Search now to support:
Wounded Warrior Project
terms privacy agreement

BEFORE REGISTERING FOR THE FREELANTHROPY CHARITABLE SEARCH PROGRAM YOU SHOULD CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS. BY CLICKING “I ACCEPT” AND PARTICIPATING IN THIS PROGRAM YOU INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR THE FREELANTHROPY CHARITABLE SEARCH PROGRAM.

This Charitable Search Agreement (the “Agreement”) between You and Freelanthropy, LLC, a California corporation, (“Freelanthropy”) consists of these standard terms and conditions. By registering for the Program, You represent that You are at least 18 years of age. “You,” “Your” or “Distributor” means any entity identified in an application form submitted by same or affiliated persons, and/or any agency acting on its behalf, which shall also be bound by the terms of this Agreement.

Freelanthropy is in the business of developing products and services to help non-profit organizations and socially conscious corporations on behalf of designated charities increase brand awareness, communicate messages effectively, and earn donation revenue. In connection with its business purpose, Freelanthropy has developed a desktop toolbar (the “Charitable Toolbar”), search boxes for distribution on Your web site (“Search Boxes”), online merchant listings (“Shop & Give”) and/or other tools that may be available to You from Freelanthropy (collectively, the “Program”) . You are participating in the Charitable Search program with intent to benefit your organization or in the case of a for-profit company, with the intent of benefiting the non-profit organization with which you are associated.

1. Freelanthropy’s Services
1.1 Development. Freelanthropy shall use commercially reasonable efforts to promptly develop the Charitable Toolbar for Distributor and provide other components made available through the Program. Distributor shall cooperate with Freelanthropy by providing information that may be reasonably necessary to enable Freelanthropy to develop the Charitable Toolbar for Distributor.

2. Grant of License
2.1 License. You grant to Freelanthropy permission to use Your organization’s name and logo (“Trademark”) solely in connection with the Charitable Toolbar developed for you by Freelanthropy and for the marketing and distribution thereof. Freelanthropy acknowledges Distributor’s ownership of the Trademark and all associated goodwill thereunder, and agrees that it will do nothing inconsistent with such ownership and that all uses of the Trademark by Distributor shall inure to the benefit of Distributor. Freelanthropy agrees that nothing in this Agreement shall give it any right, title, or interest in the Trademark, other than the right to use the Trademark in accordance with this Agreement.

3. Distribution of Charitable Toolbar.
3.1 Distribution. Upon development of the Charitable Toolbar, Distributor shall make the Charitable Toolbar available to its supporters (e.g. via display from the homepage of Distributor’s website, via e-mail communications with supporters), subject to the terms of this Agreement. Notwithstanding the foregoing, Distributor understands and acknowledges that it may not market the Charitable Toolbar in such a manner so as to incentivize, encourage or permit invalid clicks on sponsored search results by a user. A User shall mean any consumer who downloads the Charitable Toolbar. Distributor’s failure to comply with this provision shall constitute a material breach of this agreement and may result in immediate termination of this agreement by Freelanthropy, and entitle Freelanthropy to withhold payment to Distributor.

4. Prohibited Activities
4.1 Incentives. Distributor may not offer incentives of any kind for users to click on the sponsored search ads that may appear within the Yahoo search results provided hereunder. This includes encouraging users to click on the ads or to visit the advertisers' sites as well as drawing any undue attention to the ads. These activities are strictly prohibited in order to avoid potential inflation of advertiser costs.

4.2 Prohibited Clicks and Impressions. Any method that artificially generates searches or clicks is strictly prohibited. These prohibited methods include but are not limited to: repeated manual clicks or impressions, incentives to click or to generate impressions, using robots, automated click and impression generating tools, third-party services that generate clicks or impressions such as paid-to-click, paid-to-surf, autosurf, and click-exchange programs, or any deceptive software.

5. Termination; Cancellation
5.1 Termination and Cancellation. You may terminate this Agreement with or without cause at any time by sending written notice of your desire to cancel Your participation in the Program to support@freelanthropy.com. This Agreement will be deemed terminated within ten (10) business days of Freelanthropy's receipt of Your notice. Freelanthropy may investigate any activity that may violate this Agreement. Freelanthropy may at any time, in its sole discretion, terminate all or part of the Program, terminate this Agreement, or suspend or terminate the participation of any Distributor in all or part of the Program for any reason. In addition, Freelanthropy reserves the right to terminate without notice any account that has not generated a sufficient number of valid searches and/or clicks for a period of three (3) months or more. Upon termination of participation of any Site in the Program or termination of this Agreement for any reason, Sections 5 through 8 and 11 shall survive termination.

6. No Guarantee
6.1 No Guarantee. Freelanthropy makes no guarantee regarding the delivery of the Program or the amount of any payment to be made to You under this Agreement.

7. No Warranty
7.1 No Warranty. FREELANTHROPY MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE PROGRAM OR OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE EXTENT SEARCH RESULTS ARE BASED ON NON-FREELANTHROPY CONTENT, FREELANTHROPY SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH SEARCH RESULTS.

8. Limitations of Liability and Force Majeure
8.1 Limitations of Liability and Force Majeure. EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE PROGRAM, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) FREELANTHROPY'S AGGREGATE LIABILITY TO DISTRIBUTOR UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT PAID BY FREELANTHROPY TO DISTRIBUTOR DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

9. Royalty and Payment
9.1 Royalty. Subject to Distributor’s performance of its obligations under this Agreement, Freelanthropy shall pay Distributor a royalty equal to fifty-percent (50%) of the Revenues derived from the Program as determined by Freelanthropy in its sole discretion including any deductions for fraudulent activity. Revenue shall mean all revenue actually collected by Freelanthropy which is attributable to pay-per-click search results as currently included within Yahoo’s standard search service as part the Program or affiliate revenues generated through Shop and Give.

9.2 Payment. You shall receive a payment related to the number of valid searches and/or clicks, as determined by Freelanthropy for its participants in the Program. Unless otherwise agreed to by the parties in writing (including by electronic mail), payments to You shall be sent by Freelanthropy within approximately sixty (60) days after the end of each calendar quarter if Your earned balance is $100 or more, or once per year if your balance is less than $100, but greater than $25. In the event the Agreement is terminated, Freelanthropy shall pay Your earned balance to You, if $25 or greater, within approximately ninety (90) days after the end of the calendar month in which the Agreement is terminated by You (following Freelanthropy's receipt of Your written request, including by email, to terminate the Agreement) or by Freelanthropy. In no event, however, shall Freelanthropy make payments for any earned balance less than $25. If after 24 months an accrued balance is less than $25, in Freelanthropy's sole discretion Freelanthropy may donate this revenue to another charity of its choosing and will use reasonable efforts to direct the funds to an organization that operates in a related field. Notwithstanding the foregoing, Freelanthropy shall not be liable for any payment based on: (a) any amounts which result from invalid queries or invalid clicks generated by any person, bot, automated program or similar device, as reasonably determined by Freelanthropy; or (b) queries or clicks as a result of any breach of this Agreement by You for any applicable pay period. Freelanthropy reserves the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this Agreement by You, pending Freelanthropy's reasonable investigation of any of the foregoing or any breach of this Agreement by You. To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account. This information includes without limitation a valid U.S. Employer Identification Number (EIN). Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. Freelanthropy may change its pricing and/or payment structure at any time. If You dispute any payment made under the Program, You must notify Freelanthropy in writing within thirty (30) days of any such payment; failure to so notify Freelanthropy shall result in the waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Freelanthropy. No other measurements or statistics of any kind shall be accepted by Freelanthropy or have any effect under this Agreement.

9.3 Taxes. Each party acknowledges its own responsibility for complying with all tax laws, codes, and regulations relating to its participation in this Agreement.

10. Representations and Warranties
10.1 Representations and Warranties. You represent and warrant that (i) you have the power and authority, corporate and otherwise, to enter into this Agreement and to perform its obligations hereunder; (ii) performance under this Agreement will not: (a) conflict with or violate any provision of any law, rule, regulation, authorization or judgment of any governmental authority; (b) conflict with or result in any breach of, or constitute a default under, any contract or other agreement, instrument or undertaking to which you may be bound; and (iii) use of the Trademark in compliance with this Agreement will not infringe any third party’s trademark.

10.2 Representations and Warranties of Freelanthropy. Freelanthropy represents and warrants that it shall perform its services hereunder in a professional and workmanlike manner, in accordance with generally accepted industry standards and practices and in a manner that complies with all applicable laws.

11. Indemnification
11.1 Indemnification. You agree to indemnify, defend and hold harmless Freelanthropy from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein or your participation in the Program.

13. General Provisions
13.1 Governing Law & Jurisdiction. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without reference to conflict of laws principles. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the state (Los Angeles County) and federal (United States District Court for the Central District of California) California courts, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.

13.2 Entire Agreement. The terms and conditions herein contained constitute the entire agreement between the parties and supersede all previous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter hereof.