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EPC Network and Donor-Donee Terms and Conditions

I. Every Penny Counts, Inc. is a Delaware Corporation that operates a private clearinghouse called the “EPC Network”. The network provides US. Patented technology, products, services, and programs to benefit its licensed members (see below):

Individuals - Consumers / Supporters who are donors and users of other EPC services
NPO Organizations - Schools, Churches, Local and National Groups
Service Providers – Banks, Credit Card Issuers, and Merchants

In connection with its Individual Members who make donations to licensed NPOs, the “EPC Network” facilitates the donor-donee relationship by providing donors with the opportunity to give to EPC qualified nonprofit organizations. The “EPC Network’s” primary purpose is to provide a service to donors and their selected “NPOs”. The “EPC Network” provides ease, convenience, and U.S. patented technology for the donor-donee relationship.    

“NPOs” that qualify to join the “EPC Network” will be licensed with the rights to use the network as an electronic fundraising vehicle to solicit and receive contributions from other network members, i.e. individuals, merchants, banks, and card issuers.

Under this agreement the “EPC NETWORK” will not act as a professional fundraiser, but instead it will provide licensed “NPO” organizations with turnkey programs, products, and services to directly solicit funds from other “EPC NETWORK” licensed members, i.e. individuals, supermarkets, merchants, banks, and card issuers.

II. Products and Programs – Under the terms and conditions expressed in this agreement, the “EPC Network” will license “NPOs” to solicit donations from supporters using a variety of EPC patented products. The first program available to “NPOs” is the EPC Rounder.

III. Donated Funds Sent to NPO Organizations - Depending upon the number of programs used, after EPC deducts its nominal Administrative Costs (described in Section IV below), the “Nonprofit Organization” will receive donations directly into its checking account (ACH deposit) on a monthly or quarterly basis, without interest.

IV. EPC Administrative Costs - From the funds donated by the bank customers, EPC is charging the licensed nonprofits a 25% administrative charge on the funds raised for providing the following services to the Donor-Donee relationship. Go to NPO EPC Fees to see a comparison to other fundraisers.

V. EPC Services to NPO Groups includes the following:

• Licensing rights to U.S. Patented products and programs
• Donee Enrollment services
• Donor Enrollment services
• EPC Marketing support for Donors
• Reporting Services to Donors and Donees
• EPC Website services for Donors and Donees
• NPO Help Desk services for Donors and Donees
• ACH distribution of donations to the Donees’ checking accounts

VI. Identification/Qualifications - In order to be licensed by the “EPC NETWORK”, the “NPO” must provide its legal name and address and federal tax identification number. At the sole discretion of “EPC NETWORK”, disqualification as a “NPO” in the “EPC Network” shall occur upon thirty days written notice in the following instances: (i) loss of IRS tax-exempt status by the “NPO”, (ii) failure by the “NPO” to accumulate at least $100.00 of donated funds during a calendar year, (iii) any breach of this Agreement by the “NPO”, (v) any illegal or immoral conduct attributed to the ”NPO” or any of its members or representatives, or (vi) if the ”NPO” is the recipient of adverse publicity, as determined by the sole discretion of “EPC NETWORK”.

VII. Privacy - “NPOs” that enroll here and the “EPC Network” both agree that they will not distribute or sell any of supporter personal information, e.g. names, email addresses, etc. -- unless a supporter requests an EPC product. By requesting an EPC product, supporters agree to have EPC release supporter identification information to potential Service Providers.

VIII. Term/Termination Rights - This Agreement shall remain in effect until terminated by either party. Termination of this Agreement shall be effective upon thirty (30) days written notice to the other party. Upon termination of this Agreement, “EPC NETWORK” shall disconnect the “NPO” from the “EPC Network” and a final distribution shall be made to the “NPO” at the next regularly scheduled quarterly payment date.

IX. Advertising - “EPC NETWORK” shall have the limited and nonexclusive right to use the name, trademark, and logo of the “NPO” on its web page at the “EPC NETWORK”. “NPO” shall have the limited and nonexclusive right to use the name, trademark, and logo of “EPC NETWORK” in its marketing and promotional materials.

X. State/Federal Fundraising Regulations - Nothing contained in this Agreement shall be construed to constitute that “EPC NETWORK” is rendering fundraising services on behalf of the “NPO” in any respect. “EPC NETWORK” is not, nor does it intend to become, a professional fundraiser. In return for the payment of its processing and licensing fees, “EPC NETWORK” permits “NPO” organizations to enroll as a “NPO” in the “EPC Network” for the purposes of contacting, enrolling, and soliciting its supporters in a number of fundraisers. In no event shall “EPC NETWORK” directly solicit contributions or become compensated for the solicitation of contributions from supporters. “NPOs” are the entities that request and receive the donations. In lieu thereof, “EPC NETWORK” agrees to be a conduit of donations on behalf of the “NPO”. Therefore, “NPO” will need to comply with any and all applicable state or federal fundraising regulations.  

XI. “NPO” Representations - The “NPO” represents that it is a tax-exempt organization in good standing, and properly registered as may be required by law.

XII. IN NO EVENT SHALL “EPC NETWORK” HAVE ANY LIABILITY TO THE “NPO” FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE, AND WHETHER OR NOT “EPC NETWORK” HAS BEEN ADVISED OF THIS POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL “EPC NETWORK” LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE SUM OF DONATIONS/REBATES ACTUALLY PAID TO THE “NPO”.

XIII. “EPC NETWORK” OBLIGATION TO DELIVER FUNDS TO THE “NPO” IS EXPRESSLY CONDITIONED UPON THE “EPC NETWORK” RECEIVING FUNDS FROM THE PARTICIPATING EPC LICENSED MERCHANTS, BANKS, CARD ISSUERS, OR SERVICE PROVIDERS. THE “EPC NETWORK” MAKES NO ADDITIONAL PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ITS PROGRAMS OR PRODUCTS OTHER THAN WHAT IS STATED ABOVE.

XIV. Assignment - No right or obligation of “NPO” under this Agreement shall be assigned, delegated or otherwise transferred. “EPC NETWORK” may, however, assign its rights and obligations under this Agreement with prior notice to the “NPO”.

Our organization has read and agrees to the above stated terms and conditions.

Please Enroll Our Organization