LegacyLinc Memorandum of Agreement
This agreement is entered into between you, hereafter referred to as Client, and PhilanthroCorp, hereafter referred to as PC. The terms of this agreement are as follows:
1. Term The initial term of this Agreement shall be for a period of one year beginning upon acceptance of this Agreement by Client, and ending 12 months after this date. Thereafter, unless terminated pursuant to Paragraph 6 below, this Agreement shall automatically renew on a year-to-year basis.
- PC will provide a comprehensive set of website pages designed to promote stewardship and planned giving awareness, and guide your donors through the charitable estate planning process. The web pages include PC’s Estate Plan Organizer, a tool that guides donors through the estate planning process, and enables donors, upon completion, to receive a free review of their work from PC, and an opportunity to implement their plan through a referral network attorney at a discounted fixed fee. The website pages will be attached to look like an extension of Client’s existing site. PC will also provide a wide array of marketing materials to promote planned giving to Client’s donors and planned giving activity on Client’s website.
- When Client’s donors request assistance, PC will also provide comprehensive assistance in evaluating and implementing current planned gifts. Those gift opportunities will include gifts of appreciated assets, charitable gift annuities, and major gifts such as those associated with the sale of a business, or real estate transactions. PC shall provide these services on a no net cost basis. That is, PC shall provide these services to Client’s donors in accordance with PC’s standard fee schedule, and invoice Client only in those instances where services result in a current gift to Client. For a summary of PC fees and conditions for these no net cost services on current gifts see Exhibit A.
- Client control panel to access customized marketing material. All material will be completely ready for use and will include, where feasible, simple web addresses to key LegacyLinc pages. Marketing materials on the control panel to include:
- Receipt Stuffers/Bulletin Inserts
- Newsletter Articles/Ads
- PhilanthroBytes© - planned giving text to be used in church bulletins, e-mail communications, newsletters, etc.
- Monthly client marketing coaching conference call, with Client representative, and on-going training and support. These monthly calls will be coordinated with customized marketing communications from PC that Client can distribute to their donors.
Client will pay PC a monthly fee of $350 until such time as this Agreement terminates as set forth in Paragraph 6 below. The first such monthly fee will be due and payable upon acceptance by both parties.
PC invoices will be due and payable upon receipt and delinquent 15 days thereafter. Interest on delinquent invoices will be charged at a rate of 1.5% per month.
4. Duties of Client
Client will use its best efforts to utilize PC provided materials to promote planned giving awareness among its donors and to direct donors to Client’s website.
Each party confirms that they are duly authorized by their respective organization to execute this Agreement on its behalf.
- Either party has the right to terminate this Agreement without cause by giving sixty days written notice to the other party at the address of record above.
- In the event of a termination initiated by Client, no refund of previously due monthly fees will be allowed; and if the contract is terminated before the initial term of this Agreement, Client must still make monthly payments throughout this initial term.
7. Governing Law
This Agreement shall be governed by the laws of the State of Colorado.
8. Dispute Resolution
If a dispute arises out of or relates to this Agreement or the breach thereof, and if said dispute cannot be settled through negotiation, then the parties agree to first try in good faith to settle the dispute by mediation with the assistance of a mediator chosen by PC.
Any controversy or claim arising out of or related to this Agreement or breach thereof that cannot be settled through mediation shall be exclusively settled by binding arbitration. Each party to the Agreement shall select one arbitrator and the two so selected shall select a third. Arbitration shall be held in Colorado according to rules established by the mutually chosen arbitrators.
This Agreement is entered into on ______________, 2009.
By: _______________________ _______________________
Chief Operating Officer
Plaza of the Rockies
111 South Tejon, Suite 520
Colorado Springs, CO 80903