING YOU AT THE EMAIL ADDRESS THAT YOU HAVE PROVIDED TO US.

In this Agreement the following terms have the following meanings unless the context requires otherwise:

"Agreement" means the agreement between You and Us incorporating these terms and conditions, as amended from time to time in the manner set forth herein;

"We, Us, Our and CT" means Contribution Technologies Inc.; and

"You, Your, Yourself" means the official registered campaign committee supporting a Candidate which registers with Us, accepts the terms and conditions of this Agreement and whose registration is accepted by Us.

"Contributor" means a person who makes a contribution to You.

ELIGIBILITY: MINORS MAY NOT BECOME CUSTOMERS. By becoming a Customer, You represent and warrant that You are at least 18 years old. By registering with CT, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. You may not authorize others to use Your account with CT, and You may not assign or otherwise transfer Your account to any other person or entity.

REGISTRATION

  1. 1. Only campaign committees that are registered with the relevant election or campaign finance authority (such as the Federal Election Commission or State Board of Elections, hereafter "Authority") as the official campaign committee for the relevant Candidate may register as Customers with CT.
  2. 2. In order to register as a Customer, You must provide Us with:
  3. 2.1 Your exact committee name and address as registered with the Authority.
  4. 2.2 The ID Number assigned to You by the Authority.
  5. 2.3 The details of the bank account to which We are instructed to remit contributions We are processing on Your behalf. (This account must be in Your committee name as registered with the Authority. In addition, if bank account information must be registered with the Authority, this must be a registered account.)
  6. 2.4 Your contact person's name, telephone number, and e-mail.
  7. 3. In order to comply with relevant laws or to increase the effectiveness of Our systems, We may ask You to provide additional information about Yourself from time to time. If You chose not to provide such additional information, We may terminate this Agreement.

OUR FEES

  1. Our fee is a flat 5% of the gross amount of all contributions made to You through Our system. This fee is charged as an administrative and processing fee.
  2. We will deduct from each remittance that we forward to you the full amount of Our fees that are due and owing for contributions that are included in that remittance.
  3. Our fees are non-refundable.

INVOICES

We will send you an e-mail invoice for Our fees when a Contributor's contribution credit card payment is confirmed by Our system.

REMITTANCES

  1. We will remit to You all cleared funds that we have received on your behalf in ten business days.
  2. Remittances will be made to you by check in U.S. funds.

PAYMENTS AND CLEARED FUNDS

  1. We only accept payment from Contributors by credit card.
  2. Payments made by credit card are considered "cleared funds" when we receive payment for that transaction from Our payment processor.

CHARGEBACKS AND/OR CONTESTED CHARGES

  1. You are responsible for all chargebacks, or contested charges which have been included in your remittances.
  2. We will notify you by e-mail of any chargebacks, or contested charges.
  3. Our fees are non-refundable, including in the event of a chargeback, or contested charge. In addition We will charge you for any fees which We are assessed by Our payment processors on Your chargebacks, or contested charges.
  4. You agree that we may deduct any chargebacks, or contested charges, (and any fees resulting therefrom) from any future remittances to You.
  5. If Your future remittances are insufficient to cover chargebacks, or contested charges, (and any fees resulting therefrom), You agree to repay such amounts upon 10 business days e-mailed demand from Us. Failure to do shall result in a finance charge on amounts to be repayed at a rate of 10% per annum, plus Our costs of collection from You.

CONTRIBUTOR INFORMATION AND COMPLIANCE RESPONSIBILITY

  1. We will collect the personal information on Contributors which is required under applicable campaign finance law, subject to subsection 4, below.
  2. We will post this information on eVoter where it can be accessed only by You in your eVoter Candidate Profile dashboard.
  3. You are responsible for reporting all contributions processed by Us to the relevant Authority as required by law.
  4. You are responsible for instructing Us to collect the correct personal information as required by the relevant Authority. We have a standard template which You may edit when You create Your "Contribution Page." If You require a modification which is not possible on Our system, please contact Our customer service at the toll-free number below.
  5. You are responsible for ensuring that Contributors do not contribute in excess of legal contribution limits. As a minimum precaution, We suggest that You should edit Your "Contribution Page" so that the maximum contribution amount is not larger than the maximum contribution you are legally allowed to accept.
  6. You are responsible for refunding any illegal contributions which you have received through Our system in compliance with, and in the manner proscribed by, relevant laws and regulations.

TERM AND TERMINATION

This Agreement will remain in full force and effect while You are a Customer. You may terminate this Agreement at any time via the website or by sending Us written or email notice of termination. Either You or We may terminate your account, at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party.

Upon Termination You will no longer be able to accept contributions through Our system. Your Contributor Data will remain available to You for 30 business days following Termination. Any contributions that are being processed by Us will be remitted to You in accordance with this Agreement. Your obligations regarding chargebacks, contested charges, and legal compliance and reporting shall survive Termination of this Agreement.

If We determine, in our sole discretion, that You have violated this Agreement, We may bar Your use of the Service in the future.

ADDITIONAL AGREEMENTS: As a Customer, You agree that:

  1. You agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: message notification emails, emails which we feel are relevant to your use of Our system and emails informing You of changes to Our Terms and Conditions. Should You not wish to receive any of Our email communications, please do not register with Us for Our services. We do not share Your email with third parties unless legally required to do so, or unless you specifically agree.
  2. You agree that We have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Us. You acknowledge that features, parameters or other services We provide may change at any time.
  3. Our customer service employees are here to make your online experience enjoyable by providing assistance and guidance to You. When speaking to Our customer service employees on the telephone or communicating with them by any other means, You agree not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our customer service employees feel, at any point, threatened or offended by Your conduct, We reserve the right to immediately terminate Your membership and You shall not be entitled to the refund of any payments We have received from You.
  4. We are entitled to investigate and terminate Your account if You have misused Our system, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:

You will not harass or impersonate any person or entity. You will not use any manual or automatic device or process to retrieve, index, data mine, or, in any way reproduce or circumvent the navigational structure or presentation of Our system or its contents. You will not express or imply that any of Your statements are endorsed by Us, without Our specific prior written consent. You will not interfere with or disrupt Our system, Our servers or networks. You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained on Our system or forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through Our system. You will not use meta tags or code or other devices containing any reference to Us in order to direct any person to any other website for any purpose, other than links which We have agreed. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of Our system or any software used on or for Our system or cause or enable others to do so. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware.

INDEMNITY BY CUSTOMER: You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and third parties harmless, for any losses, costs, liabilities or expenses relating to or arising out of Your use of Our system, including:

  1. Your breach of this Agreement;
  2. Your failure to comply with all relevant reporting and compliance laws and regulations which apply to Your campaign.
  3. Chargebacks and/or contested charges by Contributors.
  4. Any allegation that any materials that You submit to Us or transmit to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
  5. Your activities in connection with Us or Our system.

This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

RELEASE: If You have a dispute with one or more of Our Customers or a Contributor, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

ONLINE CONTENT: Opinions, advice, statements, offers, or other information or content made available through Us, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OUR SYSTEM.

INTELLECTUAL PROPERTY: All intellectual property rights in and to Our system are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in eVoter are the property of their respective owners.

PRIVACY: The personal information (including sensitive personal information) You provide to Us will be stored on computers and/or servers. You consent to the use of this information to create to measure website metrics and to allow You to participate on Our system. You also agree to read, review, comply with, uphold and maintain Our Privacy Statement and the terms and conditions thereof. If you are located outside of the United States, please note that the information that you provide is being sent to the United States. By becoming a Customer, you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of Our system.

DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT OUR SYSTEM WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN OUR SYSTEM WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

Although each Customer and Contributor must agree to Our terms and conditions, We cannot guarantee that each Customer or Contributor is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of Our system by persons under the age of 18 in violation of this Agreement. Also, it is possible that other users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of Our system. Those others may use your information for purposes other than what You intended. We are not responsible for the use of any personal information that You disclose on Our system. Please carefully select the type of information that You post on Our system or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF OUR SYSTEM OR OTHERWISE.

LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SYSTEM, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR EVOTER DURING THE TERM OF YOUR MEMBERSHIP. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BY NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF OUR SYSTEM, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER CUSTOMER OR CONTRIBUTOR. COMPLAINTS: To resolve a complaint regarding Our system, You should first contact Our customer service department by clicking: Contact Us or by calling 1-866-976-0555.

DISPUTE RESOLUTION: This Agreement is governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of Miami-Dade County, Florida, with regard to any and all claims by you arising out of or related to Our system. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

WAIVER AND SEVERABILITY OF TERMS: Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect.

You certify that You have read and that You agree to be bound by the terms and conditions in this Agreement and our Privacy Policy.

Contribution Terms (v1) Nov 1st 2009