Fundraiser Terms and Conditions

Thank you for your interest in fundraising with us. The Fundraiser Program refers to the fundraising process created by Memory Plush to partner with you and your organization. 

Your Fundraiser request is approved when you receive a confirmation email from Memory Plush. The following terms and conditions apply to your Fundraiser with Memory Plush.

SECTION 1 – FUNDRAISING PARTNER

We created our Fundraiser Program to benefit non-profit organizations, such as school groups, churches, scouts, sports groups and more. We are more than happy to partner with you in most cases.

We do not, however, partner with entities, organizations, websites, and individuals who promote sexually explicit materials, violence, discrimination (based on race, sex, religion, nationality, disability, sexual orientation, or age), or illegal activities.

SECTION 2 – PROMOTING THE FUNDRAISER

You are free to promote your Fundraiser in any manner, as long as your methods of promotion are considered legal under federal and state laws of the United States of America. The state laws that are applicable are from the jurisdictions where you live, where your organization operates, and where Memory Plush operates – Texas. You may not infringe on the intellectual property of others, including trademarks, copyrights, and patents, while promoting your Fundraiser.

Along with promoting your Fundraiser, you may promote your unique promo code, Memory Plush products, and Memory Plush itself.

It is your responsibility to cover any costs incurred by you and your organization to promote your Fundraiser.

SECTION 3 – LOGO AND PICTURE USE 

In relation to your Fundraiser with Memory Plush, you may use Memory Plush’s name, logo, and pictures ONLY to promote the Fundraiser and only during your approved Fundraiser period. You and your organization may not issue press release to local media about promoting the Fundraiser, unless you obtain Memory Plush’s written approval.

For Memory Plush pictures, you may use pictures found on our website, www.memoryplush.com, and on our Facebook and Instagram channels, @memoryplush.

SECTION 4 – PAYMENT RULES

To qualify for payment from your Fundraiser, at least 10 units of Memory Plushies must be sold through your unique promo code. “Memory Plushies” refers to our memory foam pillow plushies. You can view which products qualify as a Memory Plushie here: https://memoryplush.com/collections/memory-plushies

As you refer more sales of Memory Plushies, the percentage of sales we donate back to you will increase. Our current percentage of sales donated back to you is: 10% of sales if you refer the sales of 10 or more Memory Plushies; 12% of sales if you refer the sales of 50 or more Memory Plushies; and 15% of sales if you refer the sales of 100 or more Memory Plushies.

We assign you a unique promo code to track how many sales of Memory Plushies are referred by your Fundraiser.

Memory Plush will pay you or your organization through PayPal. If another method of payment is needed, please contact us at info@memoryplush.com.

SECTION 5 – DURATION OF FUNDRAISER

The duration of your Fundraiser with Memory Plush automatically lasts 30 days, unless specified otherwise in written communication between you and Memory Plush.

Either party may end your Fundraiser at any time, with or without cause, by giving the other party written notice. Your Fundraiser will terminate if any terms in our Fundraiser Terms and Conditions are breached by you. 

SECTION 6 – MODIFICATION TO TERMS

We reserve the right at any time to modify the Fundraiser Terms and Conditions or discontinue the Fundraiser Program without notice at any time. We shall not be liable to you or to any third-party for any modification or discontinuance of the Fundraiser Program.

SECTION 7 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

In no case shall Memory Plush, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

SECTION 8 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Memory Plush and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Fundraiser Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 9 – CONTACT US

This agreement only specifies the terms for fundraising with us. For terms related to our website, products, and prices, please visit https://memoryplush.com/pages/terms-of-service

For more questions about our Fundraiser Program or your Fundraiser with Memory Plush, please contact us at info@memoryplush.com