TERMS AND CONDITIONS GOVERNING PARTICIPATION
IMPORTANT DEFINITIONS AND CONCEPTS:
SBP – School Bell Partners. SBP may also be referred to herein as “we” or “us” or “our”.
EDU – Any accredited public or private educational institution or organization directly related to an educational institution located in the 50 United States, the District of Columbia, Puerto Rico, Virgin Islands and Guam, (preferably recognized as tax exempt under Internal Revenue Code section 501(c)(3) and described under IRC section 170(b)(1)(A)(ii)). EDUs are preferably housed in a facility zoned as an EDU building by the local municipality, county, or other governing body. Eligibility for this Fundraiser is determined by SBP. An EDU may also be referred to herein as “you” or “your”.
Fundraiser – Any SBP fundraising program in which participating EDUs engage by agreeing to the Terms and Conditions contained herein, and by complying with any other requirements of the Fundraiser. SBP Fundraisers are branded with names including but not limited to schoolADNetwork and the following “prefixes” to FUNDCenter: “school”, “district”, “PTA”, “PTO”, “college”, “the”, “club”, “charity”.
Website(s) – SPB websites and other websites that use the SBP Monetizer Widget (“SMW”).
Sponsors – EDUs that have placed the SMW on their EDU website webpages will be eligible to earn contributions from sponsors, the “Sponsors” who will be recognized within the SMW placed at prominently viewed locations on each EDU’s website by EDU website managers.
TERMS AND CONDITIONS:
EDU SIGN UP: In order to receive earned contributions, an authorized EDU representative is first required to complete a Fundraiser engagement process at www.schoolFUNDCenter.com (or another Fundraiser-designated website) and provide the required information about the EDU, the authorized representative and optionally the EDUs’ website manager. This required information may include but is not limited to names, addresses, phone numbers, EDU’s published website URL, the name of the principal or superintendent, email addresses, the EDU’s bank account information (for electronic payment) or payee information (for payment by check), and the name/email address/phone and title of the EDU’s main contact responsible for administering the Fundraiser on behalf of the EDU. Upon review, verification of eligibility, and acceptance of the EDU information by SBP, the EDU’s participation in the Fundraiser will be confirmed, and the EDU may request withdrawals of earned contributions at any time, not to exceed more than once per month. Due to the cost of processing and sending contributions, only withdrawal requests of $50.00 or more will be honored.
FUNDRAISER CONTRIBUTION RATES TO EDUs: EDUs earn revenues through SBP via contributions collected by SBP from National-Regional Sponsors that appear in the SMW, and also directly from Bonus Rewards Contributions:
Revenues are earned by EDUs via Sponsor contributions from the Affiliate Program and/or from Sponsor Ad Views. Revenues earned by EDUs are paid to EDUs on 60 days terms by SBP, that is 60 days after the first day of the month following a completed calendar month the SMW was live on the EDUs website with the SMW placed in positions on the EDU website’s webpages in a manner acknowledged as acceptable by SBP, ensuring Sponsor ads are acceptably visible.
Revenues stemming from Sponsor Ad Views are earned by EDUs in three ways:
Bonus Rewards Contributions (such as Booster Club, Sponsored Contests, Affiliate Program Shopping Club, Double Donations Term Offers & Campaigns) above and beyond (1), (2), and (3) above are arranged and agreed to on a case by case basis between SBP, Sponsors, and EDUs who choose to participate. Bonus Rewards programs may require SBP to collect Personal Identifying Information (PII) from EDU website visitors in order for them to participate. All PII will remain housed by SBP governed by SBP’s Security Statement (https://districtfundcenter.com/security-statement/) and no PII in part or in whole will be shared with any 3rd party. To the extent Bonus Rewards participant information is needed in order for donations, contributions, and rewards to be attributed to participating schools and/or individuals, such tracking will be accomplished using codes that do not reveal PII in part or in whole.
In the event SBP advances or has advanced revenues to EDUs that were not earned per the ways above (for instance, formerly baseline revenues), SBP shall recoup these advanced revenues from present and going forward revenues.
For EDUs that previously received Baseline Fundraising payments from SBP, in the event the EDU’s website has generated less than 1 purchase per dollar of Baseline Fundraising the EDU has earned, the EDU acknowledges that SBP has the right to cancel all Baseline Fundraising attributed to the EDU retroactively and going forward. To remedy such a purchase performance shortfall, the EDU shall allow Paid Sponsor Ad Views in their Fundraiser SMW if they aren’t already being displayed.
SPONSOR ELIGIBILITY: Businesses that sell, promote, or advertise products or services deemed by SBP, at SBP’s sole discretion, to be inappropriate will not qualify for participation in the Fundraiser. SBP and its Advertising Services have developed custom systems and exert extensive efforts to pre-qualify all Sponsors as being family-friendly, disallowing any advertisers deemed inappropriate including but not limited to businesses specializing in alcohol, tobacco, firearms, and adult content, or any products or services determined by SBP not to be suitable for children. Advertising content will be subject to acceptance by SBP and its advertising providers. Should and EDU object to an ad or Sponsor, the EDU will report these to SBP and SBP will remove such ad or Sponsor in a timely manner. With regard to Local Business sponsors engaged by EDUs, or any other content provided by the EDUs to appear in the SMW, the EDUs shall remain solely responsible for all advertising content supplied. SBP will make reasonable efforts to ensure that National-Regional Sponsors and their ads are suitable for children. However, EDUs will be responsible for satisfying themselves that Local Businesses and their ads are suitable for children.
EDU ACCEPTANCE OF SMW: EDUs that participate in the Fundraiser are required to prominently place the SMW on the EDU website’s home page (main landing page) and sub-pages (linked directly to the home page) and are required to keep the SMW live for a term of no less than one year after commencing participation in this Fundraiser. The SMW is required to be placed where it is most visible to all website visitors including but not limited to above the fold of the top of webpages. If such placement requirements are not met by the EDU, SBP may discount contribution rates based on the variance from the required placement criteria. Such discounts will be accounted for to National-Regional Sponsors. The EDU further understands that SMW view and click information will be recorded and retained to allow SBP to track various performance metrics. Among other things, SBP may use this information to help develop SMW enhancements and to report performance statistics. In addition to Sponsor related information, the SMW may also display SBP related content and offers available through the Fundraiser. All content appearing in the SMW and related Sponsor and/or Fundraiser information, are the sole property of SBP or the National-Regional Sponsors, protected by copyright laws, and any copying or re-distribution of such content is prohibited. To generate earnings from clicks and shopping, each participating EDU is required to promote its participation by regularly informing all EDU parents and teachers of the Fundraiser through communications channels and methods commonly used by the EDU to keep EDU parents and families informed.
The SMW will require periodic upgrades, usually between school years within the June-August calendar window. To the extent these upgrades can be implemented by SBP’s technical staff, SBP will implement them. To the extent these upgrades must be implemented by the EDU, the EDU will implement them in a timely manner during this or another calendar window specified by SBP in order to continue the EDU’s contribution stream.
NATIONAL-REGIONAL BUSINESS PARTICIPATION: SBP makes its own efforts to solicit participation from businesses whose trade areas extend beyond local areas where EDUs are located. Such businesses include, but are not limited to, retail chain stores, consumer packaged goods brands, and service providers. All such businesses fall under the same eligibility requirements as Sponsors.
SPONSOR ACCEPTANCE OF SMW: Sponsors which participate in the Fundraiser agree to allow the business information they provide to be displayed within SBP’s determined templates and layouts, and further agree to allow SBP to track various performance metrics. Among other things, SBP may use this information to help develop SMW enhancements and to report viewing statistics. In addition to Sponsor related information, the SMW may also display SBP related content and offers available through the Fundraiser. All content appearing in the SMW and in the Sponsor information that appears when users click in the SMW, is the sole property of SBP, or each individual Sponsor, protected by copyright laws, and any copying or re-distribution of such content is prohibited.
LOCAL BUSINESS SIGN UP: In the course of keeping parents and teachers informed of the Fundraiser, EDUs are required to inform Local Business owners and operators with children attending their EDU of the opportunity for Local Businesses to participate. Local Businesses can initiate their participation directly through EDUs. The Local Business provides payment of the contribution, ad and link information, and identifying information to an authorized EDU representative. The EDU then provides the Local Business and ad related information to SBP, and SBP activates the Local Business listing and/or ad. SBP then deducts the fees for running the Local Business Ad(s) from the EDU’s overall contribution earnings.
SBP AD SERVERS: SBP uses third party ad servers for its ad serving and reporting functions. These ad servers may vary depending on particular SMWs and corresponding content, and are subject to change in SBP’s discretion. Applicable ad server(s) shall be official counter(s) for determining various performance metrics, and other relevant information reported to EDUs and Sponsors.
UNCLAIMED EDU EARNINGS: In the event an EDU does not request payment of its earned contributions, all such earned contributions that have been held by SBP for more than a year shall be deemed surrendered to SBP by the EDU, and SBP shall use such funds for the betterment of the Fundraiser.
NO TRANSFER: Each EDU acknowledges and agrees that any Extended Outreach pools SBP or its Advertising Provider develop may only be used in connection with SBP’s and its Advertising Provider’s advertising services and platform(s) and are not transferable to any EDU. SBP agrees that SBP will use any such outreach pools solely for the benefit of EDUs participating in the Fundraiser.
DISQUALIFICATION AND FUNDRAISER CHANGE: SBP reserves the right to change these Terms and Conditions, withdraw its services from an EDU, or disqualify a Sponsor from participation, at any time. All contributions credited to the EDU per SBP’s records will be paid to the EDU.
BILL PAYMENT SERVICE: SBP offers EDUs and Sponsors the ability for contribution payments to be made and remitted to EDUs either electronically or by check, not to exceed more than once per month. Due to the cost of processing and sending contributions, only withdrawal requests of $100.00 or more will be honored.
LIMITATIONS AND CANCELLATION RIGHT: SBP and any of its affiliate companies are not responsible for late, lost or misdirected data, or any other transmission or recording method errors including jumbled, garbled or illegible data, or for any other errors or malfunctions that may affect any aspect of the Fundraiser. SBP reserves the right to cancel or suspend any Fundraiser at any time without notice. Tracking information and advertising content and metrics are the sole property of SBP.
EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS AND CONDITIONS, THE FUNDRAISER, AND ALL PRODUCTS AND SERVICES ASSOCIATED THEREWITH, ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SBP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON- INFRINGEMENT.
INDEMNIFICATION: By participating in the Fundraiser, Sponsors and EDUs, together with their administrators, employees agents, representatives, successors and assigns, agree to release, hold harmless, defend and indemnify, SBP, SBP and each of their respective parent and affiliate companies, subsidiaries, agents, representatives, distributors and advertising and promotion agencies, successors and assigns, as well as the officers, directors, employees, representatives and agents of each of the foregoing, from any and all liability, loss, damage, expenses, costs (including reasonable attorneys’ fees), or injury sustained in connection with such Sponsors’ or EDUs’ participation in the Fundraiser. All taxes and other fees or costs associated with the contributions are solely the responsibility of the EDUs and Sponsors and their corresponding representatives. (Depending upon total amounts earned, EDUs may receive an IRS earnings form.) Contribution payments from SBP will not be made to any entity other than the corresponding EDU.
ARBITRATION: Any legal or equitable claim arising out of participation in the Fundraiser (a “Claim”) will be resolved only by binding arbitration. The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Streamlined Rules”). ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The interpretation and enforcement of these Terms and Conditions will be governed by the laws of the state where a participating EDU is located, except this paragraph will be governed by the Federal Arbitration Act. Neither SBP nor the EDU will be entitled to join or consolidate Claims in arbitration by or against other individual or entities, or arbitrate any Claim as a representative member of a class or in a private attorney general capacity. Accordingly, both SPB and EDU agree that the JAMS Class Action Procedures do not apply to arbitration of any Claim. If, however, the law of an EDU’s state would find this agreement to dispense with class arbitration procedures unenforceable, then this entire paragraph is unenforceable.
CLICK AND/OR PURCHASE SPONSORSHIP CONTRIBUTIONS: Shown on the web page linked to below are: (i) the click and/or purchase contributions EDUs may expect to receive via Sponsorships that award contributions based on clicks on ads and/or purchases made through clicking on ads, (ii) corresponding ECC contributions, and (iii) SBP’s good-faith estimates on what one EDU family could earn for its EDU in a year by participating with these Sponsorships. All of these available Sponsorships have been approved by the related Sponsors. These Sponsorships will change from time to time, and such Sponsorship changes will not be deemed a change in these Terms and Conditions. Here is a link to the currently available click and/or shop Sponsorships and related contributions: https://schoolfundcenter.com/sponsors/
IMPORTANT DEFINITIONS AND CONCEPTS:
When an EDU opts-out, its opt-out status will be recognized by SBP’s systems and any related service and corresponding Sponsor contributions will no longer be included in the Fundraiser with regard to the corresponding EDU. Should the EDU reverse an opt-out, the corresponding service may be reactivated based on various conditions including but not limited to the availability of the service.
See the section below, called “OPTING OUT” for more information about this option, and for a link for you to click to opt out of the Value Added service.
We also describe additional rights that California users have under the California “Shine the Light” law.
WHEN DO WE COLLECT INFORMATION AND WHAT DO WE COLLECT?
We collect Information in many ways, including –
When you register for the Fundraiser and voluntarily provide your Personal Information – typically your full name, postal address, email address, birthdate, gender and telephone number.
When you voluntarily provide other Information through surveys or questionnaires, such as health, medical, lifestyle and general interest related information which we will associate with your registration Personal Information.
When you voluntarily contact us for customer service, typically via email, postal mail or telephone.
When you interact with an advertiser on the Websites and we collect your Information on their behalf.
We may also collect other Information when you visit the Website and/or voluntarily submit your Personal Information, such as your IP address, computer operating system, browser, device type, referring URL, click activity and wireless carrier.
When, in the course of participating in the Fundraiser, you complete and submit a claim for funds earned through any of SBP’s programs, we collect your full name, postal address, email address and telephone number.
If the Fundraiser earnings to which you are entitled have a value of $600 or more, as required by Federal Law, we will collect Personal Information on Form W-9, which includes your full name, postal address and Social Security Number.
Through the use of “cookies” (small text files placed on a user’s computer that track online behavior), single-pixel GIF image files (also called “web beacons”) and other technological means.
We may use third party data and data provided by our affiliates (which includes our parent, subsidiaries and other entities under common control with us; collectively, “Affiliates”) to augment and/or verify the Information we collect from users and we may also associate demographic and other data we collect such as the user’s browser and device with their Personal Information.
SBP’s web servers automatically recognize and record the URLs (Universal Resource Locator or the address of a World Wide Web page) from which visitors access the Websites’ webpages via the Internet, as well as the names of the pages visited while at the Websites. SBP may store Cookies from Website visitors. At the time these Cookies are stored, there is no personally-identifiable information. However, as part of providing Value-Added Opportunities, personally-identifiable information may be appended to the Cookies. By participating in any Value-Added Opportunities, you acknowledge and agree that Cookies will be used as described herein.
When a visitor accesses SBP’s Website, SBP may collect a variety of technical data about the user which is stored in aggregate form. This data may include (but is not limited to) the visitor’s IP address (a unique number that identifies a computer on the Internet), URL, domain, and web browser information. SBP may track the web pages visited before the visitor came to the Websites, and the page(s) it linked to upon leaving the Websites, along with which pages on the Website were accessed, and how long was spent on each page.
SBP may use aggregate information about surfing behavior and equipment to improve sponsorships, Website experiences and the EDU funding generated.
SBP also uses anonymous, individually identifiable, and aggregate information for a variety of marketing and promotional purposes. For instance, SBP uses what is learned about a visitor’s preferences to alert the visitor to new options when it returns to the Websites, or to help SBP or SBP’s business partners and/or the Sponsors target messaging or product placements to the viewer’s particular interests.
SBP may share personally identifiable information which EDUs provide via web forms, email, or in writing with SBP corporate affiliates, other companies with which SBP has substantial strategic or marketing relationships, companies to which SBP outsources certain functions of its Website, and as required by law. In addition, if an EDU expresses its desire to receive a particular service or information from another company (e.g., email notifications), SBP will share that EDU’s personally identifiable information with that particular company. SBP may share anonymous aggregate data about visitors to the Websites with third parties to improve site function and performance, and to report Website statistics.
If an EDU supplies SBP with the EDU’s postal address, email address, phone number, and/or other personal contact information, and requests to be contacted, that EDU may receive periodic messages and notifications about new products and services or upcoming events from SBP or other organizations with which SBP shares the EDU’s information, all with a view toward optimizing the Fundraiser’s potential for the EDU.
SBP employs measures to protect against the loss, misuse or alteration of information collected from EDUs. However, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, SBP cannot guarantee the security of any information transmitted using the Websites, and such information is transmitted at an EDU’s own risk. SBP does not assume responsibility for use or disclosure of an EDU’s information resulting from unauthorized or illegal access to SBP’s systems or those of SBP’s vendors or partners.
HOW DO WE USE WEBSITE VISITOR (or “your” or “you”) INFORMATION?
We use your Information to administer the Websites and Fundraiser and related business activities, perform analytics, to provide customer service and to send you important Fundraiser notifications by email.
We may use your email address to send you commercial email we believe you may have an interest in. We may use your postal address to send you mail about products and services we believe you may have an interest in.
We may aggregate your Personal Information with other information we collected at the time you visit the Websites and/or voluntarily submit your Information, such as your IP address, computer operating system, device type, referring URL, click activity, survey responses related to your health and lifestyle and other interest information.
We may use your Information, or an encrypted/hashed version of your Information, to deliver more relevant or personalized advertising to you on the Websites, or across other websites, social networks and marketing channels.
HOW IS WEBSITE VISITOR (or “your” or “you”) INFORMATION SHARED?
We may share your Information with our Affiliates and third party marketing partners, who may send you information, including information about products and services, that may be of interest to you. These partners may combine your Information with other data and may utilize email, postal, digital, social or other marketing channels to contact you.
We may share your email Information with our mailing partner, who may send you third-party emails about products and services that may be of interest to you. We may also share your Information with our Affiliates and third-party marketing partners. These partners may utilize postal, digital, social or other marketing channels to contact you.
We may share your Information with our Affiliates and third parties for analytic purposes, data append services, data validation, enhancement or other non-marketing purposes.
If you interacted with an advertiser on our Website, we may share your Information with that advertiser.
We may share your Information with our service providers who assist us with operating our business. These include email validation, fraud detection, email service and display service providers.
If we consider a transaction involving the purchase or sale of our assets or stock, other companies may review our records, including your Information, to make business decisions about the transaction. Likewise, if there is a sale or acquisition of SBP or any of its assets, your Information may be transferred to the purchasers.
We may share your Information with our Affiliates and/or third parties to develop and/or enhance their products and/or services.
INTERNET COOKIES as they relate to a WEBSITE VISITOR (or “your” or “you”)
Session Cookie: We place session cookies to assist with the navigation of our Websites and to store information temporarily. Session cookies expire soon after a user quits their session.
Persistent Cookie: We place a persistent cookie to assist us in identifying when you visit our Websites again, to track Fundraiser earnings requirements and to enhance your experience, including advertising you may be exposed to. These cookies remain on your computer or mobile device until deleted or they expire.
Additionally, we allow third party partners and Affiliates to place cookies on your computer or mobile device. Our persistent cookie and these third party cookies may be linked to your IP address, browser version, operating system, device, demographic or inferred interest Information. We may use them to help deliver more relevant advertising to you and to identify you on unaffiliated websites, apps, ad networks or for analytics, attribution and reporting purposes.
OPTING-OUT OF COOKIES
EDUs may opt-out of the placement of Cookies on the EDU’s Website(s) by clicking on this URL https://schoolfundcenter.com/contact/ now or visiting it anytime and completing and submitting the contact form. Please be sure to include your contact information, the name of your EDU organization, and your request for your EDU organization “not to allow the placement of Cookies and therefore sacrifice any corresponding Sponsor contributions”. It is important to know that:
INFORMATION a WEBSITE VISITOR (or “your” or “you”) PROVIDES DIRECTLY TO ADVERTISERS ON THIS SITE.
You are able to access certain advertiser’s web sites through our Websites. When you choose to interact, receive information or sign up for an offer from an advertiser, you may be doing so through third party web sites and with other entities over which we have no control. You should read those sites’ privacy policies to make sure you understand how those web sites collect, use and share your Information. We have no control over use of your Information by these third party web sites.
SECURITY OF a WEBSITE VISITOR’S (or “your” or “you”) INFORMATION
We use commercially reasonable efforts to prevent unauthorized access or disclosure, or accidental loss or destruction of your Information. We may not currently encrypt Information that we store. Given the nature of the Internet, your Information passes through entities that we are unable to control. Therefore, we cannot guarantee that our security measures or those of third parties who access or transmit your Information will prevent your Information from being illegally accessed, stolen or altered. SBP may use encryption technology to protect certain information sent over the Internet. SSL is an encryption technology known as “Secure Sockets Layer”. SSL encrypts transmissions between two parties and verifies the Web site server you are communicating with. An “s” after the “https” in a Website’s address indicates that a browser is attached to a secure server using SSL technology.
ACCESS TO WEBSITE VISITOR INFORMATION
All users who provide their Information to us may modify and correct their Information by contacting us via this link: https://schoolfundcenter.com/contact/ .
WEBSITE VISITOR (or “user” or “you” or “his/her”) CALIFORNIA PRIVACY RIGHTS
The California “Shine the Light” law permits users who are California residents to request information regarding our disclosure of their Information to third parties including the categories of Information shared and a list of the names and addresses of third parties with whom the Information was shared. If you are a California resident and would like a copy of this notice, please submit a request by contacting us either online or by writing to us at the address set forth via this link: https://schoolfundcenter.com/contact/ . In your request, please specify that you want “Your School Bell Partners, LLC California Privacy Rights Notice.” Please allow 30 days for a response.
Most browsers contain a “do-not-track” setting. In general, when a “do-not-track” setting is active, the user’s browser notifies other websites that the user does not want their Information and online behavior to be tracked and used, for example, for behavioral advertising. As required by recent Shine the Light law amendments we are required to inform you that, as is the case with most websites, we do not honor or alter our behavior when a user to our Website has activated the “do-not-track” setting on his/her browser.
TO FURTHER PROTECT PRIVACY
Sponsors, other online retailers, and partners, third party Internet sites, and third party services accessible through the Websites have separate privacy and data collection policies and practices, which are independent of and may be different from SBP’s policies and practices. SBP is not responsible or liable for these independent policies and practices, and it is each EDU’s responsibility to review those policies and practices, and to decide whether or not they satisfactorily protect the EDU’s rights.
We reserve the right to revise and update this Policy at any time. If we make material changes to this Policy, we will post notice on our Website. Any such revisions will be effective 7 days after posting to the Website or 3 days after SBP notifies an EDU, or EDUs, directly, via email, telephone or facsimile transmittal, and will apply to all Information collected by us both before and following the effective date. EDU use and website visitor use of the Websites or participation in any Fundraiser following any such revisions will be deemed their acceptance of such revisions. Users should periodically visit this page to review our current policies on our collection and use of Information.
These Internet Privacy Practices and Terms and Conditions were last modified in 2019, and update and replace any previous Internet Privacy Practices or Terms and Conditions from SBP.
QUESTIONS, SUGGESTIONS OR TO CONTACT US
If you have any questions, comments, complaints, or suggestions regarding our Policy or the Website, please contact us online or by writing us at the address set forth at this link: https://schoolfundcenter.com/contact/ .
DISQUALIFICATION FROM PARTICIPATION
Failure by any EDU to comply with these rules may cause such EDU to be disqualified from participation in the Fundraiser at SBP’s (as defined below) sole discretion.
By accessing and using the Website, you agree to all of the Rules. If you do not agree to the Rules, please do not use or visit the Website or participate in any promotion offered or promoted on this Website, including the Fundraiser.