Terms of Use

    1. Updated: August 8, 2016

      In order for Your Organization to use WidgetMakr.com you must purchase Services by agreeing to the terms of this legal Agreement.

      Your Organization agrees to be bound by the Terms of Use of Services by CLICKING “SIGN UP” indicating your acceptance of the terms of this Agreement or by using the Services. You must have the authority from Your Organization to enter into this Agreement and bind it to these terms and conditions. If you do not have that authority, you must not accept these terms and must not use Services.

      This Agreement will become effective as of the date of your acceptance of this Agreement.

 

    1. DEFINITIONS:

       

      • “You”, “Your”, “Organization” or “Your Organization” means the organization for whom you are accepting this Agreement.
      • “Services” means the online, Web-based platform and applications of WidgetMakr.com, a product of CMDI and its affiliates and partners, and the Processing Services, if Applicable.
      • “Processing Services” means the services provided to You pursuant to Section 19 of this Agreement
      • “Our”, “We” or “Us” means CMDI (D.B.A. WidgetMakr.com, the Virginia-based company, that provides the Services.
      • “User” or “Users” means the person or persons who You authorized to use Services using subscriptions purchased by You and who You supplied identifications and passwords by You or by Us at Your request.
      • “Your Data” means any information owned by You which is entered or loaded by Users into WidgetMakr.com.
      • “Your Customers” means any person or organization which utilizes WidgetMakr.com to make a donation or to provide information to You.

 

    1. You are purchasing the Services provided online at WidgetMakr.com. Your purchase is not contingent on any other written or oral representations. These Services include providing widgets, widget editor, data management tools, and payment processing services.

 

    1. Our responsibility is to make a commercially reasonable effort to make the Services You purchase available to You 24 hours a day, 7 days a week, except for (i) to perform maintenance or updates to Services or (ii) conditions beyond Our reasonable control, such as, acts of God, acts of government, acts of terror, civil unrest, flood, tornado, fire, earthquake, Internet provider delay or failure. We do not offer accounting, legal or compliance advisory services under this Agreement.

 

    1. Your responsibility is to make sure that Users’ comply with the terms of this Agreement. You will make commercially reasonable efforts to prevent unauthorized access to or use of Services, and will promptly notify Us of any unauthorized access or use. You will only use Services for Your Organization. You will not sell, resell, transfer, rent or lease Services to anyone else. You are solely responsible for the quality, accuracy, and integrity of Your Data and any use of the Your Data for any purpose including itemized and summarized data reported to the Internal Revenue Service, Federal Election Commission or other government authority. You shall not use Services to store or transmit (i) infringing, libelous, tortuous, unlawful material or store or transmit (ii) material in violation of third-party privacy rights or (iii) material containing malicious code.

 

    1. Fees are based on Services purchased. Payment is non-cancelable and fees paid are non-refundable. We may at any time in Our sole discretion charge a fee or change a fee for any Services upon posting on WidgetMakr.com. We may change the functionality of Services at any time, including modifying existing Services or adding new services. We may charge an additional fee for any new service.

 

    1. Payment will be made by valid and updated credit or debit card, or by automated debits to the Designated Account (defined below). You authorize Us to charge Your card or debit the Designated Account for all Services. Payment of monthly fees, if any, will be made in advance on the last day of the month preceding the next month of service except that the initial and final payments will be pro-rated for subscription terms not beginning on the first day of the month. Payment of transactional fees will be made each week following service.

 

    1. Taxes are not included in Our fees. You are responsible for paying taxes on Your purchases from Us, if any. If We are required to collect any taxes for which You are responsible, taxes will be charged to Your credit or debit card- for payment unless You provide Us a valid tax exemption certificate. We are solely responsible for taxes on Our income, property and employees.
    2. Non-payment for 10 or more days beyond due date may result in the acceleration of remaining monthly fees, if any, and in the suspension of Services until all amounts are paid in full. Interest will accrue at the rate of one (1) percent a month on all overdue balances.

 

    1. Ownership of Your Data is entirely retained by You. We have no ownership interest in data provided by You to Us. By using the Services, You grant to Us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sub-licensable (through multiple tiers) right to exercise all rights You may have in Your Data, including copyright, privacy, publicity, database and intellectual property rights in accordance with Our Privacy Policy. You may export all non-encrypted data provided by Your Customer. We reserve the right to retain a copy of Your Customer data for Us to communicate for the purpose of sending receipts, acknowledgements, notifications, inquiries, information related to their use of Services, to provide offers to Your Customers who have opted into Spark, or for any other purpose.

 

    1. Confidential Information belonging to either You or Us will not be disclosed by the other to a third party for any purpose outside the scope of this Agreement. Confidential Information means all information, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes any information You load or enter into WidgetMakr.com and Your advertising and marketing plans. Our Confidential Information includes Services, Our pricing, Our service providers, Our partners, Our product designs, Our technology and business processes. Confidential Information for You and Us also includes the terms and conditions of this Agreement. However, Confidential Information (other than Your Data) does not include any information that is or becomes generally known to the public without a violation of this Agreement or the person receiving the information already knew the information, received the information from another party or independently developed the information.

 

    1. Each of us will use the same degree of care to protect the confidential information of the other that it uses to protect its own confidential information, but in no event less than reasonable care. Each of us will limit access to confidential information of the other to only those employees, contractors and agents who need access to the confidential information for purposes consistent with this Agreement.

     

      1. PCI DSS Roles and Responsibilities
        CMDI
        1. We undergo an annual PCI DSS onsite Report on Compliance (ROC) assessment by a Qualified Security Assessor Company (QSAC).
        2. As part of its recurring compliance related tasks, We performs monthly ASV approved external vulnerability scans plus additional internal and external security vulnerability scans by qualified resources.
        3. We will process, store, and transmit cardholder data in compliance with all PCI DSS security controls.
        CLIENT
        1. If applicable, You are responsible to maintain your cardholder data environment in compliance with the PCI DSS so long as Our products and services are in use by You.
        2. You may be required to complete the relevant Self-Assessment Questionnaire (SAQ) and Attestation of Compliance (AOC) which we will file with the acquiring bank.

     

      1. Proprietary Software and Methods are owned solely and exclusively by Us along with all right, title, and interest in and to them and all modifications and enhancements thereto (including ownership of all trade secrets, patents and copyrights). Our programs and systems are commercially valuable, proprietary products of Ours, the design and development of which reflect the effort of skilled development experts and the investment of considerable time and money. Our programs and systems contain substantial trade secrets of Ours which shall be treated by You as confidential. We claim and reserve all rights and benefits afforded under federal copyright law in all software programs and user material that now constitute or may become part of the programs and systems used by You under this Agreement and in all system documentation related thereto, as unpublished works. Under no circumstances may You “unlock” the code of Our software, as the term is generally used in the trade. Under no circumstances may You disclose or disseminate Our software or methods to any of Our competitors. You will devote Your best efforts to ensure that all Your personnel and all other persons afforded access to Our software and methods will protect it against improper use, dissemination, or disclosure. You will not permit any of Our competitors or other third party to access Services without Our express written permission. Also You will not permit any party to (i) create derivative works based on Services, (ii) copy, frame or mirror Services, (iii) reverse engineer Services, or (iv) access Services in order to build a competitive product or service, copy any features, functions, methods or graphics of Services. You will not interfere with the normal and reasonable functioning of WidgetMakr.com by using a robot, spider, scraper or other automated means for access nor take any action that may impose an unreasonable load on Our infrastructure.

     

      1. By entering this Agreement, You acknowledge that, in the event of Your breach of any of the foregoing provisions, We will not have an adequate remedy in money or damages. We shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request and without the necessity of posting bond. Our right to obtain injunctive relief will not limit Our right to seek further remedies.

     

      1. You will indemnify Us and Our third party suppliers and licensors and hold them harmless against all claims, causes of action, judgments, damages, fines or expenses (including reasonable attorneys’ fees and expenses) arising from a third-party claim relating to Your use of Services or from any governmental action or investigation relating to Your use of Services.

     

      1. LIMITATION OF LIABILITY:

      2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WIDGETMAKR.COM, CMDI, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS ARISING OUT OF OR RELATED TO THIS AGREEMENT, EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER OR, WITH RESPECT TO ANY SINGLE INCIDENT, THE AMOUNT OF FEES PAID BY YOU HEREUNDER IN THE 3 MONTHS PRECEDING THE INCIDENT. YOUR OBLIGATION TO PAY FEES FOR SERVICES IS NOT LIMITED BY THIS PROVISION.

     

      1. WARRANTIES AND DISCLAIMER:

      2. We warrant that functionality will not be materially reduced during the term of this Agreement. If We breach this obligation, Your exclusive remedy is to Terminate for Cause and seek a Refund as provided by this Agreement.You warrant that you have the authority to enter into this Agreement on behalf of Your Organization.

        EXCEPT AS OTHERWISE STATED HEREIN, THERE ARE NO OTHER WARRANTIES EXPRESS OR IMPLIED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, FINES OR PENALTIES, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, LOST INCOME, LOST REVENUE OR FAILURE TO FILE OR COMPLY WITH THE RULES AND REGULATIONS OF ANY GOVERNMENTAL AUTHORITY, INCLUDING THE FEDERAL ELECTION COMMISSION.

     

      1. Term and Termination:

      2. The Term of This Agreement commences upon Our acceptance by providing login credentials to You and continues until all Services purchased under this Agreement have expired or been terminated. We will cease providing Services 30 days after receiving written notification of the Your intention to end this Agreement.
      3. Either You or We may Terminate this Agreement for cause by giving the other party 30 days written notice of a material breach during which time the other party has the opportunity to avoid termination by curing the breach. Upon termination for cause by You, We will refund any prepaid monthly fees for the remainder of term after the effective date of termination. Upon termination by Us, You will remain obligated to pay any and all fees payable to Us for the period prior to the effective date of termination.

     

      1. You must download Your Customer information prior to termination.

     

      1. NON-ASSIGNMENT:

      2. You may not assign or transfer this Agreement or its rights or obligations to another party without the express prior written consent of Us.

     

      1. APPLICABLE LAW:

      2. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its choice of law rules. The parties to this Agreement consent to exclusive jurisdiction and venue of the courts of the Commonwealth of Virginia in connection with any and all actions arising out of this Agreement. In the event of any dispute adjudicated between the parties, whether in litigation or permitted appeal, the prevailing party will be entitled to recover from the party not prevailing its reasonable attorneys’ fees and costs incurred in such proceeding. The parties agree that neither party may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within one (1) year.

     

      1. EMPLOYEE SOLICITATION:

      2. Neither You nor Us will Solicit for Employment, nor employ an employee of the other party during the term of this Agreement, nor for a period of one (1) year after termination of this Agreement without written consent of the other party.

     

      1. ENTIRE AGREEMENT:

      2. This Agreement, together with the Privacy Policy, constitutes the Entire Agreement between the parties with respect to the subject matter hereof and supersedes any and all written or oral prior agreements and understandings between the parties.

     

      1. MODIFICATION/SERVERANCE/WAIVER:

      2. WE RESERVE THE RIGHT, AT ANY TIME, WITHOUT NOTICE, AND AT OUR SOLE DISCRETION, TO UPDATE OR MODIFY THIS AGREEMENT, THE WEB SITE, OR THE SERVICES WE OFFER BY POSTING SUCH CHANGE, UPDATE, OR MODIFICATION ON THE WEB SITE. ANY SUCH UPDATE OR MODIFICATION WILL BE EFFECTIVE IMMEDIATELY UPON POSTING. MODIFICATIONS WILL BE INDICATED BY UPDATING THE “EFFECTIVE DATE” AT THE TOP OF THIS AGREEMENT.
      3. If any one or more of the provisions of the Agreement shall for any reason be held to be invalid, illegal or unenforceable, the same shall not affect any of the other portions of the Agreement. Failure or delay by either party in exercising any right or power hereunder shall not operate as a waiver of such right or power.

     

      1. COMMITTEE ORGANIZATION:

      2. You are an incorporated, not-for-profit organization. Your members, officers, employees, and agents will not be personally liable for any debt, liability, or obligation of the Organization. All persons, corporations, or other entities extending credit to, contracting with, or having any claim against the Organization, may look to the funds and property of the Organization for payment of any such claim, or for the payment of any debt, damages, judgment or decree, or any money that may otherwise become due or payable to them from the Organization.

     

      1. NOTICES:

      2. Any notice or other communication shall be made in writing and addressed to the parties at their addresses set forth below.
      3. WidgetMakr.com
        1593 Spring Hill Road
        Suite 400
        Tysons Corner, Virginia 22182
        Attn: Webmaster
        Phone: (703) 790-8676
        Fax: (703) 790-9389

     

      1. CAPTIONS AND HEADINGS:

      2. All captions and headings in this Agreement are intended solely for the convenience of parties, and none shall be deemed to affect the meaning or construction of any provision hereof.

     

      1. PROCESSING SERVICES:

      2. In the event you receive Processing Services under this Agreement, the Processing Services will be provided to you through Us by Our payment processing acquirer, Merchant e-Solutions, Inc., a Delaware corporation, having its principal office at 3600 Bridge Parkway, Suite 102, Redwood City, CA 94065 and its designated Member Bank (collectively “Acquirer”).  Acquirer will provide You with Processing Services in accordance with the terms of this Agreement. In consideration of Your receipt of credit or debit card funded payments, and participation in programs affiliated with MasterCard International Inc. (“MasterCard”), VISA U.S.A. Inc. (“VISA”), Discover (“Discover”), and certain similar entities (collectively, “Associations), You are required to comply with the Operating Regulations (defined below) as they pertain to applicable credit and debit card payments. In addition, if You meet certain requirements under the Operating Regulations or an Association, or the Operating Regulations otherwise require, You may be required to enter into a direct relationship with an entity that is a member of the Associations. By executing this Agreement, You have fulfilled such requirement.

     

      1. A. Your Responsibilities. You agree to comply, and to cause third parties acting as Your agent (“Agents”) to comply, with the Association’s and other payment network’s by-laws, operating regulations and/or all other rules, policies and procedures, including but not limited to the Payment Card Industry Data Security Standard, the VISA Cardholder Information Security Program, the MasterCard Site Data Protection Program, and any other program or requirement that may be published and/or mandated by the Associations or payment networks (collectively “Operating Regulations”). You may review the VISA, MasterCard, and Discover websites for a copy of the Visa, MasterCard and Discover regulations. The websites are: http://usa.visa.com/merchants/ and http://www.mastercard.com/us/merchant/ and http://www.discovernetwork.com/merchants/.  You also agree to comply with all applicable state, federal, and local laws, rules, and regulations (“Laws”). Without limiting the foregoing, You agree to fully comply with any and all anti-money laundering laws and regulations, including but not limited to the Bank Secrecy Act, the US Treasury’s Office of Foreign Assets Control (OFAC) and USA Patriot Act (or similar law, rule or regulation) and the Federal Trade Commission. For purposes of this section, Agents include, but are not limited to, Your software providers and/or equipment providers. You shall only complete sales transactions produced as the direct result of bona fide sales made by You to Your Customers, and you are expressly prohibited from processing, factoring, laundering, offering, and/or presenting sales transactions which are produced as a result of sales made by any person or entity other than You, or for purposes related to financing terrorist activities.

     

      1. B. Settlement. Upon receipt of Your sales data for card transactions, Acquirer will process Your sales data to facilitate the funds transfer between the various Associations and You. After Acquirer receives credit for such sales data, subject to the terms set forth herein, Acquirer will fund the bank account designated by You (“Designated Account”) for such card transactions. You agree that the deposit of funds to the Designated Account shall discharge Acquirer of its settlement obligation to You, and that any dispute regarding the receipt or amount of settlement shall be between You and Us. Acquirer will debit the Designated Account for funds owed to Acquirer as a result of the Processing Services provided hereunder. Further, if Your Customers dispute a transaction, if a transaction is charged back for any reason, or if Acquirer reasonably believes a transaction is unauthorized or otherwise unacceptable, the amount of such transaction may be charged back and debited from the Designated Account, You or Us.

     

      1. C. Termination of Processing Services. Notwithstanding anything in this Agreement to the contrary, Acquirer may immediately cease providing Processing Services to You without notice if (i) You or We fail to pay any amount to Acquirer when due, (ii) in Acquirer’s opinion, provision of a service to You or Us may be a violation of the Operating Regulations or any Laws, (iii) Acquirer believes that You have violated or is likely to violate the Operating Regulations or the Laws, (iv) Acquirer determines You pose a financial or regulatory risk to Acquirer or an Association, (v) Acquirer’s agreement with Us terminates, (vi) any Association deregisters Us, (vii) Acquirer ceases to be a member of the Associations or fails to have the required licenses, or (viii) Acquirer is required to do so by any of the Associations.

     

      1. D. Limits of Acquirer’s Liability. ACQUIRER DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  Your sole and exclusive remedy for any and all claims against Acquirer arising out of or in any way related to the transactions contemplated herein shall be termination of this Agreement. In the event that You have any claim arising in connection with the Processing Services, rights, and/or obligations defined in this Agreement, You shall proceed against Us and not against Acquirer, unless otherwise specifically set forth in the Operating Regulations. In no event shall Acquirer have any liability to You with respect to this Agreement or the Processing Services.  You acknowledge Acquirer is only providing Processing Services to assist Us in our relationship with You, that Acquirer is not liable for any action or failure to act by Us, and that Acquirer shall have no liability whatsoever in connection with any products or services provided to You by Us.

     

    1. E. Member Bank.  The term “Member Bank” as used in this Agreement shall mean a member of VISA, MasterCard and/or Discover, as applicable, that provides sponsorship services in connection with this Agreement. As of the commencement of this Agreement, Member Bank shall be Wells Fargo Bank, located 1200 Montego, Walnut Creek, CA 94598. The Member Bank is a party to this Agreement. The Member Bank may be changed, and its rights and obligations assigned to another party by Acquirer at any time without notice to You.

     

    Patriot Act Notification

    To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or business who opens an account. What this means for you: when you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We will also ask to see your driver’s license and/or other identifying documents. Please review items 1, 2 and 3 below.

    SUPPORTING DOCUMENTATION MUST BE PROVIDED:

      1. Business Identification – requires Government Issued Business License showing the Identification Number, Date of Issuance, Place of Issuance and the Expiration Date.  Other acceptable Business Identification documents include Tax Return, Corporate Resolution, Articles of Incorporation, Partnership Agreement or Business Financial Statements.

     

      1. Personal Identification – requires Driver’s License showing the Driver’s License Number, State of Issuance, Date of Issuance and the Expiration Date.  Other acceptable forms of Personal Identification include Passport, Mexican Consulate ID, Military ID or Resident Alien ID.

     

    1. Signature – By reviewing this document, clicking “I Agree” and supplying the identification requested above constitutes your signature that the information provided is true and correct.

    *Documentation must be legible to clearly show the required information listed above.

     

    Internet Merchant Questionnaire

    Merchant has reviewed and attests to this questionnaire as part of the Merchant Agreement addendums.

     

    1.         Provide a brief description of products or services offered.
    Donations

    2.         In what geographical areas will your products be sold or services are offered?
    United States

    3.         How are your products or services sold?
    Internet – online through Merchant websites

    4.         Who processes the order for the cardholder?
    WidgetMakr/CMDI

    5.         Who enters credit card information into the processing system?
    Cardholder

    6.         After charge authorization, how long until product ships?
    N/A

    7.         Who ships the product?
    N/A

    8.         Are products in stock or direct shipped from manufacturer?
    N/A

    9.         What shipping service is used?
    N/A

    10.       What type of service is used?
    N/A

    11.       Is signature required before product is delivered to customer?
    N/A

    12.       Is delivery receipt requested?
    N/A

    13.       Briefly describe your refund policy.
    No Refunds – On application as required field

    14.       What are your website addresses?
    On application as required field

     

    Disclosures

     

    Merchant Services Processor

    Processor Name

    Merchant e-Solutions

    Processor Address

    3600 Bridge Parkway, Suite 102, Redwood City, CA 94065

    Customer Service Phone

    (888) 288-2692

    Customer Service Email

    help@merchante-solutions.com

    Application Inquiry

    (888) 288-2692

    Sales

    (866) 540-2106

     

    Member Bank (Acquirer) Information 

    Acquirer Name

    Wells Fargo Bank

    Acquirer Address

    1200 Montego, Walnut Creek, CA 94598

    Phone

    (925) 746-4167

    Important Member Bank (Acquirer) Responsibilities

    • The Bank is the only entity approved to extend acceptance of Card Organization products directly to a Merchant.
    • The Bank must be a principal (signer) to the Merchant Agreement.
    • The Bank is responsible for educating Merchants on pertinent Visa and MasterCard Rules with which Merchants must comply; but this information may be provided to you by Processor.
    • The Bank is responsible for and must provide settlement funds to the Merchant.
    • The Bank is responsible for all funds held in reserve.

    Important Merchant Responsibilities

    • Ensure compliance with cardholder data security and storage requirements.
    • Maintain fraud and chargebacks below Card Organization thresholds.
    • Review and understand the terms of the Merchant Agreement.
    • Comply with Card Organization rules.
    • Retain a signed copy of this Disclosure Page.

    Merchant Resources

     

     

    Merchant Information and Agreement

    Collected electronically after Merchant fills out application and “Clicks to Agree” to Terms of Use