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Terms and conditions for FX4CHARITY - Charity affiliates


The parties to this agreement (the 'Agreement') are: Currencies Direct Limited ('CD') of 51 Moorgate, London EC2R 6BH (registered in England and Wales with company registration number 03041197) and the charity which has applied for affiliate status in the FX4Charity initiative (the 'Affiliate').


FX4CHARITY

  1. FX4Charity

    • FX4Charity is a fundraising marketing initiative owned and developed by CD. FX4Charity is also referred to in this Agreement as 'FX4C'.
    • FX4C is a brand owned by CD rather than a separate legal entity, and neither FX4C or CD has any charitable status of its own.
    • The Affiliate has agreed to promote the FX4C initiative in its marketing efforts aimed at potential donors.


  2. Obligations of the Affiliate

    • The Affiliate represents to CD at the date of entry into this Agreement that it is a charity registered in England and Wales. If at any point within the term of this Agreement the Affiliate is no longer registered as a charity in England and Wales, the Affiliate will notify CD immediately and this Agreement will end.
    • The Affiliate agrees that it will promote the FX4C initiative in its marketing and other material (including web content) aimed at potential donors. For this purpose, the Affiliate will make available to potential donors such promotional material as may be provided to it by CD. If the Affiliate receives any enquiries from such potential donors in relation to the FX4C initiative, it will refer such donors to FX4C's website.
    • The Affiliate agrees that it will not enter into any similar arrangement with, or promote (either directly or indirectly) to potential donors, any other provider of foreign exchange. The Affiliate acknowledges however that CD will provide the FX4C initiative to individuals, companies, partnerships, charities and other fundraisers (both in respect of their own respective foreign exchange requirements and on an 'affiliate' basis whereby they will promote the FX4C initiative on terms similar to this Agreement).
    • The Affiliate acknowledges that any donations paid to it by CD will depend on the activity of CD's clients within the FX4C initiative, and that CD does not make any guarantee as to the level of donations which the Affiliate may receive.
    • The Affiliate agrees that it will comply with CD's requirements from time to time in connection with the use of the FX4C initiative, branding and any related rights.


  3. Obligations of CD

    • Under the terms of the agreements which CD will enter into with its clients in relation to the FX4C initiative, CD will ask clients to select a ‘Nominated Charity’. The Affiliate will be a charity eligible for nomination. CD will make donations in respect of all its clients’ foreign exchange activity with CD where such clients have selected the Affiliate to be the Nominated Charity on a monthly basis in accordance with the terms of CD’s agreements with its clients.
    • If a client selects the Affiliate as its Nominated Charity, then CD will pass to the Affiliate the name and contact details of such client (provided, at all times, that CD has the consent of such client to do this, and that client has provided such details to CD).
    • Where requested by the Affiliate and agreed by CD, CD agrees that it will provide the Affiliate with a link to FX4C's website which provides that, when a potential donor accesses such link through the Affiliate’s own website, the Affiliate’s details will automatically be pre-selected as the Nominated Charity for that donor. However, if the potential donor accesses FX4C's website through any other link, then such potential donor will be able to select any other charity registered in England and Wales as its Nominated Charity.


  4. Termination

    • CD reserves the right to withdraw or amend the FX4C initiative at any point. If it does so, it will inform the Affiliate of such withdrawal or amendment in writing.
    • This Agreement will have a minimum term of one (1) year from the date it is entered into between CD and the Affiliate. Following the expiration of such term, either the Affiliate or CD may terminate the Agreement on 30days’ written notice to the other.
    • CD may terminate this Agreement at any point (including, for the avoidance of doubt, within the minimum one year term) if:
      • the Affiliate suspends payment of its debts, makes or takes steps with a view to making any composition or similar arrangement with its creditors, has a receiver appointed of some or all of its assets, takes or has any proceedings taken against it in bankruptcy, winding up or administration or takes or allows any steps to be taken for its winding up or administration (except for a solvent amalgamation or reconstruction approved in advance in writing by CD) or anything similar to any of these events happens to the Affiliate anywhere in the world; or
      • The Affiliate fails in any respect fully and promptly to comply with any obligations to CD under this Agreement or otherwise or if any of the representations of or information supplied by the Affiliate to CD are or become materially inaccurate.


  5. Ownership by CD of the rights in FX4C

    • CD owns all rights in FX4C, FX4Charity and PositiveFX (and any associated brands or intellectual property rights) and the Affiliate is not permitted to use (or permit to be used) such brand names or other rights of CD without the prior written consent of CD (other than for the marketing of the FX4C initiative to potential donors in accordance with the terms of this Agreement).


  6. Exclusion of third party rights

    • No third party shall have any rights to bring a claim under the Contracts (Rights of Third Parties) Act 1999 in respect of this Agreement.


  7. Applicable law and language
    • This Agreement and any relationship between CD and the Affiliate shall be governed by English law and subject to the exclusive jurisdiction of the English courts. All communications between the Affiliate and CD shall take place in English.