I am the individual named above and I acknowledge and agree that I will receive a True Link Protection Prepaid Visa Card (the “Card”) issued by Sunrise Banks, N.A. (the “Bank”) and that subsequently, my group will receive grants to that Card from the Organization to support our activities. By my signature on this Agreement, I agree to comply with and be bound by the following terms and conditions:
1. Authorized Purposes. I acknowledge and agree that neither I nor my group are agents or representatives of the Organization, that we are not authorized to act on behalf of the Organization, and that my group is an entity that is totally independent of the Organization. I further acknowledge and agree that use of the Card is limited exclusively to not-for-profit purposes related to the promotion of the social welfare as described in my application to participate in the fundraising system and subject to the additional restrictions set forth below. In the event that I misuse the Card in violation of these restrictions, the Organization may recover any money spent on prohibited expenses by deducting them from past or future grants, or may immediately cancel the Card. Furthermore, in the event that I misuse the card in violation of these restrictions, the Organization will, at the Organization’s sole discretion, be entitled to recoup all remaining and future funds added to the Act Blue account created to fund the card.
(a) The Card must not be used for any personal or private benefit, unauthorized, improper or illegal charges, including but not limited to alcohol and gambling. The Card shall not be used for cash advances, gift cards, gift certificates, or the purchase of traveler’s checks.
(b) The Card may not be used to make direct financial contributions or other direct financial support to a candidate, political party, or PAC.
(c) The Card may only be used for expenditures related to “political activity” in connection with federal elections only if given advance written approval by the Organization. I agree to, and shall comply with, any additional requirements placed on me or the group by the Organization related to the approved political spending and activity. Political spending is subject to strenuous reporting requirements under federal election law. Any money spent on “political activity” in relation to this grant agreement without prior written approval constitutes a violation of the agreement, and my group will be wholly responsible for reporting requirements to relevant legal authorities. Approved expenditures for “political activity” must constitute less than fifty percent (50%) of my local group’s total monthly budget. I understand that “political activity” is any activity conducted to influence the election, selection, nomination, or appointment of any individual to a federal office; to an office in a political organization or political party; or as a delegate or elector for President or Vice President. Voter education and engagement activities are not considered “political activity”, as long as they do not support or oppose candidates or political parties. If I have questions as to whether or not a particular expenditure constitutes “political activity”, I agree to contact the Organization prior to making any such expenditure. I understand that the Organization may not authorize certain political expenditures and that decision rests in the Organization’s sole discretion.
(d) The Card may not be used for expenditures on state and local elections, and the Organization will not offer any guidance on reporting requirements for political spending on state and local elections.
(e) The Card is subject to and must be used in compliance with the individual Cardholder Agreement, including the Schedule of Fees and Charges, and any Privacy Notice provided to you by the Bank.
(f) I acknowledge and agree that I may use the card for some purposes that may be subject to certain state regulations, including but not limited to laws requiring those who spend money lobbying or encouraging others to lobby state or local officials to register or report their activities to regulatory bodies. I agree that I am solely responsible for ensuring that I comply with those laws.
(g) I acknowledge and agree that I am responsible for complying with additional terms, guidance, and updates from the Organization regarding the Distributed Fundraising program and permissive use of this Card.
2. Funding of Card. I acknowledge and agree that the Card will be funded, in whole or in part, through donations made to the above-named local group through the ActBlue website. The Organization shall arrange for such donated funds to be transferred to the Card.
(a) In addition to abiding by all of the other terms of this Agreement, use of the card is contingent on active participation in fundraising for local group activities through the ActBlue website. In the event that the local group associated with a card does not actively participate in local group fundraising activities through the ActBlue website for a period of three months, I acknowledge and agree that the Organization may cancel the Card and, at the Organization’s sole discretion, the Organization will be entitled to recoup all remaining and future funds added to the Act Blue account created to fund the card.
(b): I further acknowledge and agree that all funds raised through the ActBlue website or any other authorized platform shall be raised for the general purposes of the Organization and the local group. I acknowledge and agree that all solicitations will be made for the general purposes of the Organization and the local group. I acknowledge and agree that I will not make any solicitation on the local group’s ActBlue website or in any other forum that indicates that funds will be used to support or oppose any specific political candidate, to intervene in any specific political race, or to carry out any specific local or state lobbying effort.
3. Improper Charges. I understand that the Organization may review and investigate use of the Card and I have no expectation of privacy concerning any charges incurred. I will cooperate with any such review or investigation. I agree to be held personally liable for the total dollar amount of any improper charges incurred plus any administrative fees assessed in connection with misuse of the Card. I agree to repay the Organization any such improper charges plus finance or other charges due in connection with the misuse of the Card and the Organization may take appropriate legal action to collect any such monies owed. If the Organization is required to take legal action to collect monies owed under this Agreement, I agree to pay the Organization’s expenses, including attorney’s fees, incurred in its collection efforts. I agree that I may be liable for improper charges that result from allowing others to use the Card.
4. Indemnification. I agree to hold harmless and indemnify the Organization and its directors, officers, agents and employees against any and all loss, liability, damage, or expense, including any direct, indirect or consequential loss, liability, damage, or expense and attorneys’ fees, for injury or death to persons, for damage to property, or any other loss, liability, damage, or expense arising out of or in any way related to my use of the Card for unauthorized or illegal purposes as set forth herein.
5. Monthly Expense Reports. I agree to reconcile my expenses and submit monthly expense reports to the Organization on or before the fifteenth (15th) day of each month of the year. Such monthly reports shall be supported by appropriate documentation as required by the Organization. If I fail to timely submit accurate and complete monthly expense reports, the Organization may cancel the Card.
6. Termination or Revocation. I acknowledge and agree that the Card may be canceled immediately upon request by the Organization or upon termination of my affiliation with the local group identified above. I understand that this Agreement is revocable by me at any time upon written notice to the Organization. If canceled or revoked, I understand that I must stop using the Card immediately and properly and securely destroy and dispose of the Card. I understand that if the Card is canceled or revoked, I remain responsible for any misuse and remain indebted to the Organization for any personal, unauthorized, or illegal charges made prior to the cancellation or revocation of the Card. I understand that violations of this Agreement may result in a forfeiture of all future and remaining funds in the local group’s account in accordance with the terms herein and that, in such case, the Organization will be entitled to recoup those funds at its discretion.
As an exempt social welfare organization under section 501(c)(4) of the tax code, Indivisible Project is obligated to ensure that its funds are not used to the benefit of private individuals. When a Card is canceled or revoked, participation in the Distributed Fundraising program shall end. Indivisible Project is limited in its methods to transfer any remaining funds. Upon termination of a group’s participation in the Distributed Fundraising program, Indivisible Project may only transfer or redistribute the remaining funds on the Card in one of the following ways:
a. The group can spend down the funds on permitted group expenses;
b. The group may donate the funds to another group that participates in the distributed fundraising program;
c. The group may donate the funds to any 501(c)(3) or 501(c)(4) organization; or
d. The group may donate the funds back to Indivisible Project.
Indivisible Project cannot under any circumstances donate the remaining funds to an individual.
I acknowledge and agree that I shall promptly inform Indivisible Project in writing which option listed above that the group has made to transfer the funds.
7. Security. Reasonable care of the Card and reasonable precautions for its security must be taken. I promise to immediately notify the Organization upon discovering the Card has been lost, misused, or stolen or the Card has been the subject to fraud, unauthorized use or misuse. I agree to cooperate with any investigation concerning the loss, theft, or suspected misuse of the Card.
8. Entire Agreement. This Agreement constitutes the entire Agreement between the parties pertaining to the subject matter herein and expressly supersedes all prior written and oral agreements and understanding between the parties hereto with respect to the subject matter hereof. This Agreement may not be amended or modified unless so modified in writing by the parties.
9. Severability. If any provision of this Agreement is, becomes or is deemed invalid, illegal or unenforceable in any jurisdiction, such provision shall be deemed amended to conform to the applicable laws so as to be valid and enforceable, or, if it cannot be so amended without materially altering the intention of the parties hereto, it shall be stricken and the remainder of this Agreement shall remain in full force and effect.
10. Waiver. No waiver by a party of any breach of or default under this Agreement shall be deemed to be a waiver of any other breach or default of any kind or nature, whether or not such party knows of such breach or default at the time it accepts such payment or performance. No failure or delay on the part of a party to exercise any right it may have with respect to this Agreement shall prevent the exercise thereof by such party at any time such other party may continue to be so in default, and no such failure or delay shall operate as a waiver of any default. A failure by either party to insist upon strict compliance with any of the terms of this Agreement in any instance shall not be construed as a waiver of such terms in the future.
11. Joint and Several Liability. If any party consists of more than one person or entity, the liability of each such person or entity signing this Agreement shall be joint and several.
12. Governing Law. The parties hereto expressly agree that this Agreement will be
governed by, interpreted under, and construed and enforced exclusively in accordance with the laws of the District of Columbia.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date(s) set forth below.
