Last updated September 8th, 2024 This Endaoment Donor Referral Program Agreement (“Agreement”) is entered into by Endaoment and the referring party executing this Agreement (“Participant”). This Agreement governs Participant’s participation in the Endaoment Donor Referral Program (“Program”). By participating, you represent that: (i) you have the legal authority to enter into this Agreement; (ii) you have read and understood the Agreement; and (iii) you agree to its terms. If you do not have legal authority or do not agree to the terms, do not accept this Agreement. This Agreement is effective as of the date of Participant’s acceptance.

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1. Definitions

  • “Referral Link”: The unique URL provided by Endaoment to Participant for tracking eligible referrals.
  • “Eligible Referral”: A new donor who opens a Donor Advised Fund (“DAF”) and makes donations, excluding the Participant and related parties such as family members (e.g., parents, spouse, domestic partners).
  • “Ineligible Referral”: Current Endaoment users, individuals or entities already in the Endaoment database, members of the referrer’s family, the referrer themselves, and employees or agents of Endaoment or its partners, including but not limited to Giving Tree Technologies, The Giving Block, and GlobalGiving.
  • “DAF”: A Donor Advised Fund managed by Endaoment.
  • “Referral Donation”: The contribution Endaoment will make to the Participant’s DAF as an incentive for eligible referrals. The donation amount is subject to change at Endaoment’s discretion.
  • “Program Guide”: Any additional terms related to the Program as provided by Endaoment.

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2. Program Overview

Participants can invite Eligible Referrals to open a DAF with Endaoment using their unique Referral Link. If an Eligible Referral opens a DAF and contributes to it, Endaoment will make a Referral Donation to the Participant’s DAF. Endaoment reserves the right to change the Referral Donation amount, timing, or structure without prior notice. Only donations made by the referred party into their DAF are eligible for the program. Endaoment retains the right to disqualify any Participant or referral at its sole discretion, particularly in cases of non-compliance with this Agreement or applicable laws. Participants may distribute Referral Links only to Eligible Referrals under the following conditions:
  • Make reasonable efforts to ensure the eligibility of referrals.
  • All marketing, including emails, must comply with Endaoment’s guidelines and applicable laws.
  • Email communications must include an option for recipients to opt out of future communications from the Participant.
Endaoment reserves the right to disqualify Participants distributing Referral Links to ineligible individuals.

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4. Compliance Requirements

Participants must comply with the following:
  • Anti-Bribery Compliance: Compliance with all applicable anti-bribery laws, including the U.S. Foreign Corrupt Practices Act, is mandatory.
  • Export Control Compliance: Participants must follow all applicable export control laws and regulations.
  • Acceptable Use: Participants agree not to use Endaoment’s name, Referral Links, or branding in connection with any unlawful content or activities.

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5. Termination & Modification of Terms

Endaoment reserves the right to modify or terminate the Program at any time without prior notice. Any changes will be communicated via email or website updates. Participants may continue using their Referral Link under the new terms or opt out of the Program.

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6. Donation Processing

To receive Referral Donations, Participants must ensure all referral activities are tracked through their unique Referral Link. Endaoment will not process donations if referral details are incomplete or inaccurate. Referral Donations are non-transferable and credited solely to the Participant’s DAF. Endaoment reserves the right to modify donation amounts, timing, and processing at its discretion.

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7. Restrictions

Participants may not:
  • Use deceptive or fraudulent means to generate referrals.
  • Create multiple DAFs to benefit from the referral process.
  • Mask identities or use false information to generate referrals.
  • Attempt to refer themselves, family members, or other ineligible referrals.

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8. Term & Termination

This Agreement remains in effect until terminated by either party. Endaoment may terminate a Participant’s involvement in the Program without cause. No further Referral Donations will be processed after termination.

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9. Confidentiality

Participants agree to keep the terms of this Program confidential and to refrain from disclosing any non-public Program details to third parties, except as required by law.

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10. Limitation of Liability

Endaoment provides the Program “as is” and disclaims all implied warranties. Endaoment is not liable for any indirect, incidental, or consequential damages arising out of the Participant’s involvement in the Program.

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11. Indemnification

Participants agree to indemnify and hold harmless Endaoment, its directors, officers, employees, and affiliates from any claims, damages, losses, or expenses arising from their participation in the Program or breach of this Agreement.

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12. Governing Law & Arbitration

This Agreement is governed by the laws of the State of California. Any disputes arising under this Agreement will be resolved through binding arbitration in San Francisco County, California, in accordance with the American Arbitration Association’s rules.
By accepting these terms, you agree to comply with all Program requirements and to receive your Referral Link. Referral Donations will be processed in accordance with these terms.