Survey Usage Agreement

This usage agreement (AGREEMENT) is an agreement between the organization (ORGANIZATION) and Charity Dynamics, a Texas corporation with offices at 3420 Executive Center Drive Suite G-100, Austin,  TX 78731 (CHARITY DYNAMICS) and sets forth the terms and conditions which Charity Dynamics delivers the Donor Engagement Survey (SURVEY) to ORGANIZATION.

TERMS OF USE
ORGANIZATION agrees that only one SURVEY will be administered per ORGANIZATION, including affiliates.  If another person at the ORGANIZATION has requested the SURVEY, CHARITY DYNAMICS will provide the link to the SURVEY and the contact information for the original requestor.  Representative agrees that the SURVEY for the ORGANIZATION will be live for 30 days from the go live date. ORGANIZATION agrees that they are responsible for the promotion of the SURVEY to constituents. ORGANIZATION agrees that the SURVEY must receive a minimum of 100 COMPLETED SURVEYS in order for CHARITY DYNAMICS to provide results.  COMPLETED SURVEYS is defined as SURVEYS that receive responses to all questions presented in the SURVEY that require a response. ORGANIZATION agrees to allow CHARITY DYNAMICS to solicit individuals taking the SURVEY to opt-in to take the Nonprofit Donor Engagement Benchmark Study SURVEY in future years by providing their email address.  CHARITY DYNAMICS agrees to use the individuals’ email addresses exclusively for this purpose, sending a maximum of two email requests per year to participate in the Nonprofit Donor Engagement Benchmark Study SURVEY.

OWNERSHIP
The SURVEY is property of CHARITY DYNAMICS and is protected by copyright laws.  REPRESENTATIVE and ORGANIZATION may not copy and distribute the SURVEY or any portion of it except as expressly provided in this Agreement.

WARRANTIES AND LIMITATION OF LIABILITY
CHARITY DYNAMICS provides the SURVEY to the ORGANIZATION “as is” and makes no other express or implied warranty of any kind. Neither party will be liable to the other party for any indirect, incidental or consequential damages arising out of this agreement or the SURVEY.

TERM
The term of this Agreement will begin on the date accepted and end one year later.