Terms and Conditions

Campaigns

  1. Processing Fee.
    • AMP and the related programs and procedures of Aristotle and its suppliers, have been developed by Aristotle and its suppliers to assist PAC, grassroots, political and non-profit organizations in obtaining contributions through the medium of the Internet and portable mobile devices and in obtaining from contributors legally required information. Client agrees that contributions made to the order of Client through AMP shall be collected in Aristotle’s contribution processing account and Aristotle agrees to process and deposit contributions made to your organization into the bank account that you designate. The deposit of these funds will be done via Automated Clearing House (ACH) into the bank account that Client designate. If you require funds to be deposited via Wire, a $35 wire fee will be charged for each wire deposit. Refunds requested by your staff as well as Chargebacks authorized by the credit card company to contributors in accordance with credit card company guidelines also will be posted against your account. Aristotle will invoice the Client a fee of 4.95% of each contribution amount, which is payable within 30 days from receipt of invoice.
    • Aristotle agrees that the information obtained by AMP in connection with each contribution (e.g., name and address) will be included in Client’s 360 database at the time the information is obtained from the contributor. In many instances the information will be obtained from a lookup in the Client’s database. Aristotle does not warrant the information given by any contributor is accurate, truthful, or complete, or that it will satisfy the legal requirements applicable to Client. The information is provided "as is," and Client assume the responsibility of that the information is correct and complete and meets the legal requirements applicable to Client. Data provided to the Client by your donors through AMP belong exclusively to the Client.
  2. Notice.
    • If Client believes that AMP is not properly depositing funds contributed to your organization into your bank account or is not properly passing on to Client information obtained from contributors, Client must notify Aristotle of same in writing within ten business days of Client becoming aware of same but in no case later than 45 days or waive such claim, providing with such notice detailed information necessary for Aristotle to verify same. If Aristotle verifies that funds intended for Client organization have not been properly credited to Client’s Bank account, it will promptly credit appropriate funds. Client agrees that if any funds are improperly credited to Client’s Bank account, Client will promptly return said funds to Aristotle. This includes chargeback or refunds related to donations that Aristotle has paid on your behalf. In these cases, Aristotle will deduct the amount of the chargeback/refund from any future funds raised. If, after, a period of 30 days, no future funds have been raised to cover the amount paid for the chargeback/refund, Aristotle will bill Client for the amount outstanding from the chargeback/refund.
    • If Aristotle determines that information that it has obtained in connection with contributions to Client’s organization has not been properly passed along to you, it will promptly correct same. This shall be Client’s exclusive remedy for breach of this warranty.
  3. Warranty and Indemnity by Client.
    • Client agrees that the information you provide to Aristotle in connection with setting up AMP and otherwise, including, but not limited to, the bank and account number for your Bank account, will be accurate and reliable. Client further agrees that Client will comply with all applicable laws relating to campaign finances and fundraising. Client agrees to indemnify and hold Aristotle (including its officers, directors, employees, shareholders, agents, and attorneys) harmless against and from any and all claims, losses, liabilities, and damages, including but not limited to all costs and reasonable attorney fees, based on a claim of improper, incomplete, and/or unlawful campaign fundraising, reporting, or disclosure by Client, or relating to or growing out of any other act, omission, violation of law, or improper use of AMP by Client, or any inaccuracy in the information Client provide to AMP. Aristotle/AMP do hereby guarantee that information collected and processed by Aristotle/AMP are done so in 100% compliance with all Federal Election Commission requirements and shall remain so during the term of this agreement.
  4. Ownership.
    • Client understands and agrees that Aristotle and/or its suppliers own all title, including but not limited to copyrights, in and to AMP and all copies thereof. All title and intellectual property rights in and to the content and third-party programs which may be accessed and/or installed through use of AMP or its installation program is the property of the respective owner(s) and may be protected by applicable copyright or other intellectual property laws and treaties and/or subject to license agreements with the respective owners. All rights regarding AMP are not expressly granted to Client by this Agreement are reserved by Aristotle.
  5. DISCLAIMER OF WARRANTY.
    • EXCLUSION OF CONSEQUENTIAL DAMAGES, LIMITATION OF LIABILITY. ARISTOTLE AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING AMP OR ARISTOTLE'S RELATED PROGRAMS AND PROCEDURES OR THAT AMP AND ARISTOTLE'S RELATED PROGRAMS AND PROCEDURES WILL OPERATE UNINTERRUPTED OR ERROR-FREE. EXCEPT FOR THE WARRANTY STATED ABOVE, ARISTOTLE MAKES NO CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE AND DISCLAIMS ALL SUCH WARRANTIES. IN NO EVENT WILL ARISTOTLE OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, LOST CONTRIBUTIONS, OR BUSINESS OR CAMPAIGN INTERRUPTION, EVEN IF A ARISTOTLE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. ARISTOTLE'S MAXIMUM LIABILITY IN ANY CASE SHALL NOT EXCEED WITH RESPECT TO ANY GIVEN CONTRIBUTION THE AMOUNT OF SAID CONTRIBUTION. ARISTOTLE'S MAXIMUM LIABILITY TO YOU AND YOUR ORGANIZATION IN THE AGGREGATE SHALL NOT EXCEED THE AMOUNT OF CONTRIBUTIONS YOU RECEIVE IN THE ONE-MONTH PERIOD AFTER YOU BEGIN TO USE AMP.
    • Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to Client. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives Client specific legal rights. Client may have other rights that vary from state to state or jurisdiction to jurisdiction. For further warranty information, please contact Aristotle.
  6. Miscellaneous.
    • This Agreement is the complete and exclusive statement of the agreement between Client and Aristotle related to AMP and states the entire understanding and agreement with respect to the subject matter. It may be modified only by a written instrument signed by duly authorized representatives of Client and Aristotle. It is governed by the laws of the District of Columbia, U.S.A. Client irrevocably submit to the exclusive jurisdiction of any court of the District of Columbia or the United States sitting in the District of Columbia, for any action or proceeding arising out of or related to this Agreement or AMP. The term of this Agreement is for three years. Thereafter, this Agreement shall be automatically renewed and continue in full force and effect for successive monthly subscription periods unless otherwise terminated by either party upon not less than thirty (30) days prior written notice to the other, or until otherwise terminated pursuant to this Agreement. Aristotle or Client reserve the right to cancel this agreement at any time for any reason. Contributions that are being processed at the time of termination, less the appropriate processing fee, will be credited to your Bank account.