Agreements

By checking the "Accept" box below, you the merchant agree that the effective date of the applicable agreement is the date on which you check such below box.

Introduction

USA Merchant Agreement

This Agreement is made between The Give Back Campaign Inc and the Merchant in connection with Merchant's participation in the Give Back Campaign and associated program.

Definitions

For all purposes of this agreement the following terms have the following meaning:
"The Give Back Campaign Inc" means The Give Back Campaign Inc.
"Agreement" means this agreement together with The Give Back Campaign Inc Merchant Application form.
"Term" means a period of 12 months from the date of acceptance by The Give Back Campaign Inc
"Applicable Law" means all applicable laws of any jurisdiction including securities laws, tax laws, tariff and trade laws, ordinances, judgments, decrees, injunctions, writs and orders, interpretations, licenses and permits of any governmental authority.
"Supporter" means an individual with whom the Merchant conducts business through The Give Back CampaignTM.
"Employee" means an individual who is on a Merchant's payroll or is authorised to act on behalf of the merchant.
"Services" means products and items supplied by The Give Back Campaign Inc as part of this agreement.
"Fees" means monies owed to The Give Back Campaign Inc for the provision of The Give Back Campaign programs.
"Transaction Fees" means 3% of every transaction processed via The Give Back Campaign Inc system plus all applicable taxes.
"Annual Fee" means an annual fee charged from The Give Back Campaign Inc for the provision of continuation of the Give Back Program, data collection, reports and customer management services
"Agents" means Independent Sales Agents who may be contracted by The Give Back Campaign Inc to represent it in the establishment and roll out and ongoing promotion of The Give Back Campaign program
“PFP Plan” means the Pay-For-Performance method of merchant fees, including 3% of the consumer purchase as the only mandatory Merchant fee. All other fees are optional and discretionary and pertain to Give Back Campaign services provided on an a la carte basis. Call The Give Back Campaign or your Reseller for additional details of the PFP Plan.
A. All advertising and promotional material using The Give Back Campaign Inc, thegivebackcampaign.com, or any other Give Back Campaign Inc trademarks or logos is subject to The Give Back Campaign Inc's prior written consent. Any unauthorized use of such trademarks constitutes a material breach of this Partner Agreement and is an infringement of The Give Back Campaign Inc's rights. The Merchant will not have any ownership or interest in these trademarks and acknowledges that any unauthorized use will lead to possible legal action.
B. The Merchant will indemnify, defend and hold harmless The Give Back Campaign Inc, its directors, shareholders, affiliates, their officers, directors, agents and employees from and against any and all claims, losses, damages, lawsuits, judgments costs and expenses (including all reasonable legal expenses) arising out of or relating to its incentive and marketing program or its performance, non performance or improper performance of The Give Back Campaign program including without limitation any claim by a supporter of The Give Back Campaign program of a Merchant's breach violation or failure to comply with The Give Back Campaign Inc Program.
C. Every transaction created by a Merchant will be retained for a period of ten years from its date of transaction. Merchants will direct all enquiries about the Give Back Campaign program to www.givebackcampaign.com.
D. Merchants shall cooperate with all reasonable requests from The Give Back Campaign Inc concerning any investigation and / or prosecution of anyone engaging in or suspected of engaging in abuse or fraud of The Give Back Campaign Inc program and cooperating with any civil or criminal prosecution. The Give Back Campaign, Inc. shall not be held liable for any use of The Give Back CampaignTM program other than for its’ lawful, intended purpose.
E. The Give Back Campaign Inc shall not be liable for delays or failure in its performance hereunder caused by an Act of God, War or Strike, Labor Dispute, Work Stoppage, Fire, Act of Government or any other cause whether similar or dissimilar beyond its control.
F. This is a non-exclusive agreement and The Give Back Campaign Inc may deliver this program to other partners
G. Nothing contained herein shall be deemed to create an association, partnership, joint venture or relationship of principle and agent or master and servant between parties hereto or any affiliates or subdirectories thereof, or to provide either party with the right, power or authority whether expressed or implied to create any such duty or obligation on behalf of the other party.
H. The Give Back Campaign Inc may suspend or cancel the Give Back Campaign or Merchant's participation in The Give Back Campaign Program at any time upon notification to the Merchant. In such an event, the Merchant shall promptly return to The Give Back Campaign Inc all corporate information and case using all apps or accessing the website. Cancellation of The Give Back CampaignTM program must be in writing to The Give Back Campaign, Inc., 10842 Ridge Spring Dr Dallas TX 75218 and an acknowledgement from The Give Back CampaignTM must be received by the program participant prior to the termination of services and billing. Cancellation notices addressed to the program participants’ merchant service provider are invalid.
I. Merchants will pay The Give Back Campaign Inc according to the following guidelines. All transactions unless advised in writing will be charged to each Merchant in USD at a rate of 3% per transaction plus all applicable taxes. Merchants may be required to run a Prepaid Donation as determined by The Give Back Campaign, Inc. Merchants will be required to make funds available on demand for any outstanding monies owed outside the normal terms and conditions negotiated at the time of this agreement.
Give Back Campaign minimum donation/fees for transactions under $5.00 is $0.40. The minimum Donation Point charitable donation amount is $10.00.
In the event of insufficient funds being made available to meet these obligations, the Merchant will be given 7 days in which to remedy the deficiency. Should the account remain outstanding the Merchant acknowledges that they will be suspended temporarily from the program and such notification made known to all The Give Back Campaign Organisations and Supporters. Any fees owing will then be collected through legal channels if required and the Merchant agrees to pay all legal costs relating to the recovery of outstanding fees.
All fees due to The Give Back Campaign Inc including late fees are payable within the credit terms advised on the first invoice issued. In the event of a merchant being suspended or ceasing to be a participant in The Give Back Campaign the full balance of the prepaid account minus any obligations will be refunded.
The Give Back CampaignTM must be advised of any change in merchant name, address, ownership or ACH (banking) information, Non-payment of fees for any reason may be cause for the suspension of services; non-payment as a result of program participant NSF or Uncollected Funds shall incur a $25.00 (or the maximum allowed by law) service fee. Billing and transfers for fees normally falls on the first business day of the month following the month being billed.
J. The Give Back Campaign Inc reserves to right to make pricing changes to all fees charged as part of this agreement.
K. The Give Back Campaign Inc and its affiliates are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between The Give Back Campaign Inc and the Merchant. The goods and services provided hereunder would not be provided without such limitations. Some state statutes may apply regarding limitations of liability.
L. The sole and entire maximum liability of The Give Back Campaign Inc for any reason, and a Merchant's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by a Merchant in the given transaction. Any cause of action by bra Merchant must be instituted within six (6) months from the date of the transaction in question or be forever waived and barred.
M. The goods or services provided hereunder are provided "as-is," "as available," and all warranties, express or implied, are disclaimed (including but not limited to any implied warranties of merchantability and fitness for a particular purpose). The Give Back CampaignTM makes no warranty of service, express or implied, and cannot be held liable for any failure of service beyond its’ control, including, but not limited to, network operations, telephone and Internet service outages, equipment failure, vendor performance, etc. The Give Back CampaignTM advises all users of the program that maintenance of the system may be required. From time to time, or in the case of emergencies, the system may be taken offline. Every effort will be made by The Give Back CampaignTM to minimize disruption to users.
N. This agreement shall be governed by and construed in accordance with the laws of the State of Nevada, USA. By signing the Merchant agrees to these terms and conditions as stated above. This application for service shall be governed and construed in all respects in accordance with the substantive laws of the State of Nevada and all litigation arising out of this application for service shall be commenced in the state or federal courts sitting in Clark County, Nevada.
O. All information captured by The Give Back Campaign Inc is private and confidential. Any illegal use of any of the captured data by any Merchant will lead to that partner being terminated. Any contravention of any federal or state laws by any Merchant will be fully prosecuted. Every Merchant agrees to indemnify The Give Back Campaign Inc for any illegal acts performed by their company, individuals or persons acting upon their behalf.
P. In case either of the parties is totally or partially unable to fulfil one or more of the contract obligations as a result of acts or occurrences beyond the control, though partial, of the party involved such as, but not limited to, actions, omissions, impositions by local federal or national government authorities, fire, flood, earthquake and other natural disasters, Acts of God, war, revolution, strike, fuel shortages, shortage of raw materials, the party involved will be totally or partially relieved from fulfilling its contract obligations during the period of force majeure, provided that the party involved notifies the other party of the circumstances as soon as reasonably possible.
Q. This Merchant Agreement and application for service constitutes the entire agreement between the Merchant and The Give Back Campaign Inc with respect to the subject matter hereof and supercedes all prior or contemporaneous agreements or understandings, if any, whether written or oral, relating to such subject matter. This agreement shall be effective or enforceable until accepted by The Give Back Campaign Inc at its headquarters in Dallas, Texas. Such acceptance by The Give Back Campaign Inc shall be signified only by the placing of Merchant information on and in The Give Back Campaign Inc Merchants Area posted at www.thegivebackcampaign.com at which time this agreement shall become effective or binding unless made in writing and signed by both parties.



Australian Merchant Agreement

This Agreement is made between The Give Back Campaign Pty Ltd and the Merchant in connection with Merchant's participation in the Give Back Campaign and associated program.

Definitions

For all purposes of this agreement the following terms have the following meaning:
"The Give Back Campaign Pty Ltd" means The Give Back Campaign Pty Ltd ABN 75 158 085 815.
"Agreement" means this agreement together with The Give Back Campaign Pty Ltd Merchant Application form.
"Term" means a period of 12 months from the date of acceptance by The Give Back Campaign Pty Ltd
"Applicable Law" means all applicable laws of any jurisdiction including securities laws, tax laws, tariff and trade laws, ordinances, judgments, decrees, injunctions, writs and orders, interpretations, licenses and permits of any governmental authority.
"Supporter" means an individual with whom the Merchant conducts business through The Give Back CampaignTM.
"Employee" means an individual who is on a Merchant's payroll or is authorised to act on behalf of the merchant.
"Services" means products and items supplied by The Give Back Campaign Pty Ltd as part of this agreement.
"Fees" means monies owed to The Give Back Campaign Pty Ltd for the provision of The Give Back Campaign programs.
"Transaction Fees" means 3% of every transaction processed via The Give Back Campaign Pty Ltd system plus all applicable taxes.
"Annual Fee" means an annual fee charged from The Give Back Campaign Pty Ltd for the provision of continuation of the Give Back Program, data collection, reports and customer management services
"Agents" means Independent Sales Agents who may be contracted by The Give Back Campaign Pty Ltd to represent it in the establishment and roll out and ongoing promotion of The Give Back Campaign program
“PFP Plan” means the Pay-For-Performance method of merchant fees, including 3% of the consumer purchase as the only mandatory Merchant fee. All other fees are optional and discretionary and pertain to Give Back Campaign services provided on an a la carte basis. Call The Give Back Campaign or your Reseller for additional details of the PFP Plan.
A. All advertising and promotional material using The Give Back Campaign Pty Ltd, thegivebackcampaign.com, or any other Give Back Campaign Pty Ltd trademarks or logos is subject to The Give Back Campaign Pty Ltd's prior written consent. Any unauthorized use of such trademarks constitutes a material breach of this Partner Agreement and is an infringement of The Give Back Campaign Pty Ltd's rights. The Merchant will not have any ownership or interest in these trademarks and acknowledges that any unauthorized use will lead to possible legal action.
B. The Merchant will indemnify, defend and hold harmless The Give Back Campaign Pty Ltd, its directors, shareholders, affiliates, their officers, directors, agents and employees from and against any and all claims, losses, damages, lawsuits, judgments costs and expenses (including all reasonable legal expenses) arising out of or relating to its incentive and marketing program or its performance, non performance or improper performance of The Give Back Campaign program including without limitation any claim by a supporter of The Give Back Campaign program of a Merchant's breach violation or failure to comply with The Give Back Campaign Pty Ltd Program.
C. Every transaction created by a Merchant will be retained for a period of ten years from its date of transaction. Merchants will direct all enquiries about the Give Back Campaign program to www.givebackcampaign.com.
D. Merchants shall cooperate with all reasonable requests from The Give Back Campaign Pty Ltd concerning any investigation and / or prosecution of anyone engaging in or suspected of engaging in abuse or fraud of The Give Back Campaign Pty Ltd program and cooperating with any civil or criminal prosecution. The Give Back Campaign, Pty Ltd. shall not be held liable for any use of The Give Back CampaignTM program other than for its’ lawful, intended purpose.
E. The Give Back Campaign Pty Ltd shall not be liable for delays or failure in its performance hereunder caused by an Act of God, War or Strike, Labor Dispute, Work Stoppage, Fire, Act of Government or any other cause whether similar or dissimilar beyond its control.
F. This is a non-exclusive agreement and The Give Back Campaign Pty Ltd may deliver this program to other partners
G. Nothing contained herein shall be deemed to create an association, partnership, joint venture or relationship of principle and agent or master and servant between parties hereto or any affiliates or subdirectories thereof, or to provide either party with the right, power or authority whether expressed or implied to create any such duty or obligation on behalf of the other party.
H. The Give Back Campaign Pty Ltd may suspend or cancel the Give Back Campaign or Merchant's participation in The Give Back Campaign Program at any time upon notification to the Merchant. In such an event, the Merchant shall promptly return to The Give Back Campaign Pty Ltd all corporate information and case using all apps or accessing the website. Cancellation of The Give Back CampaignTM program must be in writing to The Give Back Campaign, Pty Ltd., PO Box 1342 Sunnybankl Hills Qld 4109 and an acknowledgement from The Give Back CampaignTM must be received by the program participant prior to the termination of services and billing. Cancellation notices addressed to the program participants’ merchant service provider are invalid.
I. Merchants will pay The Give Back Campaign Pty Ltd according to the following guidelines. All transactions unless advised in writing will be charged to each Merchant in USD at a rate of 3% per transaction plus all applicable taxes. Merchants may be required to run a Prepaid Donation as determined by The Give Back Campaign, Pty Ltd. Merchants will be required to make funds available on demand for any outstanding monies owed outside the normal terms and conditions negotiated at the time of this agreement.
Give Back Campaign minimum donation/fees for transactions under $5.00 is $0.40. The minimum Donation Point charitable donation amount is $10.00.
In the event of insufficient funds being made available to meet these obligations, the Merchant will be given 7 days in which to remedy the deficiency. Should the account remain outstanding the Merchant acknowledges that they will be suspended temporarily from the program and such notification made known to all The Give Back Campaign Organisations and Supporters. Any fees owing will then be collected through legal channels if required and the Merchant agrees to pay all legal costs relating to the recovery of outstanding fees.
All fees due to The Give Back Campaign Pty Ltd including late fees are payable within the credit terms advised on the first invoice issued. In the event of a merchant being suspended or ceasing to be a participant in The Give Back Campaign the full balance of the prepaid account minus any obligations will be refunded.
The Give Back CampaignTM must be advised of any change in merchant name, address, ownership or ACH (banking) information, Non-payment of fees for any reason may be cause for the suspension of services; non-payment as a result of program participant NSF or Uncollected Funds shall incur a $25.00 (or the maximum allowed by law) service fee. Billing and transfers for fees normally falls on the first business day of the month following the month being billed.
J. The Give Back Campaign Pty Ltd reserves to right to make pricing changes to all fees charged as part of this agreement.
K. The Give Back Campaign Pty Ltd and its affiliates are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between The Give Back Campaign Pty Ltd and the Merchant. The goods and services provided hereunder would not be provided without such limitations. Some state statutes may apply regarding limitations of liability.
L. The sole and entire maximum liability of The Give Back Campaign Pty Ltd for any reason, and a Merchant's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by a Merchant in the given transaction. Any cause of action by bra Merchant must be instituted within six (6) months from the date of the transaction in question or be forever waived and barred.
M. The goods or services provided hereunder are provided "as-is," "as available," and all warranties, express or implied, are disclaimed (including but not limited to any implied warranties of merchantability and fitness for a particular purpose). The Give Back CampaignTM makes no warranty of service, express or implied, and cannot be held liable for any failure of service beyond its’ control, including, but not limited to, network operations, telephone and Internet service outages, equipment failure, vendor performance, etc. The Give Back CampaignTM advises all users of the program that maintenance of the system may be required. From time to time, or in the case of emergencies, the system may be taken offline. Every effort will be made by The Give Back CampaignTM to minimize disruption to users.
N. This agreement shall be governed by and construed in accordance with the laws of the State of Nevada, USA. By signing the Merchant agrees to these terms and conditions as stated above. This application for service shall be governed and construed in all respects in accordance with the substantive laws of the State of Nevada and all litigation arising out of this application for service shall be commenced in the state or federal courts sitting in Clark County, Nevada.
O. All information captured by The Give Back Campaign Pty Ltd is private and confidential. Any illegal use of any of the captured data by any Merchant will lead to that partner being terminated. Any contravention of any federal or state laws by any Merchant will be fully prosecuted. Every Merchant agrees to indemnify The Give Back Campaign Pty Ltd for any illegal acts performed by their company, individuals or persons acting upon their behalf.
P. In case either of the parties is totally or partially unable to fulfil one or more of the contract obligations as a result of acts or occurrences beyond the control, though partial, of the party involved such as, but not limited to, actions, omissions, impositions by local federal or national government authorities, fire, flood, earthquake and other natural disasters, Acts of God, war, revolution, strike, fuel shortages, shortage of raw materials, the party involved will be totally or partially relieved from fulfilling its contract obligations during the period of force majeure, provided that the party involved notifies the other party of the circumstances as soon as reasonably possible.
Q. This Merchant Agreement and application for service constitutes the entire agreement between the Merchant and The Give Back Campaign Pty Ltd with respect to the subject matter hereof and supercedes all prior or contemporaneous agreements or understandings, if any, whether written or oral, relating to such subject matter. This agreement shall be effective or enforceable until accepted by The Give Back Campaign Pty Ltd at its headquarters in Brisbane, Australia. Such acceptance by The Give Back Campaign Pty Ltd shall be signified only by the placing of Merchant information on and in The Give Back Campaign Pty Ltd Merchants Area posted at www.thegivebackcampaign.com at which time this agreement shall become effective or binding unless made in writing and signed by both parties.