KSA Partnership Program Terms
The following terms and conditions (“Terms and Conditions”) contain important information regarding the KSA Partnership Program (the “Program”). The Terms and Conditions below are a binding agreement between you and KSA and will govern your participation in this Program:
1. Term. These Terms and Conditions are effective from the date upon which you receive notification from KSA that you have been accepted into the Program (“Effective Date”) and shall continue for one (1) year (“Term”). The Terms and Conditions may be renewed annually upon mutual agreement of both parties.
2. Agreement to Donate. As of the Effective Date until the end of the Term, you agree to provide a minimum of five percent (5%) of any and all sales to your customers who mention KSA or this Program (“Donation”). You agree to forward the Donation at such times and in such manner as indicated in your notification of acceptance by KSA. You agree to pay all costs associated with collecting and transmitting to KSA the Donation.
3. Use of KSA Name. You agree to pay all costs associated with developing and printing promotional and marketing material for this Program, and you further agree to designate the beneficiary of the Program as the Kehillah Schechter Academy. You agree that before you use, publish or disseminate any promotional and marketing materials that include or refer to SASSDS, that you will obtain written approval by SASSDS. You agree to include the following disclaimer on all such materials: “The South Area Schechter Day School name is used with its permission, but in no way constitutes an endorsement, express or implied, of any product, service, company or individual.” You also agree to include the following contact information: “For more information about the South Area Solomon Schechter Day School, please call The Institutional Advancement office at (781) 769-9400 or email Tracy Andryc.
4. Representation and Warranty. You represent and warrant that you will forward to KSA the Donation as described herein. You agree to indemnify, defend and hold KSA harmless, including its directors, employees, representative and agents, from and against any and all suits, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or relating in any way to your business and the fundraising activities described hereunder.
5. Charitable laws. You agree to comply with all federal, state and local charitable solicitation statutes, regulations and ordinances that affect or apply to you and the fundraising activities described hereunder.
6. Assignment. You agree that you shall not assign, subcontract or in any way transfer any of the obligations, duties or responsibilities under these Terms and Conditions without the prior consent of KSA.
7. Modification of Terms and Conditions. KSA reserves the right to modify these Terms and Conditions at any time, without notice to you, so it is important to check the Terms and Conditions periodically.
8. Termination. Either party may terminate these Terms and Conditions at its convenience, upon notice to the other party. In the event of termination, all funds collected prior to receipt of notice of termination , or funds not yet collected in connection with transactions entered into during the Term of this Agreement remain subject to these Terms and Conditions and must be remitted as specified above.
9. Breach. KSA may, in its sole and absolute discretion, take any and all actions it deems appropriate for breach or for taking any actions that are inconsistent with the intent of these Terms and Conditions, up to and including termination or suspension of participation in the Program.
10. Governing Law. The laws of The Commonwealth of Massachusetts shall govern these Terms and Conditions.
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