The Donor Tree is an online fundraising vendor; and you wish to engage The Donor Tree to perform services for you under the terms and conditions contained herein.
a.You hereby engage The Donor Tree to provide the technology software services of The Donor Tree, LLC, for you and specifically to: process donations from supporters, track the progress of funds donated and raised through the Online Bumper Sticker. ®
b.You agree to compensate The Donor Tree for online fundraising and tracking services.
c.This agreement shall begin effective upon the date agreed below and shall end upon written notice of termination by you. Upon submission, The Donor Tree will terminate its work within 30 days and provide a final accounting of payment to you. All other terms of the contract will remain binding.
The Donor Tree shall finance its own operations and shall operate as an independent contractor and not as your agent. Nothing contained herein or elsewhere shall give rise to, or be construed to create, any partnership, joint venture or employer-employee relationship between you and The Donor Tree, nor between The Donor Tree and your employees, agents or independent contractors.
3.METHOD OF PAYMENT
a.The Donor Tree shall collect all revenue on your behalf and shall deduct The Donor Tree’s portion of such revenue prior to remitting the remaining funds to you. Your payouts will take place on or before the fifth day and 20th day of each month.
b.With each disbursement, The Donor Tree will render a written statement of account to you, setting out details of all gross receipts received by The Donor Tree on your behalf and deductions from gross receipts for The Donor Tree’s compensation or reimbursement of expenses.
If you fail, or if The Donor Tree suspects that you have failed, to comply with any of the provisions of this Agreement, The Donor Tree, at its sole discretion, without notice to you may: terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of the termination.
5.DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
The Donor Tree does not guarantee, represent or warrant that your use of the online service will be uninterrupted or error-free.
6.CONFIDENTIALITY AND NONCOMPETITION
a.You understand that The Donor Tree’s business is of a sensitive nature and will involve information and practices that are confidential and proprietary to The Donor Tree. You covenant and agree not to use any confidential information in competition with The Donor Tree received by it during the course of this Agreement with regard to the affairs of The Donor Tree. Confidential information shall not include any information that (i) is known generally to the public other than as a result of unauthorized disclosure by you, (ii) becomes available to you on a non-confidential basis from a source other than The Donor Tree, or (iii) was available to you on a non-confidential basis prior to its disclosure to You by The Donor Tree.
b.You covenant and agree that during the term of this Agreement and for a period ending one (1) year from the termination date, that you will not consult, be employed by, or hold ownership in a business competitive with the business of The Donor Tree.
c.This paragraph 4 shall survive the termination of this agreement.
a.All notices, demands, requests, or any other communication provided for herein shall be given in writing by registered or certified mail, return receipt requested. Such notices shall be addressed to the requisite party at such party's last known address, or to such other address as any party may have furnished to the other in writing in accordance herewith. Notice shall be effective upon three (3) business days after deposit in the U. S. mails.
b.The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and the Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. No change or modification of this Agreement shall be valid unless it is in writing and signed by all parties. This Agreement supersedes all prior agreements between the parties relating to its subject matter. There are no other understandings or agreements between them concerning the subject matter. No delay or failure by a party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. The provisions of this Agreement shall be binding upon and inure to the benefit of each of the parties and their respective successors and assigns.
c.This Agreement is in accordance with the laws of the State of Mississippi.
d.The parties each consent to the exercise of personal and subject matter jurisdiction by the courts of the State of Mississippi located in the County of Hinds and the United States Federal Court sitting in the Southern District of Mississippi with respect to any disputes, suits, legal actions or proceedings which are permitted hereunder to be determined by a court, and each agree that they will not commence any permitted action in any court other than the above noted courts. The parties each irrevocably waive any objection which they may now or hereafter have to the laying of venue of any permitted action commenced in any of the above noted courts has been brought in an inconvenient forum.