Nonprofit Partner Acknowledgment

Effective Date: January 3, 2026

1. Purpose of This Acknowledgment

This Nonprofit Partner Acknowledgment ("Agreement") governs the relationship between Donate Your Balance ("DYB") and nonprofit organizations ("Partner," "you," or "your organization") that receive contributions from DYB.

By becoming a DYB partner, you acknowledge and agree to the terms below.

2. Nature of the Relationship

DYB is an independent for-profit company, NOT:

  • A charitable solicitor
  • A fundraiser acting on your behalf
  • An agent of your organization
  • A co-venturer or joint enterprise with your organization

DYB operates independently:

  • DYB accepts gift cards from donors and takes full ownership
  • DYB liquidates cards through its own channels and partners
  • DYB makes cash contributions to partner nonprofits at its sole discretion
  • DYB is not raising funds "for" your organization

Your organization is an independent contractor:

  • You do not have authority to bind DYB to any agreements
  • You do not act as DYB's agent or representative
  • You receive contributions from DYB, but you do not control or direct DYB's operations

3. No Solicitation or Agency Relationship

DYB does not solicit donations on behalf of your organization.

When donors choose your organization from DYB's partner list:

  • Donors are donating their gift cards TO DYB, not to your organization
  • DYB takes ownership of the cards
  • DYB later makes a cash contribution to your organization
  • Your organization is not involved in the gift card acceptance or liquidation process

Your organization does not solicit donations on behalf of DYB.

If your organization chooses to promote DYB (which is entirely optional):

  • You are simply informing your supporters about DYB's existence
  • You are not soliciting donations "for your organization through DYB"
  • You must accurately describe DYB's role (see Section 4 below)

4. How Partners May Describe DYB

If you choose to mention DYB to your supporters, you MUST use accurate language.

✅ ACCEPTABLE Language:

  • "DYB accepts donated gift cards and makes contributions to organizations like ours"
  • "Donate your unused gift cards to DYB, and they'll support [Your Org Name]"
  • "DYB is a for-profit company that converts gift cards to cash and supports nonprofits"
  • "You can donate gift cards to DYB and select [Your Org Name] to receive a contribution"

❌ PROHIBITED Language:

  • "Fundraise for our organization through DYB" ❌
  • "DYB is running a donation drive for us" ❌
  • "We're raising money with DYB" ❌
  • "DYB is our fundraising partner" ❌
  • "Your donation to DYB is tax-deductible" ❌
  • "DYB will donate 100% of your card value to us" ❌

Why this matters:

  • Misrepresenting DYB's role could trigger charitable solicitation registration requirements
  • Donors may be misled about tax deductibility
  • False statements violate this Agreement and may result in termination

5. Charitable Solicitation Registration

DYB is responsible for its own compliance with charitable solicitation laws (if any apply).

Your organization remains responsible for:

  • Any charitable solicitation registration required for your own fundraising activities
  • Compliance with IRS regulations governing 501(c)(3) organizations
  • Accurate reporting of contributions received from DYB

DYB does not file consolidated solicitation registrations on your behalf. DYB and your organization are separate legal entities.

6. Contribution Terms

DYB makes contributions to partner nonprofits on the following terms:

Contribution Amounts

  • DYB does not guarantee any specific contribution amount or frequency
  • Contribution amounts depend on gift card liquidation values, donor selections, and DYB's service fees
  • Some cards may not be liquidated successfully, resulting in no contribution

Contribution Timing

  • DYB makes contributions after liquidating gift cards and deducting service fees
  • Timing varies based on liquidation partner schedules, verification requirements, and administrative processing
  • DYB does not guarantee specific timelines

Payment Method

  • Contributions are made via check, ACH transfer, or other method agreed upon during onboarding
  • Partner is responsible for providing accurate banking information

Reporting

  • DYB will provide periodic reports showing contributions made (frequency to be determined)
  • Partner is responsible for issuing any applicable tax documentation to DYB (not to the original gift card donor)

7. Partner Eligibility

To remain a DYB partner, your organization must:

  • Maintain valid 501(c)(3) tax-exempt status (or equivalent nonprofit designation)
  • Provide accurate information during onboarding and notify DYB of any changes
  • Use contributions for charitable purposes consistent with your stated mission
  • Comply with all applicable laws and regulations
  • Not engage in activities that violate this Agreement

8. Trademark and Name Use

DYB owns all rights to the "Donate Your Balance" name, logo, and trademarks.

You may NOT:

  • Use DYB's name or logo without prior written permission
  • Imply endorsement or affiliation beyond the scope of this Agreement
  • Modify DYB's logos or branding
  • Use DYB's trademarks in domain names or social media handles

If DYB provides marketing templates:

  • You may use them as-is to inform supporters about DYB
  • You may not modify templates in ways that misrepresent DYB's role
  • Templates are licensed for your use, not owned by you

9. Termination

Either party may terminate this partnership at any time, for any reason, with or without notice.

DYB may terminate immediately if:

  • Your organization loses 501(c)(3) status
  • Your organization violates this Agreement
  • Your organization engages in illegal activity or conduct that damages DYB's reputation
  • Your organization misrepresents DYB's role or services

Upon termination:

  • DYB will remove your organization from its partner list
  • DYB will fulfill any pending contributions already in process
  • You must immediately cease using DYB's name, logo, and marketing materials
  • Sections 2, 3, 10, and 11 survive termination

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

DYB SHALL NOT BE LIABLE FOR:

  • Missed or delayed contributions
  • Variations in contribution amounts
  • Lost business opportunities or revenue
  • Any indirect, incidental, special, consequential, or punitive damages

DYB's total liability to your organization shall not exceed the total contributions made to you in the prior 12 months or $1,000, whichever is less.

11. Indemnification

You agree to indemnify and hold harmless DYB from any claims, damages, losses, or expenses (including attorneys' fees) arising from:

  • Your violation of this Agreement
  • Your misrepresentation of DYB's role or services
  • Your failure to comply with applicable laws
  • Your use of DYB's name or trademarks without authorization

12. Governing Law and Disputes

This Agreement is governed by the laws of the United States.

Disputes shall be resolved through:

  1. Informal negotiation (contact: support@donateyourbalance.com)
  2. Binding arbitration if negotiation fails

13. Entire Agreement

This Nonprofit Partner Acknowledgment constitutes the entire agreement between DYB and your organization regarding DYB partnership, and supersedes any prior agreements or understandings.

14. Modifications

DYB may modify this Agreement at any time by posting updated terms with a new Effective Date. Continued participation as a partner after changes are posted constitutes acceptance.

15. Contact Information

Questions about this Agreement?

By submitting a nonprofit partner application to DYB, you acknowledge that you have read, understood, and agree to this Nonprofit Partner Acknowledgment on behalf of your organization.