Whereas, Coalescent, Inc., ("Coalescent,") is a Virginia corporation: http://www.coalescent-inc.com ("web site") that provides technology solutions to the PAC community to assist them in their fundraising efforts.
Whereas, Subscriber is a Political Action Committee (PAC) or a designated PAC representative.
Now therefore, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged by the parties, it is agreed as follows:
Section I - Subscription Payment and Renewal
All billings and payments under this Agreement will be payable upon acceptance of this Agreement and on the annual anniversary date(s) thereafter. We will provide an annual email invoice to Subscriber sixty (60) days, then thirty (30) days, then ten (10) days in advance of the anniversary date for renewal. Payments under this Agreement may also be made monthly utilizing credit card services offered through Coalescent.
Section II - Suspension and Termination
Subscriber acknowledges that Coalescent, Inc. reserves the right to cancel at any time the access to its restricted website as a result of Subscriber's violation of any of the following terms and / or conditions. Cancellation may be exercised by Coalescent prior to the expiration of this Agreement and without refund of any portion of the Subscription fee.
Non-Payment of Renewal. Non-payment within five (5) days of the anniversary date for renewal may result in suspension of Subscription Agreement and loss of access to the secure web site.
Subscriber's Access. Upon acceptance of this Agreement, Coalescent will activate Subscribers account to the restricted web site at which time Subscriber shall have access to their posted fundraising events via its passcode to the secured web site.
Regulatory Compliance. Coalescent assumes no liability or responsibility for ensuring that listings placed on the web site are in compliance with any federal, state or local laws or regulations applicable to Subscribers, professional fundraisers, donors or fundraising beneficiaries.
Renewal. This Agreement shall automatically renew for successive one year periods under the same terms, except that the Subscription Renewal Price may be changed for the renewal term upon thirty (30) days written notice prior to the renewal period.
Confidentiality of Coalescent's Proprietary Information. Subscription information obtained through Coalescent is solely for the use of Coalescent's subscribers for scheduling and organizing events to prospective attendees. Subscriber agrees that the subscription information received from Coalescent is proprietary and is made available ONLY to Coalescent subscribers. Subscriber further agrees not to disseminate, distribute, publish or disclose the information obtained from this Subscription to any person, individual or third party not directly affiliated with or employed by Subscriber and further agrees not to utilize Subscription information for any commercial purpose other than those purposes outlined in this paragraph. Subscriber agrees that breach of his contract through the publication or other dissemination of Subscription information to unauthorized third parties in violation of these provisions shall result in payment by breaching party of liquidated damages to Coalescent, Inc. in the amount of $25,000.00.
Right to Refuse Subscription Application. Coalescent reserves the right to refuse to issue subscriptions to any person or entity who, in its sole discretion, does not meet its criteria of eligibility for subscription services. Subscription services will not begin until initial subscription fee has been paid and the Online Subscription has been accepted.
Termination Notice. Either party may terminate their Agreement without cause upon thirty (30) days written notice to the other. No refunds of the annual subscription amount(s) shall be due and owing to subscriber upon termination. Termination by Coalescent for Subscriber's violation of this Agreement shall be immediate.