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1. Purpose :

The purpose of www.SchoolSpiritStuff.com is :

a) to create an online resource for students, teachers, parents, alumni and others to purchase "School Spirit" apparel and related merchandise.

b) to create a way to assist schools and clubs within the schools to generate revenue through fund raising, and to do so in a way that there is minimal over-head or up-front costs to the schools and/or clubs.

c) to eliminate and/or reduce the need to carry inventory for those schools/clubs, thereby minimizing risks and costs associated with inventory procurement and management.

2. Enrollment :

a) Generally we will want to contract with key personnel within the school staff. It is not necessary for us to work directly with the school principal or superintendent, although those staff members should definitely be made aware of the program and be kept appraised of what is going on.

b) The people we will need to work with are people involved in the following areas :

1. Selecting merchandise
2. Selecting artwork
3. Promotion/Advertising the program to students and parents
4. Treasurer (or similar) who will be working on receipt of compensation on a quarterly basis

c) Enrollment is on an annual basis, consecutive with the school calendar. Running September 1 - August 31 of the following year. Contracts will terminate automatically as of August 31 and will need to be renewed prior to that date.

d) You must provide us with accurate and complete contact and payment information when you enroll. You must immediately notify us if any of this information changes. If you do not provide is with complete, accurate, and updated contact information, your contract may terminate prior to August 31, and compensation awaiting payment will be forfeit.

e) www.SchoolSpiritStuff.com is meant as a fund-raising vehicle for non-profit and not-for-profit organizations and therefore will not contract with any individual or organization that intends to resell for personal profit.

3. Items and Availability :

a) Upon initial enrollment agreement, we will work with you to determine what items, colors, and sizes you would like to offer for your school. Although we work to make sure that these items, colors, and sizes are available for the complete annual enrollment period, we can not guarantee that those items, colors, and sizes will remain available.

Dye lots may change and/or products may be substituted so we do not guarantee that items purchased will match previous items purchased from the web site.

Manufacturer and suppliers operate on calendar years, so items may change during the enrollment period.

In addition, suppliers may sell-out of a given product and that product may be either back-ordered or discontinued, at which time, we will need to remove that option of clothing from the online offerings. We will make every effort to complete orders on products that are back-ordered or discontinued by substituting similar products.

www.SchoolSpiritStuff.com and YOUR BUSINESS HERE make NO GUARANTEES on the continued availability of products selected during initial set-up. We reserve the right to substitute similar products when necessary to complete orders for customers.

b) There is an 'up charge' for sizes greater than Adult XL. This charge may vary by product and we reserve the right to modify this charge at any time.

4. Artwork :

a) Unless other agreements are entered into with enrolled parties, ALL ARTWORK ON WWW.SCHOOLSPIRITSTUFF.COM REMAINS THE INTELLECTUAL PROPERTY OF YOUR BUSINESS HERE. Without prior written consent from one of our corporate officers, you may in no way (electronically or otherwise) duplicate, distribute, or reproduce this artwork. Failure to obtain prior written consent will be considered copyright infringement and we will prosecute to the full extent of the law.

b) We reserve the right to remove or eliminate artwork options from our web site.

c) Upon enrollment we will work with you to develop artwork for your fundraiser. We reserve the right to charge for development of that artwork as part of the initial setup fee. Additional artwork may be developed during the enrollment period and that artwork may or may not incur additional fees.

d) While generally, we will develop the artwork for your club, you may also submit your own ideas for products and artwork with the following guidelines :

You may not design, produce, market or sell a product that is generally offensive or inappropriate for use with on our web site, as determined by us in our sole and absolute discretion. For example, but without limitation, you may not design, produce, market or sell a Product that we believes:

(i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity;

(ii) is libelous, defamatory or slanderous;

(iii) is obscene or pornographic;

(iv) is designed to or does harass, threaten, or abuse others; or

(v) violates any applicable law, rule, or regulation, including, without limitation, by exploiting images or the likeness of minors.

5. Compensation and Fees :

a) Threshold for compensation is set at $25 USD.

b) Payments to schools and/or school clubs will be made quarterly. (December, March, June, September).

c) If your fundraising efforts earn less than the threshold, then the amount of such compensation will not be paid, but will accrue until such time as it becomes equal to or greater than the Payment Threshold. We will make a payment to your school and/or school club by check for the amount of such compensation at the end of the quarter in which your account reaches the Payment Threshold.

We may, at our discretion, send you a payment before your accrued compensation reaches or exceeds the Payment Threshold.

d) If we owe you accrued compensation that is less than the Payment Threshold for at least 365 days, then we may send you payment of such accrued compensation minus a $5 processing fee. If the amount of accrued compensation is under $5 USD for at least 365 days, such amount will be used to cover our administrative costs and no payment will be made to you.

e) If, for some reason, you wish to terminate your Account, and you have less than $25 USD in accrued but unpaid compensation then outstanding, we may charge you a $5 USD processing fee when sending you your final payment to cover our administrative costs. Payment will be sent within 30 days of termination request.

f) Setup fee for new enrollments is $15 USD. This includes meeting with you to determine items, color, sizes you would like to offer, as well as setting up the web site for your store. It does not include art development.

6. Termination :

You may terminate your enrollment with us at any time during the enrollment period. Termination request must be received in writing 30 days prior to requested termination date, and submitted by person(s) who signed the enrollment agreement. Setup fee is non-refundable. All artwork developed for you remains the property of YOUR BUSINESS HERE. Compensation accrued will be submitted under terms 5e of this document (above).

8. Indemnification :

As you are bound by the Terms of Service in enrolling in this service, you must indemnify, defend and hold YOUR BUSINESS HERE harmless for any claim arising out of, relating to, or connected with using the service. You must also indemnify, defend, and hold YOUR BUSINESS HERE. harmless based on any Claim alleging facts that, if true, would constitute a breach of this Agreement. We may withhold any commissions that we owe you if you have to indemnify us.

9. Customer Information :

YOUR BUSINESS HERE may, from time to time, provide you with information relating to Customers that purchase Products from your shop. You may only use or disclose this information to a third party for your internal record keeping, to ship the Products that users purchase from your Shop, and for marketing your Shop and your Products. You may not disclose any of this information to a third party or use it for any other purposes including marketing, mailings, telephone solicitation, electronic use, etc.