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EPC Network and Donor-Donee
Terms and Conditions

I. Every Penny Counts, Inc. is a NJ Corporation that operates a private clearinghouse called the “EPC Network    

“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 supermarkets.

II. AutoGive – Under this agreement the “EPC NETWORK” will not act as a professional fundraiser, but instead it will provide licensed “NPO” organizations with a turnkey program to directly solicit funds from supermarkets.

III. Donated Funds Sent to NPO Organizations - 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

AutoGive - Over the past five years, the EPC AutoGive program has provided participating supermarkets with new customers, returned former customers, and minimized the cross shopping of core customers.The AutoGive program is presently being offered in Food Circus Foodtowns under the following conditions:

The Food Circus Foodtown AutoGive program sends registered NPOs 1% of their supporters’ spending in any Food Circus Foodtown after deducting all coupons, discounts, gift certificates, credits, and sales tax.

Food Circus pays the EPC Network a separate fee for its licensing, marketing, and operating costs.

V. EPC Services to NPO Groups includes the following:

• Licensing rights to the AutoGive program
• Donee Enrollment services
• Donor Enrollment services
• EPC Marketing support for Donees
• Reporting Services to Donees
• EPC Website services for 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” hereby agree that they will not distribute or sell any of their supporter’s personal shopping information -- it receives from the AutoGive program, e.g. email addresses, shopping information, etc. 

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 monthly or 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 the AutoGive program. 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 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. 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