Fundraising Agreement Terms & Conditions of Fundraising Program Your organization can benefit from a partnership with TellStar!
This agreement describes the entire terms and conditions for participation in TellStar Fundraising Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to TellStar. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refers to TellStar and the terms "sale" or "sales" refers to Internet Access. You can add or remove links at any time: You may add as many links to TellStar, or remove such links, at anytime and without prior approval from TellStar Donation on Qualifying Sales: Internet Access sold by TellStar originating from a special link or links at your sponsoring website or from other means that causes your promotional code to be used during the sign-up process qualify to earn you donations. The following sales will be considered "qualifying sales": Sales that meet the following criteria: ü     Internet access sold to customers who follow a special link from your sponsoring website to our site or use sign-up software and sign-up using your assigned promotional code. ü     Internet access sold to customers using our toll-free customer support center using your assigned promotional code. The following sales will not be considered qualifying sales for referral fees: ü     Internet access sold through any other special link to our site other than the specific URL's that you are assigned to your sponsoring website or any sign-ups where your promotional code was not used during the sign-up process. Donation Amount: The amount donated to Participant for each Internet Access sign-up is dependent upon the price charged the customer. Although TellStar’s retail price is $19.95/month with no set-up fee, the Participant may choose a retail price that is between $17.95-$21.95/month with a one-time set-up fee of $0-$20.00. TellStar will donate 100% of all one-time set-up fees collected and all amounts collected above the wholesale cost of $16.95/month. Monthly donations are contributed for as long as the customer maintains an active Internet Access account, for the life of that account. The table below shows the donation amount contributed to Participant based upon the retail price the Participant selects: Retail Price Monthly Donation $21.95/month $5.00/month $20.95/month $4.00/month $19.95/month $3.00/month $18.95/month $2.00/month $17.95/month $1.00/month Donation Payment: TellStar will hold contribution fees until the accumulative balance reaches a minimum of $30 or Participant terminates agreement, at which time TellStar will send a Contribution check for the applicable donations approximately 30 days after the 1st of each calendar month for the preceding month. A statement of customer activity of the Participant can be seen in real-time by visiting http://staff.tellstar.net/register and logging on using the promotional code and password assigned to you. Contributions: Cancellations: If a contribution qualifying sale is cancelled by the customer, the donation for that month and thereafter will not be paid. There are no partial or prorated Donation Payments. All of the rules, operating procedures and policies of TellStar regarding customer sign-ups will apply to sales we receive through special links on your sponsoring website or any other form where your promotional code has been used. TellStar reserves the right to reject any order that does not comply with our rules, operating procedures and policies. Tracking of Sales: TellStar will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website or sign-up through other means using your promotional code. The Participant will be solely responsible for ensuring that these special links are formatted properly and promotional codes used properly, a necessary prerequisite to tracking such sales. Statements of sales activity will be provided to the Participant in real-time by visiting http://staff.tellstar.net/register at anytime and logging on using the promotional code and password assigned to you. Promotional Techniques: You are free to promote TellStar Internet Access from your website, banners, text links, letters of recommendation to newsletters subscribers or your client base, in email to “opt-in” lists or as part of signature in normal e-mail correspondence, in print ads, articles, newsletters, flyers and any way you desire with two exceptions:      No SPAM: Basically, SPAM is the practice of sending mass email to individuals with which you do not currently have a relationship and who have not agreed to receive the message.      No Adult, Violence or Hate Material: We do not want our name and/or service associated with material that promotes pornography, violence or hate of any type at any time – ever. If TellStar receives complaints or learns that you are in violation of these two rules, your status with us and this agreement will be terminated immediately as well as all future referral fees. References/Testimonials: You agree to cooperate with TellStar in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website. Copyrighted material: As the Participant, you are solely responsible for ensuring that your reviews, products descriptions and articles obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. TellStar will not be responsible if you use another party's copyrighted material in violation of the law. TellStar policy applies to all orders: Every customer who signs up through this program is deemed to be a customer of TellStar. The Participant does not have the authority to make or accept any offer on behalf of TellStar. All TellStar policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. TellStar is not responsible for any representations made by the Participant which contradict our policies. Product prices: The price charged for Internet Access sold under this program will be determined by the Participant within the range provided by TellStar according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on TellStar sign-up webpage linked from your sponsoring website. Website service interruption: TellStar will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold TellStar liable for any of the consequences of such interruptions. Trademarks, Trade Names, & Patents: You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these services. We grant you the right to our Trademarks and Trade Names in connection with marketing and sales of these services. Term of the Agreement: The Participant may receive contributions on qualifying sales that are placed during the term of this agreement. This term will begin on the date that your application is approved by TellStar and shall end when canceled by either party as provided below. Contributions earned through the date of expiration or cancellation of this agreement will remain payable under the terms, conditions and rules of this Agreement. Payment of the final contribution payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid. The agreement may be modified: TellStar reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website. Cancellation of this agreement: Either TellStar or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other. Dispute Resolution: The parties to this Agreement shall first try to come to a settlement of any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof. If the parties fail to settle any such matter, such matter shall be finally settled in accordance with the Commercial Rules of Arbitration of the American Arbitration Association in effect at the time, and judgment upon the award rendered may be entered in any court of competent jurisdiction. Arbitration proceedings shall be conducted in Minneapolis, MN. The non-prevailing party shall be responsible for the expense of arbitration. The parties agree not to institute any litigation or proceedings against either other in connection with this Agreement. Stuff only lawyers can understand (but it's part of the agreement): Warranty Disclaimer: TellStar makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in The TellStar's then current product sales policies, any products sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. Limitation of Damages: TellStar shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if TellStar has been advised of the possibility of such damages. Further, TellStar's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total contributions paid or payable by TellStar to Participant under this agreement. Miscellaneous: Participant and TellStar are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of TellStar. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. Governing Law: This agreement shall be governed by the laws of the United States and Canada without reference to its choice of law principles. By submitting an application for Fundraising Status with TellStar, you accept and are bound by the terms, conditions and rules of this program. Fundraising  |  Application  |  Operating Agreement  |  Graphics