Organizational Agreement

Once you have agreed to the terms in the Benevolent Organizational Agreement “the Agreement”) by clicking the “I Agree” button below, you will be ready to submit profiles and needs to Benevolent for posting.

Benevolent, NFP (“Benevolent”) is pleased to provide periodic grants (the “Grants”) to (“Organization”) in amounts (the “Grant funds”) contributed by donors to Benevolent. The Grants are to be used for the support of individual needs sponsored by Organization and identified by donors to Benevolent through the Benevolent website.

Payment of Grants will be made according to the following terms and conditions, provided Benevolent first receives your agreement to the Agreement:

Benevolent will periodically pay Organization certain amounts contributed to Benevolent to meet individual needs sponsored by Organization on the Benevolent website. Benevolent may transmit these funds using a variety of means including check, ACH transfer, payment for goods or services or by issuing the funds through a secure debit card the certain amounts contributed to Benevolent. Provision of Organization’s information for ACH transfer purposes shall constitute Organization’s agreement to receive electronic transfer of funds. The funds may be issued to the Validator as defined in the Benevolent Terms of Use as the agent of the organization and the Validator acting as the agent of the Organization will distribute the funds on the Organization’s behalf to meet the specific needs of the individual sponsored by the Organization. Payment of each installment is contingent upon Benevolent’s receipt and approval of the reports described in paragraph 4 below and Benevolent’s satisfaction that all Grant funds have been and will continue to be used consistent with the terms of this Agreement.
Organization shall from time to time identify individuals served by Organization who have individual needs which could be met by contributions solicited through Benevolent’s website. Organization shall verify that each individual client whose information is submitted has a bona fide need which cannot be met without the assistance of charitable contributions. Organization hereby grants Benevolent permission to identify Organization (including its name and website) and its personnel, and to display all information provided to Benevolent by Organization in connection with the identification and validation of the need of Organization’s client, on the Benevolent website and in other Benevolent communications (including social media) in connection with the solicitation of contributions to meet the individual needs sponsored by Organization, and to disclose the information provided by Organization in accordance with paragraph 4 of this Agreement on Benevolent’s website and in other communications (including social media) and reports regarding the results of Benevolent’s activities.
Organization shall, upon the receipt of funds from Benevolent to meet the identified individual need, confirm that the need has not been met by other means and verify, to the best of its ability, that the need is bona fide. Organization shall have the absolute discretion to select other individual clients to benefit from the funds received, or to provide funds in less than the amount originally specified, if Organization determines that the individual need originally identified has already been met in full or in part, or is not in fact a legitimate need. If at any time the Organization determines that the Organization’s client’s individual need is no longer valid, or if the Organization redirects the funds collected for an individual need because the need has changed, then Organization cannot identify an additional request with respect to the specific client of the Organization for six (6) months from the date of its withdrawal or redirection of the funds.
If the funds are distributed to the Validator through a secure debit card, the Validator will be required to sign a Vendor Payment VISA Prepaid Cardholder Agreement which is attached as Exhibit A before the funds are distributed. Organization will, within a week of the satisfaction of an identified individual client need, provide Benevolent with a report on the use of Grant funds. Each such report should include an account of expenditures of Grant funds and a narrative of what was accomplished by the use of such funds (including a description of the individual needs met by the Grant).
In no event will Organization use any Grant funds: (a) to carry on propaganda, or otherwise to attempt, to influence legislation; (b) to influence the outcome of any specific public election, or to carry on, directly or indirectly, any voter registration drive; (c) or to undertake any activity other than for a charitable or educational purpose within the meaning of section 170(c)(2)(B) of the Internal Revenue Code.
Organization will maintain records of receipts and expenditures made in connection with the Grant funds, and will keep these records for at least two years (“Maintenance Period”). Organization will make its records in connection with the Grant funds available for inspection by Benevolent and its agents during normal business hours as Benevolent may reasonably request during the Maintenance Period.
Organization represents that it is a tax-exempt organization and public charity described in sections 501(c)(3), and 509(a)(1) or (2), respectively of the Internal Revenue Code of 1986, as amended (“Code”), or a governmental entity described in section 170(c)(1) of the Code. Payment of each Grant is contingent upon Organization maintaining this status. If Organization’s status under the Code should change at any time prior to the payment of all the Grant funds, Organization will promptly notify Benevolent of such change.
This Agreement contains the full understanding of the parties with respect to the Grant. The terms and conditions of this Agreement shall be governed by the laws of the State of Illinois. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Neither this Agreement nor any duty or right hereunder may be voluntarily assigned by either party without the consent of the other. This Agreement may be amended only with the prior written consent of both parties hereto.

Benevolent Organizational Agreement – November 10, 2015
CH143726.1
666666-55555

Organizational Agreement

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