Local Benefits Fundraising Terms of Agreement

ACCEPTANCE OF APPLICATION TO PARTICIPATE IN THE LOCALBENEFITS REWARDS FUNDRAISING GROUP PROGRAM - This application is effective, if properly completed and submitted by the applicant(s), on the date and time received and approved by Local Benefits Marketing Group (hereafter listed in these terms of agreement as "LocalBenefitsRewards") in their home office or submitted online at www.LocalBenefitsRewards.com. There is no Application Fee. The Fundraising Group Application MUST be submitted by an authorized representative or officer of the Non-Profit Organization. Additional documentation may be requested in the future to support the applicants not for profit status.

FUNDRAISING GROUP MEMBERSHIP POLICY -  LocalBenefitsRewards is a family oriented program and reserves the right to refuse acceptance of any application at its sole discretion.  As a LocalBenefitsRewards Fundraising Group Member, there are no startup or application fees. Upon acceptance of the application, the Fundraising Group is assigned an ID number for Login purposes. A Fundraising Group may refer and enroll its members, friends or associates to earn points for any purchases they may make at any participating merchant in the  LocalBenefitsRewards network.

COMPENSATION - Upon approval of this Application, the applicant will become a Fundraising Group Member with LocalBenefitsRewards. When a purchase is made at any participating merchant in the  LocalBenefitsRewards network by utilizing a LocalBenefitsRewards Card registered to your Fundraising Group, the Cardholder will receive the Reward Points and the Fundraising Group will receive a Charitable Donation credit. Credits are accumulated month to month and are shown and tracked in a report at the Fundraising Group's Control Center on LocalBenefitsRewards.com. LocalBenefitsRewards waits 30 days before making the contribution, in order to deduct for any returns made by purchasers. Any returns made after the 30 day waiting period, in which a contribution had been previously made, will be shown on the Fundraising Group's report and deducted from the next contribution.

Fundraising Group Responsibilities: The Fundraising Group agrees that they will not make any statements, disclosures or representations in distributing The LocalBenefitsRewards Card, other than those contained in approved company web pages, literature and sales aids. Any activities, whether lawful or unlawful, which are harmful to the LocalBenefitsRewards' operations, reputation, or other clients, especially activities which may restrict or inhibit others from using and enjoying the services which the LocalBenefitsRewards provides, are strictly prohibited. The Fundraising Group understands that they cannot, under any circumstances, incur any debt, expense or obligation on behalf of, or for, LocalBenefitsRewards. Media press releases are encouraged, however, the Fundraising Group understands that they will not, for any reason whatsoever, act as a spokesperson for LocalBenefitsRewards in any manner to any media or publication without prior written authorization from LocalBenefitsRewards.

INDEPENDENT CONTRACTOR – The Fundraising Group understands and agrees that it is an independent contractor, responsible for its own business activities and that there is nothing in this agreement, which construes, implies or creates an employee, consignee, trustee, partnership, joint venture or similar enterprise. The Fundraising Group further agrees that it is not an agent, employee, or franchisee of LocalBenefitsRewards, nor will it represent itself as such. The Fundraising Group understands that there are no exclusive territories granted to anyone, no franchise fees have been paid, nor is the Fundraising Group acquiring any interest in a security by the acceptance of this application and agreement. The Fundraising Group further understands and agrees that it will not be treated as an employee, partner or joint venture associate with respect to withholding services for federal, state or local tax or license purposes of any kind. Nor will the Fundraising Group be treated as an employee, partner or joint venture associate for purposes of the Federal Unemployment Tax Act, the Federal Insurance Contribution Act, the Social Security Act, any State Unemployment Act, or State Employment Security Act. The Fundraising Group agrees to pay all applicable federal and state self-employment or business taxes, sales taxes, local taxes and/or licensing fees, if any, that may become due as a result of its activities under this agreement.

USAGE OF MATERIALS – The Fundraising Group understands and agrees that any web pages, ads, e-mail solicitations, marketing and/or sales aids, letters, or materials that include or reference LocalBenefitsRewards or any The LocalBenefitsRewards trade names, email addresses, web pages or trade marks must be approved by LocalBenefitsRewards prior to their use. Only web pages, ads, literature and sales aids expressly authorized for duplication may be duplicated for use by the Fundraising Group or their Members. The unauthorized use or duplication of trade marks or copyrighted material is a violation of federal law.

INDEMNITY – The Fundraising Group hereby agrees to indemnify and hold harmless LocalBenefitsRewards, its officers, affiliates or representatives of and from any claim, demand, liability or expense including reasonable attorney's fees incurred thereby as a result of or in connection with the acts or omissions of other Members.

LAWS – The Fundraising Group certifies that they are a legal, registered non-profit or not-for-profit organization in the state or province and country, for the address provided on the application. The Fundraising Group understands that no attorney general or other regulatory authority reviews, endorses, or approves any product, membership, compensation program, or company and the applicant will make no claims otherwise. In the event a question shall arise concerning compliance by LocalBenefitsRewards, such questions shall be submitted to LocalBenefitsRewards in writing. Should any provision of this Agreement violate any applicable state, province or federal law, or should any required provision be omitted here from, such provision shall be automatically amended or added to conform to the requirements of the applicable laws of the state or province or country of the Fundraising Group.

SEVERABILITY - Should any part of this Agreement for any reason be declared invalid, such decision shall not affect the validity of any remaining portion, which shall remain in full force and effect. Furthermore, in lieu of such invalid or unenforceable provision there shall be added in its place a provision as similar in its terms to the invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

CLAIMS AND DISPUTES - This agreement is governed by the laws of the State of South Carolina and all claims and disputes relating to this Agreement, the right and obligation of the parties or any other claims or causes of actions relating to the performance of either party under this Agreement and/or purchases of subscriptions, products and services shall be settled totally and finally by arbitration in Spartanburg County, South Carolina in accordance with the Federal Arbitration Act and the Commercial Rules of the American Arbitration Association. This agreement shall be binding upon the successors and assigns of both parties.

CHANGE IN POLICIES - In order to maintain a viable marketing program to comply with federal, state or local laws or economic conditions, LocalBenefitsRewards may provide changes in policies, procedures, rules, regulations, company literature, sales aids, compensation program and/or subscription and information product prices. Such changes shall upon notice to the member or appearing at the LocalBenefitsRewards Web Site, become a binding part of this agreement.

TERMINATION - LocalBenefitsRewards may suspend or terminate Fundraising Program, the Fundraising Group or any of its members at its sole discretion with no recourse. Such termination will cause the Fundraising Group to immediately forfeit the resulting or potential contributions derived or to be derived.

It is expressly agreed by the parties that there are no verbal or written representations or agreements relating to becoming a LocalBenefitsRewards Fundraising Group other than those contained in this agreement and that this Application and Agreement, including LocalBenefitsRewards Policies and Procedures, both incorporated herein by reference, constitute the entire agreement between the parties hereto. The applicant has read this agreement and they acknowledge keeping a copy of all documents referred to, and agree to abide by and be bound by the terms contained therein.