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PURPOSE
The purpose of this Agreement is to set out the terms and conditions for the operation of a Fundraising Program (“Program”) by the Organization and MittMate.

PROGRAM
The Program consists of active promotion and sales of MittMate products by the Organization.

MONEY DISTRIBUTION
The Organization retains 40% of the total monies collected and MittMate will receive 60% of total monies collected.

OBLIGATION OF MITTMATE
MittMate shall have the obligation to do the following:
1. Provide the necessary products to conduct the Program.
2. Provide the necessary promotional material such as brochures and order forms.
3. Comply with state and federal laws applicable to the program.
4. Fill orders and provide delivery of all products to the Organization.
5. Provide replacement products for all damaged or missing merchandise.

OBLIGATION OF ORGANIZATION
The Organization shall have the obligation to do the following:
1. Designate members and or employees of the Organization to coordinate and actively promote the Program.
2. Distribute brochures and all other necessary material to the participants and keep them informed as to the start date and end date of the fundraiser.
3. Collect the funds from the sales made in the Program and pay to MittMate the agreed upon amount as set in this Agreement.
4. Comply with all state and federal laws applicable to the Program, including any applicable state sales tax and use tax requirements.
5. Conduct the Program in a safe manner.

ENTIRE AGREEMENT As expressed herein, this agreement is the entire agreement between the parties. Any changes made to this Agreement must be first agreed to in writing and signed by both parties.

PAYMENT METHOD Two payment options are available to the Organization. FIRST OPTION: Send payment with orders in the form of Organization business check or money order. SECOND OPTION: MittMate charges the credit card used on file upon receipt of the order forms. Checks must clear the bank before orders will be filled.

NOTICE The Organization is responsible for providing written notice to MittMate of any changes in information contained in this agreement. Notices to MittMate by the Organization shall be deemed effective when received at our office via email or fax.

CANCELLATIONS A Thirty (30) day written cancellation notice is required prior to the scheduled fundraiser’s start date of this Agreement. A $50 cancellation fee will be accessed to the Organization and/or sponsor if cancellation notice is received after the thirty (30) days notification date.

MISSING AND/OR DAMAGED ITEMS Within Seven (7) days of delivery, you must notify MittMate of any missing and/or damaged items from your shipment. Notification must be sent via email or fax clearly indicating what items are missing, damaged or to be exchanged. The Organization hereby waives any claim, defense or remedy arising from missing or damaged items if not identified to MittMate within the time frame identified herein.

DISCLAIMER / INDEMNIFICATION AND HOLD HARMLESS
MittMate products, programs, brochures and materials are provided without any warranty. To the maximum extent permitted by law MittMate disclaims all representations or warranties, either express or implied, of any sort including but not limited to warranties of merchantability and/or fitness for a particular purpose. The Organization shall indemnify and hold harmless MittMate, its employees, and agents regarding all injury to persons and damage to all property resulting at or with respect to the organization, conducting or the administration of the fundraiser. MittMate shall have no liabilities for amounts not collected, lost sales or lost profits, or acts or omissions of another or causes beyond MittMate’s reasonable control. This paragraph shall survive termination of this agreement.

JURISDICTION
Any litigation regarding this agreement, or any transaction between the Organization and MittMate, shall be brought to the state or federal courts located in King County, Washington and the Organization hereby agrees and submits to such jurisdiction and venue as proper.

EXECUTION OF THE AGREEMENT
MittMate and the Organization hereby duly executed this Agreement on and effective as of the date written below.