CharityMaker TERMS AND CONDITIONS
FOR THE USE OF THIS WEBSITE

Effective Date of these Terms and Conditions: March 6th, 2011

NOTE:

The below terms though seemingly full of "legal speak" and intimidating in it's complexity is a necessary preventive measure to cover all legal possibilities that may arise through the use of this site. Though it may be difficult to understand the complexities of the terminology I want to assure you that there is no duplicitous intent hidden in the terminology. We welcome you to contact us at anytime for more direct clarity as to the verbiage used below for which you may not undertsnad.

Your use of the CharityMaker LLCweb site constitutes acceptance of these Terms and Conditions. Please also review the web site at CharityMaker.com periodically for changes in procedures which are incorporated in these Terms and Conditions by Reference.

Terminology:

CharityMaker LLC

CharityMaker LLC as referenced in all sections below is the owner of this site.

A Member

A Member is an individual or separate business entity that creates a profile and account on this web site

Visitor

A Visitor is any individual or separate business entity that views any page of this site or transacts with affiliate merchants posted on this site

1. Legal Contract Age. You must be an individual 18 years of age or older or separate business entity to create a member profile and receive commission rebates. Members of this site may not use machines or scripts in commercial applications and no automated services may be used to accumulate any financial benefits derived from the use of these memberships.
2. Affiliates and Fees. CharityMaker LLC has contracted to receive an Affiliate Referral Commission when you or a visitor of your profile page site makes a Qualifying Purchase of goods or services from participating merchants accessed on member profile pages. CharityMaker LLC has agreed to give Members 70% of the commissions received from merchants accessed through that members profile page for Qualifying Purchases in accordance with these Terms and Conditions in the form of Affiliate Referral Commissions paid in cash based on the the terms below. For the purposes of this Agreement, a purchase is a "Qualifying Purchase" once all conditions in a merchant's offer with respect to that purchase, including any waiting periods, have been satisfied.
3. Payment of Fees. Once you have created a member profile page in accordance with the terms above a list of affiliate merchant web sites will be placed on your profile page. Anytime you or a visitor shops at those affiliates accessed through your profile page the affiliates will rebate money back to CharityMaker LLC when all the terms of the sale have been met as determined by each individual merchant. When CharityMaker LLC receives payment from the affiliate tracking services you will receive payment of 70% of the Affiliate Referral Commissions we receive. Payments will be made out to and addressed to the information provided as set up in your account at the time of mailing. Affiliate Referral Commissions are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to your account at any time. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the CharityMaker web site or to avail yourself of the remedies, if any, which may be available under Federal or State Law. CharityMaker LLC is only responsible for the Affiliate Referral Commissions it receives from participating merchants, when it receives them.
4. Fraudulent Use & Account Termination. CharityMaker LLC reserves the right to terminate any account for abusive or fraudulent activity, failure to meet or retain the requirements or integrity of a membership, or if you are no longer reachable at the e-mail address provided. CharityMaker LLC is not responsible for reimbursement of payments that have been obtained through fraudulent identity, "computer hacking" or other means for which your account contact and payment receipt information has been modified without your consent. Accounts that have not been active for a period as prescribed by CharityMaker LLC may be termonated. Visitors who shop at member sites do so at their own assumnption that the member is representing themselves accurately and honestly. CharityMaker LLC can not be held liable for fraudulent representations made by a memeber and their profile. CharityMaker LLC recommends that visitors who choose to shop at a member profile page know that member and can confirm their validity.
5. Affiliates Terms. Affiliates and stores operate independently of, and are not under the control of, CharityMaker LLC in any way. CharityMaker LLC may provide an index page or other description on our website of certain Affiliate's terms which is for convenience only. Affiliates may impose conditions or restrictions different from, or in addition to, those described on such index pages or in such descriptions. We are not responsible for setting or maintaining the amount of the Affiliate Referral Commission offered by any Affiliate or for requirements of any Affiliate program or offer. Each Affiliate has reserved the right to change at any time, and without notice, the amount or percentage of any Affiliate Referral Commission it offers as well as the Terms and Conditions of any Qualifying Purchase and Affiliates are not obligated to pay an Affiliate Referral Commission on any particular purchase. Therefore, we cannot provide any assurances that any Affiliate will participate in the program at any time and we are not responsible if an Affiliate does not pay the Affiliate Referral Commission with respect to any particular transaction. We are not responsible if any merchant decides to withdraw from the program and cease being an affiliate.
6. Third Party Sites. You understand that CharityMaker LLC does not operate or control the products or services offered by third parties, promotional partners or participating Affiliates. Third-party Web sites and online merchants accessed through the CharityMaker LLC web site are responsible for all aspects of order processing, order fulfillment, shipping and handling, billing and customer service. CharityMaker LLC is not a party to the transactions entered into between you and the merchants with which you choose to do business. If you buy products or services from these on-line merchants, you become a customer of those merchants and therefore must direct any comments, complaints, inquiries or litigation regarding your purchases to those merchants, and not to CharityMaker LLC. All rules, policies (including privacy policies) and operating procedures of those merchants will apply to you while you are using those merchants' websites or local store locations. No reference to a third party product or service indicates an endorsement by CharityMaker LLC.
7. Information. CharityMaker LLC does not give out any member information to 3rd party solicitors. But you do authorize CharityMaker LLC to disclose to third parties information you have provided, or information that CharityMaker LLC has obtained about your account or shopping behavior: (i) to agents of CharityMaker or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in aggregated marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption or transfer of your Rebate Commissions. Further, you authorize CharityMaker to receive any account information from any Affiliate including, but not limited to information regarding the Qualified Purchase such as the products ordered, the quantity ordrered, the time and date the Qualified Purchase occurred, the email address entered for the Qualified Purchase. You agree to hold the Affiliate harmless for any information disclosed to CharityMaker LLC.
8. Disclaimer. CHARITYMAKER LLC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATES OR SUPPLIERS IN CONJUNCTION WITH THE SERVICE. IN ADDITION, ALTHOUGH CHARITYMAKER LLC INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE CHARITYMAKER LLC WEB SITE. CHARITYMAKER LLC DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, CHARITYMAKER LLC DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND CHARITYMAKER LLC ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE REFUNDS BY PURCHASING ITEMS WITH AN AFFILIATE.
9. Limitation of Liability. IN NO EVENT WILL ANY OTHER COMPANY BE LIABLE TO YOU FOR NON-PERFORMANCE OF CHARITYMAKER LLC OBLIGATIONS. IN NO EVENT SHALL CHARITYMAKER LLC BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH THE SERVICE INCLUDING CHARITYMAKER LLC's FAILURE TO RECEIVE FEES FOR WHICH IT IS JUSTLY DUE OR YOUR USE OR INABILITY TO USE THIS WEB SITE OR THE SERVICE OR THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF CHARITYMAKER LLC OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
10. Indemnity. YOU AGREE TO INDEMNIFY AND HOLD CHARITYMAKER LLC, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, YOUR VIOLATION OF THESE POLICIES, OR THE INFRINGEMENT BY YOU, OR OTHER USER OF THE SERVICE USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY OF YOUR COMMUNICATIONS.
11. Termination or Changes to the Program. CharityMaker LLC reserves the right to terminate the Service or program, or class of user at any time. Notification of Service termination will be sent to the email address you provide to CharityMaker LLC in your updatd account information submission. CharityMaker LLC will not be responsible for failing to notify you of service termination or modification where such failure is caused by any reason outside the control of CharityMaker LLC, including but not limited to an error in your email program, any operation in an email program preventing such an email message to be delivered, an inaccurate email address, your failure to check for your email online, or your failure to inform Charitymaker LLC of a change in your email address.
12. Modification of Terms. CharityMaker LLC may modify these Terms and Conditions from time to time, with or without notice and your continued participation in the Service after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms and Conditions section of the CharityMaker LLC Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Service.
13. Termination. Your use of the Service is subject to these Terms and Conditions. Any failure to comply, any fraud or abuse relating to the accrual or redemption of rebate commissions, or any misrepresentation of any information furnished to CharityMaker LLC or its Affiliates by you, or anyone acting on your behalf, may result in the termination of your use of the Service, cancellation of your CharityMaker LLC account and/or forfeiture of your accrued rebate commissions.
14. Disputes or Errors. All questions or disputes regarding the Service must be submitted in writing within 90 days issue origination, to CharityMaker LLC at: CharityMaker LLC, c/o Mody Company Creative LLC, 56 West Main St, Norwich, NY 13815. Any such disputes shall be resolved by CharityMker LLC at its sole discretion.
15. Changes to Policy. CharityMaker LLC reserves the right to make periodic changes in these Terms and Conditions. The effective date of the current version is indicated at the top of this page. Please check back from time to time to ensure that you are aware of any updates or changes. Your continued use of the site and the services indicates acceptance of these Terms and Conditions.