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American Red Cross

Customer Donation Program Terms and Conditions

The following terms and conditions govern the arrangement under which the active member of the National Association of Convenience Stores (“NACS”) (“Company”) identified on the NACS website’s Program Materials (as defined below) order form, which is attached hereto and incorporated herein (“Order Form”), shall be approved to volunteer, on a non-compensated basis, to help collect donations to benefit The American National Red Cross, a federally-chartered non-profit corporation headquartered in Washington, D.C. (“Red Cross”).

1. The Program. For the period of time specified herein (the “Program Period”), Company will conduct a program (“Program”) to collect money (“Donations”) from individuals (“Donors”) to support the Red Cross. During the Term, and in consideration of the right to use the Red Cross name and logo (“Red Cross IP”) contained within the advertising and marketing materials (“Program Materials”) which will be provided to Company by NACS upon Company’s submission of the Program Materials Order Form, Company agrees to collect Donations and to cause to be transmitted one hundred percent (100%) of all Donations to the Red Cross via check, as set forth in Section 2, below. Company shall donate or pay all costs and expenses associated with its role in the Program, including but not limited to those of transmitting Donations, and displaying the Program Materials; provided, however, that NACS shall pay for the printing and delivery to Company of the Program Materials.

2. Remittance and Reporting. Donations will be made payable to American Red Cross and will be transmitted to American Red Cross, P.O. Box 37864, Boone, IA 50037-0864. Each payment will be accompanied by a statement identifying the name of the Company and identification of the NACS Program, and the final payment must be verified by an officer of Company to verify accuracy. Donations must be transmitted no later than thirty (30) days after the end of the Program, or, if the Program lasts longer than thirty (30) days, every thirty (30) days following the first thirty (30) days of the Term. For one (1) year following the end of the Term, Red Cross may review Company’s financial records and bookkeeping for the Program and verify the accuracy of the accounting for all funds raised. The review will take place where the records are regularly kept during regular business hours, upon reasonable prior notice and at Red Cross expense. Company shall promptly make up any discrepancy or shortfall and, in the case of a shortfall equal to or exceeding five percent (5%), Company shall pay the reasonable third-party costs of the review.

3. Intellectual Property; Program Materials. Red Cross grants to Company a limited non-exclusive, non-transferable and non-assignable license to use the Red Cross IP contained within the Program Materials solely in connection with the Program. Company shall not state or imply that its use of the Red Cross IP indicates Red Cross’s sponsorship or endorsement of Company or of Company’s business, products or services. The Red Cross IP is and shall remain the property of Red Cross and Company’s use of the Red Cross IP shall inure solely to the benefit of Red Cross. Company shall not modify the Program Materials in any way. The license granted under this Agreement expires automatically at the end of the Term or, if this Agreement is terminated before expiration of the Term, upon such early termination. Red Cross reserves all rights not expressly granted herein.

4. Compliance. Company will comply, at its own expense, with all requirements imposed on it by law or regulation as a result of its role in the Program, and reasonably cooperate in supplying information and performing activities as may be required by Red Cross to comply with its charitable solicitation responsibilities. Company represents, warrants and certifies that: (i) it is in compliance with all U.S. economic sanctions, anti-terrorism laws and anti-money laundering laws, including the USA PATRIOT Act, laws administered by the United States Treasury Department’s Office of Foreign Assets Control, Executive Order 13224, and any local laws that apply in the jurisdiction in which it operates; and (ii) no child, indentured or forced labor or unauthorized workers will be used in any activity relating in any way to the Program. Company further represents and warrants that the Company contact person and contact information provided as identified within the Order Form are correct, and Company agrees it will notify Red Cross of any changes to that information.

5. Term; Termination. This Agreement shall begin on the date Company submits its application form, and shall expire thirty (30) days following the end of the Term, unless Red Cross terminates it earlier by giving Company notice thereof. Company will transmit the total Donation amount raised through the date of termination.

6. Donor Acknowledgements. Company is not required to give the Donor a Donation receipt; however, if it is reasonable and customary for Donors to expect one and practical to do so within the transaction (i.e., on printed register or email receipt), Company will give each Donor written confirmation of the Donation which states:

“A donation of $AMOUNT was made to the American Red Cross. No goods or services were provided by the American Red Cross in return for the donation."

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