NBA-E

If your organization is selected to participate, you will be issued a password to be used in combination with your email address to access the website
Name
Street Address
City
State
Zip
Email address

Are you at least 21 years old and have legal capacity to enter a contract?	yes no
(You must be of legal age, and under no legal incapacity in order to register on behalf of your organization)

Name of organization
(Only bona fide non-profit youth organizations will be considered for participation)
Organization Contact Information
(Please provide the official address for your organization as registered with the state taxing authority)
Organization Address Line 1
Organization Address Line 2
City
State
Zip
Phone

Organization Leadership

(Please provide a listing of the offices and names of officeholders in your organization (i.e., officers, directors, trustees))

Approximate Number of Children Regularly Involved in Your Organization’s Activities

State Tax ID#
(You must provide a valid and verifiable non-exempt organization state tax ID number in order to complete registration. Should your organization be chosen for participation, you will also be required to provide a hard copy of your organization’s state tax exempt certificate prior to being allowed to participate)
Position with the organization
(By registering, you affirm that you are an authorized representative for the organization with authority to contract on behalf of the organization)

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING "I ACCEPT" AND REGISTERING YOUR ORGANIZATION, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU WILL NOT BE ALLOWED TO COMPLETE REGISTRATION WITHOUT ACCEPTING THESE TERMS. NBA-E GIFT CARDS FOR KIDS PROGRAM PARTNER AGREEMENT 1. Acceptance of Terms and Program Information Your access to, use of, and participation in the NBA E Gift Cards for Kids Program (hereinafter referred to as the "Program") is expressly conditioned on your acceptance of and compliance with these terms. As used herein, the term "you" or "your" refers to you individually and in your capacity acting as legal representative for a group, business entity or corporation. If you do not agree with these terms, you will not be allowed to register your organization to be considered for participation in the Program, you should leave this website immediately and cease any further use of any materials or information you have obtained from this site. National Business Alliance for Education, LLC ("NBA E") provides the Program as a means for eligible non-profit organizations selected by NBA-E ("Partners") to raise money. An organization's eligibility to become a Partner shall be determined in NBA E's sole discretion (see Section 3 below). 2. Fees In consideration of the services rendered to the Partner by NBA-E in connection with the Program, NBA-E shall retain one-third (33 1/3%) of the Net Proceeds (as defined below), and remit the remaining two-thirds (66 2/3%) thereof to the Partner. Except as otherwise specified herein, you do not have to pay any out-of-pocket fees to NBA-E; NBA-E's compensation is based upon a portion of the gift card money that you collect. 3. Collection and Payment a. Provision of Supplies to Partner Organizations Upon your organization's acceptance as a Partner, an NBA-E representative will contact you to set up an approved time for your collection of gift cards. You understand that NBA-E may condition your participation in the Program upon your agreement to collect gift cards within a certain geographic area during a given time frame. NBA-E will provide to you, at no extra charge, certain envelopes, boxes and other materials necessary to collect and mail the gift cards, as well as any other training materials or information NBA-E deems appropriate. b. Terms of Collection and Conversion of Gift Cards Upon collection of gift cards by your organization's members, your organization shall package and ship such gift cards, intact, as directed by NBA-E. NBA-E shall pay or reimburse you (in NBA-E's discretion) for all shipping costs. Once received by NBA-E or its agent(s), NBA-E and/or its agent(s) shall use all commercially reasonable means in attempting to convert the value remaining on the gift cards to cash value. NBA-E in its sole discretion shall determine whether the value on any individual card is collectible or economically feasible to pursue. Should a card either have no value or be deemed uncollectible by NBA-E, such card shall be disposed of in NBA-E's discretion, but shall not be returned to the Partner. b. Terms of Payment to Partner Organizations Following the conversion of gift cards to unrestricted funds, NBA-E shall remit to the Partner its portion of the Net Proceeds and provide a statement therewith indicating the total value of all gift cards collected and converted to cash (the "Gross Proceeds"), as well as actual transaction fees charged by its card-processing partner(s) that NBA-E may, in its sole discretion, subtract in whole or in part from the Gross Proceeds to determine the net proceeds ("Net Proceeds"). The time between collection of gift cards and payment to the Partner, and the amount of payment to Partner, cannot be determined in advance, and could vary based on several considerations, including but not limited to the number of cards collected, the remaining value on each such card, types of companies represented by the cards and their issuing banks, transaction fees incurred, the locations of the gift card issuers, and age of the cards collected. You hereby agree that while NBA-E shall make commercially reasonable efforts to convert card value and provide payment to your organization within a reasonable period of time, NBA-E shall not be held liable for any delays or harms resulting thereby. 4. Request for Access to Program - Your Registration Obligations In order to request that your organization be considered by NBA-E for access to the Program as a Partner, an authorized representative of your organization must complete the registration form on this website. In doing so, you agree individually and, as an authorized representative, on behalf of your organization, that you have read, understand, and agree to the Terms and Conditions for use of this website. In consideration of NBA-E taking your request into consideration, you represent that you are an authorized representative of an eligible non-profit organization and of legal age to form a binding contract. You also agree to (a) provide true, accurate, current and complete information about yourself and your organization as prompted by the registration form (the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NBA-E has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NBA-E has the right to suspend or terminate your account and refuse you and any organization with which you are connected any and all current or future use of the Program (or any portion thereof). You will be required to enter a valid state tax identification number to verify your organization's tax-exempt status at the time of registration, and upon acceptance into the Program will be required to forward a hard copy of such documents to NBA-E prior to receiving any materials or beginning use of the Program. Upon review of your registration information, NBA-E will, solely at its own discretion, determine whether your organization will be accepted as a Partner in the Program. You hereby acknowledge that the decision of NBA-E as to acceptance as a Partner is final and binding, and waive any and all claims and release NBA-E from any liability resulting from such decision. 5. NBA-E Privacy Policy You hereby agree that you have reviewed NBA-E's Privacy Policy prior to registration or entering any information relating to yourself or your organization. The Privacy Policy, as modified from time to time, summarizes what personally identifiable information we may collect from you, and how we may use that information. 6. Partner Organization Account and Password If your organization is accepted as a Partner, you, as the Partner's registered representative, will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify NBA-E of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NBA-E cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6. 7. Copyright, Trademarks and Patents This Agreement, all materials on this website, and any materials as may be distributed to you as a Partner in the Program are Copyright © NBA-E, 112-115th Ave. NE #518, St. Petersburg, FL 33716. All Rights Reserved. NBA-E, Funding Solutions for Education, Gift Cards for Kids, and all other trademarks, unless otherwise indicated, are owned by NBA-E. All other brand names, product names, or trademarks are the property of their respective holders. NBA-E's Program contains processes and information on which multiple patents are pending, including but not limited to business process patents, and to which other proprietary rights and laws apply. Subject to the terms of this Agreement, and should your organization be accepted as a Partner, NBA-E grants you a non-exclusive, non-transferable, limited right to access and use this website and the Program. You agree not to reproduce, share, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Program, materials provided, information contained on this website or in this Agreement, or use or access to the Program. 8. Exclusivity In consideration of being permitted to participate in the Program as a Partner, and in order to protect and maintain NBAE's intellectual property in the Program, you hereby agree individually and, as an authorized representative on behalf of your organization, that for a period of three (3) years, neither you, the Partner, nor any organization with which you are connected shall utilize or assist anyone else to utilize fundraising techniques or services substantially similar to those utilized in the Program, if not carried out through or authorized by NBA-E. 9. Disclaimer YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE, ACCESS TO, AND PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NBA-E AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. NBA-E AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS MAKE NO WARRANTY THAT (i) THE WEBSITE OR PROGRAM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE WEBSITE OR PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR PROGRAM WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY MATERIALS, SERVICES, OR PROVIDED TO YOU THROUGH THE WEBSITE OR PROGRAM WILL MEET YOUR EXPECTATIONS; AND (v) THAT YOUR ORGANIZATION WILL REALIZE ANY LEVEL OF INCOME OR PROFIT THROUGH USE OF THE WEBSITE OR PROGRAM. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR RECEIPT OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NBA-E, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS, OR THROUGH OR FROM THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 10. Limitation on Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT NBA-E AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU, YOUR ORGANIZATION, OR ANY MEMBER OF YOUR ORGANIZATION OR THE GENERAL PUBLIC FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NBA-E HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE FUNDRAISING PRODUCTS, METHODS OR SERVICES; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE WEBSITE OR PROGRAM; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE OR PROGRAM. FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS AGREEMENT RELATES TO AN ARMS-LENGTH CONTRACT FOR PROVISION OF SERVICES BY NBA-E, AND THAT NOTHING CONTAINED IN THIS AGREEMENT, WEBSITE, OR PROGRAM SHALL BE DEEMED TO CREATE AN EMPLOYMENT OR INDEPENDENT CONTRACTOR RELATIONSHIP BETWEEN YOU, YOUR ORGANIZATION OR ITS MEMBERS, AND NBA-E, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS. 11. Indemnity You agree individually and, as an authorized representative, on behalf of your organization, to indemnify and hold NBA-E and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your or your organization's use of the website or Program, connection to the Program, conduct in using the Program, or violation of any rights of another. 12. Marketing You agree individually and, as an authorized representative, on behalf of your organization, that in consideration of access to and use of the Program, NBA-E may use your and your organization's name, likeness, and other manner of identification in its marketing materials, including but not limited to the "Success Stories" portion of this website, without remuneration. 13. Modifications to and Termination of Website and Program If accepted as a Partner in the Program, the duration of your organization's participation shall be determined solely in the discretion of NBA-E, and subject to any policies NBA-E may establish from time to time. NBA-E reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or Program (or any part thereof) with or without notice, and for any or no reason. You agree that NBA-E shall not be liable to you, your organization, or any third party for any modification, suspension or discontinuance of the website or Program. 14. No Third-Party Beneficiaries You hereby agree individually and, as an authorized representative, on behalf of your organization, that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement. 15. Arbitration You hereby agree individually and, as an authorized representative, on behalf of your organization, that any controversy or claim arising out of or relating to this Agreement, the breach hereof, or Program overall shall be settled exclusively by arbitration. Such arbitration shall be conducted before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitration shall take place in Pinellas County, Florida. Judgment may be entered on the arbitrator's award in any court having jurisdiction, and the parties irrevocably consent to the jurisdiction of the Florida courts for that purpose. The parties waive personal service in connection with any such arbitration; any process or other papers under this provision may be served upon you at the address provided in Section 17 below by registered mail, return receipt requested, or by personal service, provided a reasonable time for appearance or response is allowed. The decision of the arbitrator shall be final and binding on the parties. The parties shall equally divide all costs of the American Arbitration Association and the arbitrator. Each party shall bear its own legal fees in any dispute. The arbitrator shall not have the ability to award any equitable remedies, and shall be limited to remedies available at law. 16. General Information a. Complete Agreement This Agreement constitutes the entire agreement between NBA-E and you and your organization, and governs your and your organization's use of the website and Program, superseding any prior agreements between you and NBA-E, whether oral or in writing. b. Notices Any notices due or deliverable under this Agreement or the Program shall be made: If to you or To the registered representative and address your organization: provided in your Registration Data, unless changed in accordance with instructions provided for changing such data on the website. If to NBA-E: National Business Alliance for Education, LLC 112 115th Ave. NE, #518 St. Petersburg, FL 33716 c. Waiver The failure or decision by NBA-E to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any such right or provision. d. Severability of Terms In the event that any provision of this Agreement is determined to be in conflict with law or otherwise held to be invalid by a court of competent jurisdiction, the parties to this Agreement agree and intend that (i) such provision shall be deemed to be amended and restated to reflect as nearly as possible the original intentions of the parties in conformity with applicable law, and (ii) the remaining terms, provisions, and restrictions of this Agreement shall remain in full legal force and effect. e. Assignment With respect to NBA-E, the rights and obligations of this Agreement shall inure to the benefit of its affiliates, agents, successors and assigns. With respect to you and your organization, this Agreement shall constitute an agreement for unique and personal rights, and as such, shall not be assignable or transferable in any manner. f. Governing Law This Agreement shall be governed by and construed under the laws of the State of Florida, without application of its conflicts of laws provisions.
I have read and accept the Partnership Agreement (as amended from time to time in NBA-E’s sole discretion)
(In order to complete registration, you must affirmatively accept the Partnership Agreement on behalf of yourself and your organization)