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Terms & Conditions

DIGITAL WINDOW LTD CASH4FUNDRAISING.COM FACILITY PARTICIPATION AGREEMENT Please read this agreement carefully before registering and using the Cash4Fundraising Facility. If you click on the "I have read and accept the Cash4Fundraising Facility Participation Agreement" button at the bottom of the signup page you will indicate your acceptance of this Agreement and its terms and conditions. If you do not accept these terms and conditions you will not be allowed to participate. In consideration of the promises set forth below, it is agreed as follows: 1. INTRODUCTION 1.1 This agreement ("Participation Agreement") is made between Digital Window Ltd, 279-283 Greenwich High Road, London, SE10 8NL (“DWL”) and you, as a user of the “Cash4Fundraising Facility” (“Participant”). 1.2 This facility is an extension of the DWL Affiliate Window Program and this Participation Agreement does not replace the contractual obligations which are more particularly set out in DWL’s Affiliate Service Agreement. 1.3 If there is a conflict between any term of this Participation Agreement and the Affiliate Service Agreement then the terms of this document shall take priority. 2 DEFINITIONS 2.1 In this Agreement the following words and expressions shall have the following meanings: 2.1.1 “Brand” means the Cash4Fundraising.com trading name and all associated logos; 2.1.2 “Category” means the classification of Products and Merchants; 2.1.3 “Commission” carries the same meaning as the Affiliate Service Agreement; 2.1.4 “Customer” means any person or entity who buys Products after having accessed a Participant’s Website; 2.1.5 “DPA” means the Data Protection Act 1998; 2.1.6 “Format” means the colours, font, logos and other distinct presentational features which the Participant uses on the Participant’s Website; 2.1.7 “Merchant” means any person or entity who has entered into a contract with DWL and whose Products (via the Merchant’s Website) will be made available to Visitors through the link from the Shop Window Toolset; 2.1.8 “Merchant’s Website” means any website owned or operated by a Merchant which offers Products to Visitors; 2.1.9 “Newsletters” means any electronic communication prepared by the Participant which is sent to Visitors that relates to the Participant’s involvement with the Cash4Fundraising Facility; 2.1.10 “Participant’s Page” means the page of the Participant’s Website that displays and allows access to the Cash4Fundraising Facility; 2.1.11 “Participant’s Website” means any website owned or operated by the Participant which is available to Visitors to access; 2.1.12 “Products” means the goods and services sold by Merchants which are available on the Cash4Fundraising Facility; 2.1.13 “ShopWindow Toolset” means the ShopWindow application which the Cash4Fundraising Facility uses to utilise data pertaining to the Products and all links associated with such data; 2.1.14 "Visitor" means any person or entity that uses the Participant’s Website to obtain data about Products. 3 PARTICIPANT’S WARRANTIES 3.1 The Participant warrants that it is a charitable or “not for profit” entity. 3.2 The Participant warrants that it participates in the “Affiliate Window Program” and that it is a party to the terms and conditions of the Affiliate Service Agreement. 4 THE SHOPWINDOW TOOLSET 4.1 The Cash4Fundraising Facility enables Participants to use the ShopWindow Toolset to raise money. 4.2 By accessing any particular Participant’s Page the Visitors will be given access to the ShopWindow Toolset. If Products are consequentially bought by Customers then the Merchant will pay a Commission to DWL which (in accordance with the Affiliate Service Agreement) will be shared between DWL and the Participant. The Participant will retain its share of the Commission. 5 THE PARTICIPANT’S PAGE 5.1 The Participant will have sole responsibility for designing and maintaining the Participant’s Page. The Participant will chose the Format which the Participant’s Page will display. 5.2 The Participant’s Page will be tailor made by the Participant using the Cash4Fundraising Facility so that, to the extent possible, the Participant’s Page displays the Format. 5.3 The Participant recognises that its Participant’s Websites will have to incorporate the PHP scripting language in order to use the Cash4Fundraising Facility. 5.4 The Participant will have the opportunity not to offer for sale or to advertise via the Cash4Fundraising Facility certain Products or Categories. 6 NEWSLETTERS 6.1 Participants will be able to use the Cash4Fundraising Facility to assemble a Newsletter. 6.2 The Participant will be responsible for ensuring that the content of the Newsletter is accurate, and does not contain obscene or defamatory information or any thing which infringes the rights of any third party. 6.3 Any Newsletter will be tailor made by the Participant using the facilities on the Cash4Fundraising Facility so that, to the extent possible, the Newsletter displays the Format. 6.4 Upon receipt of the Participant’s instructions DWL will send the Newsletter to the Visitors but the Participant acknowledges that DWL will at its discretion determine the frequency with which the Newsletters can be sent to the Visitors. 7 DWL‘S ROLE 7.1 DWL will (via the AWL application programming interface) regularly make available to the Participant: 7.1.1 details of any Commissions paid to the Participant by DWL; 7.1.2 details of any Commissions which are pending (i.e. the Customer has bought a Product in respect of which the Merchant has yet to “validate” the sale). 7.2 DWL will at its discretion determine the regularity with which the information is provided to the Participants pursuant to clause 7.1. 7.3 DWL will compile a list of all Visitors which have consented to receive Newsletters. 7.4 DWL will procure that Newsletters are transmitted to the Visitors in accordance with clause 6.4. 7.5 DWL covenants to the Participant to abide by the DPA when handling personal data pertaining to the Visitors. 7.6 DWL grants the Participant a royalty free, non exclusive licence to use the Cash4Fundraising Facility, the ShopWindow Toolset and the Brand. 8 THE PARTICIPANT’S ACKNOWLEDGEMENTS 8.1 The Participant covenants to DWL to abide by the provisions of the DPA when handling, processing or transmitting personal data of any Visitors. 8.2 DWL offer no advice regarding Charity law, the requirements of the Charity Commissioners or accountancy regimes which charities (or the “not for profit” sector) have to follow and each Participant will be responsible for adhering to these requirements. 8.3 DWL shall from time to time and without consultation, monitor and then consequentially adjust the number of calls that each Participant’s Website is able to make to the DWL servers. This is to ensure that the capacity of the Cash4Fundraising Facility is fairly shared between all the Participants. 8.4 DWL is not responsible for the accuracy or otherwise of any data (1) provided by DWL pursuant to clause 7.1; or (2) displayed on the Shop Window Toolset as such data will be provided to DWL by the Merchants. 8.5 The Participant acknowledges that there will be a delay between the time when a Customer buys a Product and the time when the Commission is paid by DWL to the Participant and that the length of the delay in question will be determined by how promptly the Merchant validates the sale and then pays DWL. The provisions of clause 5 of the Affiliate Service Agreement will govern the payment of Commissions by DWL. 9 TERM AND TERMINATION 9.1 In addition to the provisions of the Affiliate Service Agreement DWL can terminate this Participation Agreement without notice if (1) in any six month period no new Commissions are earned; (2) the Participant’s Website is not operational at any time. 9.2 The Participant can choose to terminate this Participation Agreement by removing the Cash4Fundraising Facility from the Participant’s Website. 10 CONSEQUENCES OF TERMINATION 10.1 Upon the termination of this Participation Agreement the Participant shall immediately remove the Cash4Fundraising Facility from the Participant’s Website. 10.2 The licence granted by DWL pursuant to clause 7.6 will be terminated. 10.3 For the six months following the termination of this Participation Agreement the Participant will not be able to have any commercial dealings (unless such dealings are made through other programs operated by DWL) with any Merchant introduced to the Participant by DWL. 10.4 The Participant acknowledges the provisions of clause 8.3 of the contract DWL enters into with the Merchants and accordingly the Participant covenants to DWL to do nothing to encourage, permit or induce any Merchant to breach the provisions of that clause 8.3.

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