Fundraiser Organization Agreement

(Last Updated September 4, 2009)

General:

This Agreement, which governs the terms of your fundraiser with Pharmacology Weekly, Inc. and your use of Pharmacology Weekly, Inc.'s Products and Services, is between you ("you" or "Organization"), as an authorized and approved organization and user of such services, and Pharmacology Weekly, Inc., a Texas corporation, d/b/a Pharmacology Weekly ("Pharmacology Weekly"). Notwithstanding the foregoing, your service(s) will be provided to you and you will legally be authorized to conduct such a fundraiser with Pharmacology Weekly only if you meet all of the following requirements: (i) you have completed the online account registration for the required fields of information for an Organization, (ii) you have been approved by the appropriate staff or administration from Pharmacology Weekly, which decision shall be made in the sole and absolute discretion of Pharmacology Weekly, to conduct a fundraising program as outlined and within the boundaries of information provided at http://www.pharmacologyweekly.com/ in either textual or video format, and (iii) you agree that, upon completion of a fundraiser according to the standards and regulations outlined in this Agreement, you will receive a one time check based on the performance of the fundraiser within 6-8 weeks of your notification to Pharmacology Weekly that the fundraiser has been completed (or within 6-8 weeks of the automatic completion of your fundraiser, as further described below).

This Agreement is subject to and incorporates by reference herein the Terms and Conditions, the Individual Customer Agreement, as applicable, the Privacy Policy, the specific fundraiser payment terms to which you agree upon creation of your account, and any other supplemental documents expressly incorporated herein by reference and published from time to time by Pharmacology Weekly (collectively, the "Agreement"). Any and all references herein to the "Agreement" or this "Agreement" shall include all of the documents identified in the previous sentence. By accepting this Agreement and using the Pharmacology Weekly website, you are also agreeing to all of the above-listed documents.

This Agreement (as defined above) constitutes the entire agreement between Pharmacology Weekly and you regarding Pharmacology Weekly Products and Services for the purpose of conducting a fundraiser, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.

For purposes of this Agreement, "Pharmacology Weekly Products or Services" or "Products or Services" are defined as any and all services provided by Pharmacology Weekly to you either now or in the future. By receiving and/or using Pharmacology Weekly Products and Services, you confirm your acceptance of, and agree to be bound by, this Agreement, and you represent and warrant that you understand that this Agreement (as defined above) is a legally binding agreement and the equivalent of a signed, written contract. For purposes of this Agreement, "Customer" shall be defined as an authorized individual subscriber to the Pharmacology Weekly Products or Services, and shall not include the Organization unless such Organization has chosen to subscribe to and pay for such individual subscriber Products or Services.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, THE FUNDRAISER ORGANIZATION AGREEMENT, THE INDIVIDUAL CUSTOMER AGREEMENT (AS APPLICABLE), OR THE PRIVACY POLICY, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM THIS SITE.

Pharmacology Weekly Products and Services to the Approved Organization:

Pharmacology Weekly offers Products and Services for approved organizations at its website http://www.pharmacologyweekly.com/. The Products and Services which you will receive, upon approval to conduct a fundraiser by Pharmacology Weekly, in its sole and absolute discretion, are:

Online Organization Account

This account will give you: (i) the ability to make changes to your contact information; (ii) a Customized Webpage (as defined below and described in this document) for the purpose of allowing referrals that result in a purchase of Products or Services of Pharmacology Weekly from this Customized Webpage to be linked to you; and (iii) a mechanism for closing your fundraiser upon its completion, at a time determined by you, which will then notify Pharmacology Weekly so that you may receive your One Time Check (as defined and described below). 

Customized Webpage at pharmacologyweekly.com

Your customized webpage ("Customized Webpage") at the pharmacologyweekly.com website may include: (i) the ability for you to add minor text and/or organizational logos to provide a personal and customized feel to your fundraising program, and (ii) an official link for the purpose of allowing referrals that result in a purchase of Products or Services of Pharmacology Weekly from this Customized Webpage to be linked to you, and for you therefore to receive the appropriate credit..  NOTE: YOU WILL NOT RECEIVE CREDIT FOR REFERRALS MADE THAT RESULT IN THE PURCHASE OF PRODUCTS AND/OR SERVICES ON ANY OTHER PHARMACOLOGY WEEKLY WEBPAGE NOT LINKED TO YOUR ORGANIZATION, OR THROUGH THE GENERAL PHARMACOLOGY WEEKLY SUBSCRIPTION SERVICE. THE INDIVIDUAL CUSTOMERS REFERRED BY YOU MUST LOG ON TO YOUR CUSTOMIZED WEBPAGE AND FOLLOW THE LINKS THERE IN ORDER FOR THE ORGANIZATION TO RECEIVE CREDIT FOR SUCH PURCHASE.

One Time Check to Organization

Upon your completion of your fundraiser with Pharmacology Weekly, you will need to log on to your account on the www.pharmacologyweekly.com website and indicate that your fundraiser has been completed. However, when you first create the fundraiser account, you will have to select a time frame in which you agree to complete the fundraiser, which time frame shall not exceed one (1) year. If you do not log on to your account by the end of the applicable time period, your account will automatically close at such time. You will then receive a one time check (the "One Time Check"). This One Time Check can only be issued for those approved organizations who have had at least one referral that resulted in a purchase of at least one Product and/or Service of Pharmacology Weekly through your Customized Webpage. The One Time Check will be issued to you after approximately 6 to 8  weeks of either (a) your closing out the Pharmacology Weekly approved fundraiser in your online account available at http://www.pharmacologyweekly.com/, or (b) your account automatically closing out at the end of the time period preselected by you upon creation of your account, whichever is earlier.  The One Time Check will be made out to the name of the Organization based on the total number of newsletter subscriptions purchased through your approved Customized Webpage; provided, however, that any and all subscriptions for which (a) the Customer received a refund, (b) the charges were rejected by the credit card issuer, bank, or other third party payor (or its agent or affiliate), (c) the card issuer, bank, or other third party payor (or its agent or affiliate) has sought return of payments previously made to Pharmacology Weekly, or (d) Pharmacology Weekly has reason to believe were charged to a fraudulently-obtained or unauthorized credit card or other payment method, shall not count towards the total number of subscriptions purchased through your approved Customized Webpage.

Calculation of One Time Check

Currently, the amount of the One Time Check is based on the following benchmarks (the "Benchmarks"), subject to the above requirements and restrictions. Pharmacology Weekly may change these Benchmarks at any time for any future fundraisers, and it shall not be necessary for Pharmacology Weekly to revise this Agreement. Instead, the Benchmarks to be applied to the specific fundraiser, if different from those set forth below, will be stated in an email from Pharmacology Weekly to the Organization, and in the event of any conflict between the Benchmarks in such email and the Benchmarks set forth below, the Benchmarks in such email shall be the Benchmarks which shall govern the fundraiser. The term "Total Sales" as used below shall mean the total purchase price of all newsletter subscriptions purchased through the Organization's Customized Webpage.

Benchmarks:

50 total newsletter subscriptions = 10% of Total Sales + $75  BONUS

100 total newsletter subscriptions = 10% of Total Sales + $150 BONUS

250 total newsletter subscriptions = 10% of Total Sales + $300 BONUS

500 total newsletter subscriptions = 15% of Total Sales + $500 BONUS

750 total newsletter subscriptions = 15% of Total Sales + $750 BONUS

1000 total newsletter subscriptions = 20% of Total Sales + $1000 BONUS          

Possible Bonus Payments for Referrals to Other Organizations

Pharmacology Weekly may, in its sole and absolute discretion, offer an additional bonus payment to Organizations who have an existing Organization account with Pharmacology Weekly for referrals to other Organizations of Pharmacology Weekly, but such payments shall be subject to the bonus referral program described in this paragraph (the "Bonus Referral Program"). The time periods during which such Bonus Referral Program shall be offered shall be in the sole and absolute discretion of Pharmacology Weekly, and the Bonus Referral Program may be cancelled at any time whatsoever without any recourse available to the Organization other than payment for referrals made and approved in the manner set forth below PRIOR to such cancellation by Pharmacology Weekly of the Bonus Referral Program. The exact amount of such bonus payments will be set forth on the Pharmacology Weekly website when and if such Bonus Referral Program is offered, and such amount may vary from time to time. The terms of the Bonus Referral Program shall be that an Organization with an existing, approved Organization account with Pharmacology Weekly that has not been cancelled by either Pharmacology Weekly or the Organization, whether with or without cause, will be entitled to receive the payment amount set forth on the Pharmacology Weekly website under the Bonus Referral Program description only upon all of the following conditions being met: (1) referral by such Organization (the "Referring Organization") of the Pharmacology Weekly Fundraiser program to another Organization (the "Referred Organization"), (2) completion by the Referred Organization of the online account registration for the required fields of information for an Organization, during which such Referred Organization must indicate the Referring Organization from which it was referred, (3) approval of the Referred Organization by the appropriate staff or administration from Pharmacology Weekly to conduct a fundraising program through Pharmacology Weekly, which decision shall be made in the sole and absolute discretion of Pharmacology Weekly, and (4) agreement by the Referred Organization to this Fundraiser Organization Agreement, the Terms and Conditions, and the Privacy Policy. Failure by the Referred Organization to specify the Referring Organization in its initial online account registration shall result in the Referring Organization not being entitled to any payment for such referrals under this paragraph.

Pharmacology Weekly Products and Services to Referred Subscribers:

A description of the Products and Services provided by Pharmacology Weekly to individual Customers that have paid for such subscriptions may be found in the Individual Customer Agreement.  These Products and Services are not being delivered to you, but rather are the Products and Services that will be delivered to those Customers whom you refer to your approved Customized Webpage within the Pharmacology Weekly website, once the Customer decides to purchase such Products or Services. 

Privacy Policy:

Pharmacology Weekly is dedicated to establishing trusting relationships with its customers, based on respect for personal identity and information. To demonstrate our commitment to Customer privacy, we have developed a Privacy Policy, which you hereby agree you have read and agree to.

Organization's Responsibilities:

Upon approval by Pharmacology Weekly, you are given the right to only participate in the fundraiser program as outlined in this agreement and based on the descriptions provided to you on the website http://www.pharmacologyweekly.com/. Your participation in the fundraiser shall be for the benefit of the Organization only, and not for any third parties or individual persons. This right is conditioned on your continued compliance with this Agreement (including the documents included within the definition of such term as set forth above).  The approved Organization may use the Pharmacology Weekly name and/or logo for their fundraising program marketing as long as it is in the approved context of this Agreement. The Organization may not distort, change, or use the Pharmacology Weekly name and/or logo in a way that misrepresents Pharmacology Weekly or without the written approval from Pharmacology Weekly. The Organization must not misrepresent Pharmacology Weekly in any way, including, but not limited to, the mission or vision of Pharmacology Weekly and its intent for providing the Products and/or Services, the number and type of newsletter subscriptions being offered, and the prices per subscription per year.

Should Pharmacology Weekly at any time have reason to believe, as determined in Pharmacology Weekly's sole and absolute discretion, that the Organization or any of its representatives have (1) misrepresented to Pharmacology Weekly anything about the Organization, (2) misrepresented Pharmacology Weekly in any way, including, but not limited to misrepresenting Pharmacology Weekly's Products and Services or pricing schedule, or (3) violated this Agreement in any way, Pharmacology Weekly shall have the right to terminate this Agreement without any compensation whatsoever to the Organization, and the Organization will not receive the One Time Check to which it would otherwise be entitled pursuant to this Agreement.

YOU AGREE THAT THE BROAD INDEMNIFICATION PROVISIONS CONTAINED IN THE TERMS AND CONDITIONS SHALL ALSO APPLY TO ANY MISREPRESENTATION BY YOU IN VIOLATION OF THIS SECTION.

As further discussed in the Terms and Conditions, the Customer may not reproduce any of the material provided or published by Pharmacology Weekly, store its material in a retrieval system, sell such material, or transmit such material in any form or by any means, including, but not limited to, electronically, mechanically, photocopying, microfilming, recording, or otherwise, without written permission from the President of Pharmacology Weekly. Please refer to the Terms and Conditions for specific details on such restrictions.

Liquidated Damages:

The Terms and Conditions include a "Liquidated Damages" provision for your breach of your agreement not to distribute, reproduce, sell, or transmit in any other manner the information you obtain from the Pharmacology Weekly web site. Please refer to the Terms and Conditions for specific details.

DISCLAIMER AND LIMITATION OF LIABILITY:

Any use by the Customer OR ORGANIZATION of information obtained from the Pharmacology Weekly newsletters, websites, or otherwise is subject to the Terms and Conditions, and Pharmacology Weekly disclaims liability for such use to the extent set forth in the Terms and Conditions.   Please refer to the Terms and Conditions for further details concerning limitation of liability, disclaimers, and indemnification by you of pharmacology weekly.

The Organization shall not misrepresent itself as an official organization if it is not such an organization, nor shall it misrepresent itself as representatives, employees or owners of Pharmacology Weekly for the purposes of conducting a fundraiser.  If the status of the Organization requesting ability to do a fundraiser cannot be confirmed or verified as legitimate or is determined to not be qualified or appropriate to represent the Products and Services of Pharmacology Weekly, then the request for an organizational account will be denied and access to the website for Pharmacology Weekly may be denied without notification. This decision by Pharmacology Weekly to accept or deny a request by an Organization to conduct a fundraiser shall be in Pharmacology Weekly's sole and absolute discretion.    

Organization Representation:

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to comply with your responsibilities and obligations as stated in this Agreement. You represent and warrant that you are authorized to sign for and bind the contracting party, and you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers, or otherwise conceal your identity from Pharmacology Weekly for any purpose.  You represent and warrant that You are authorized to use the name being used by You as the Organization's Name for purposes of the Pharmacology Weekly website and Your "Customized Webpage" described above, and that such use is not an infringement on any trademark, trade name, or other intellectual property rights of any third party.  You agree that you will be fully liable for any alleged or actual unauthorized use of a name that infringes or is alleged to infringe on such third party's rights, and you agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS for all liabilities and claims, to the full extent of the broad indemnification provisions contained that section of the Terms and Conditions entitled "Indemnity."

Organization Member Account and Security:

As part of the registration process, you will be required to provide an email address at minimum. Once you become an approved organization to conduct a Pharmacology Weekly fundraising program, your membership and approval will be automatically sent to you by email in the form of an invoice. You will be given access to your online account using a username and a password to protect your account after logging in to the Pharmacology Weekly website. You are entirely responsible for failing to maintain the confidentiality of your username, password, membership or identification number and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Pharmacology Weekly of any unauthorized use of your account or any other breach of security known to you.

Modifications to the Organization Agreement:

Pharmacology Weekly may automatically amend this Agreement at any time by following the procedures set forth in the Terms and Conditions, which includes simply posting a revised Agreement (or other applicable document) on the Pharmacology Weekly web site. See the Terms and Conditions for more details concerning such modifications.

Termination:

As further set forth above and in the Terms and Conditions, any violation of this Agreement shall result in immediate revocation of any further access to any electronic material related to the website and will be prosecuted to the fullest extent allowable by law.

Modifications of Services:

Pharmacology Weekly reserves the right to modify or discontinue any of the Products and/or Services with or without notice to you, if you fail to comply, or Pharmacology Weekly has reason to believe you have failed to comply, with this Agreement. Pharmacology Weekly shall not be liable to you or any third party should Pharmacology Weekly exercise its right to modify or discontinue the Products and/or Services.

Customer's Responsibility to Obtain Access to Internet and Email:

It is your responsibility to obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to receive and/or access Products or Services, and to set your internet services provider's or intermediary's settings to appropriately receive outside emails from a blast email subscription service such as that being provided by Pharmacology Weekly. You must have your own active email account that is able to accept emails in html format.

NEITHER PHARMACOLOGY WEEKLY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES, INCLUDING SPECIFICALLY, BUT NOT LIMITED TO, ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF PHARMACOLOGY WEEKLY'S OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.

Charges:

There are no charges to you at the time of creating or upon approval of your Organization account.  This is free to those Organizations seeking to do Pharmacology Weekly's fundraising program and approved by Pharmacology Weekly to conduct such a fundraising program, in Pharmacology Weekly's sole and absolute discretion.