Terms & Conditions for Receiving Donated Products
from Gifts In Kind International

How We Monitor Donated Products

REQUIREMENTS OF GIFTS IN KIND INTERNATIONAL™ NONPROFIT MEMBERS
Gifts In Kind International and its registered nonprofit organizations take their responsibility to serve the needy very seriously. Organizations failing to adhere to the following guidelines will be prohibited from participating in Gifts In Kind International and, if appropriate, legal action will be taken. It is critically important to note that by accepting products and services from Gifts In Kind International, your organization agrees to abide by the following:
1. Donated goods will be used solely for the care of the ill, needy or youth (as those terms are defined in applicable US Treasury regulations).
2. The use of the goods will be related to the purpose of the organization that makes it tax exempt.
3. The goods will not be transferred (or attempted to be transferred) by the organization in exchange for money, property or other services. You agree a court entering equitable relief including, but not limited to, injunctive relief may enforce this restriction.
4. The organization agrees to maintain adequate books and records of these donations as required by applicable tax regulations and to make such records available upon request to Gifts In Kind International and/or the Internal Revenue Service. The organization agrees to provide complete substantiation of its distribution of all product donations to the Internal Revenue Service and/or Gifts In Kind International promptly upon request.

Geographic Scope of Services must be within your local community only (50 mile radius).

Nonprofit members are not permitted to transfer donations to another nonprofit organization or group, or to distribute donations outside of their geographic service area without advance written permission from Gifts In Kind International. Please note: If written approval is granted by Gifts In Kind International, charities receiving the goods must be registered directly with Gifts In Kind or one of its local Gifts In Kind Community Redistribution Partners.

Donated products and services must be given away free of charge to the ill, needy, or youth your nonprofits serves or be used by your office for administrative purposes. Items received from Gifts In Kind International cannot be given, sold, traded, or bartered; given to volunteers or staff as gifts; or used in conjunction with any fund raising event such as raffles, door prizes, and silent auctions. Items cannot be shipped outside of the U.S. without advanced written permission. Gifts In Kind International takes its
responsibility very seriously and will prosecute any offenders to the fullest extent possible.

Nonprofit members must adhere to the Donation Acceptance Agreement.

Donation Acceptance Agreement
Please read carefully. By accepting the terms and conditions of this agreement, you will be subject to a six month probationary period where by Gifts In Kind International will monitor the procedures and practices of your organization as they relate to Gifts In Kind International donations or communications with Gifts In Kind International donors to determine if you are satisfactorily complying with your obligations set forth hereunder. At the end of this period, Gifts In Kind International will inform your organization by email, fax or letter as to whether it will become an active member affiliate with Gifts In Kind International. During the six month period, Gifts In Kind International can terminate this agreement at any point without cause. Termination can occur by email, letter or fax to the person listed on this application. No portion of your registration fee will be refunded in the event of termination during the probationary period. A member terminated during the probationary period has the right to reapply for membership in the next calendar year. Also, please note that in addition to the above provision, Gifts In Kind International reserves the right to terminate any agreement at any time without cause.

Your organization represents the following:
1. It is an organization described in Section 501(c)(3) of the Federal Internal Revenue Code or a recognized U.S. Indian reservation; and/or is exempt under Section 501(c)(3); a public charity; and is not a private foundation (other than an operating foundation described in Section 4942(j)(3)).
2. The goods will be used solely for the care of the ill, needy or youth (as those terms are defined in applicable U.S. Treasury regulations).
3. The use of the goods will be related to the purpose of the organization that makes it tax exempt.
4. The use of donated goods does not authorize the organization to sell, trade, barter or otherwise transfer the donated goods for money, property or services performed in order to operate or related to the operation of its offices which includes the sale, trade, bartering or otherwise transfer of the goods to pay any administrative fee to Gifts In Kind International or any shipping charges related or not related to the procurement of donated goods or be used to provide community services as noted in the organization’s goals. Donations cannot be used for fundraisers, raffles or auctions; given to volunteers or staff members; or sold in retail stores, on Web sites, in flea markets, or in any other manner. Additionally, product donations cannot be transferred to other nonprofit organizations or groups without advance written permission from Gifts In Kind International. You agree that this restriction may be enforced by a court entering equitable relief including, but not limited to, injunctive relief. Gifts In Kind International reserves the right to limit, restrict or terminate any order of donations requested by
your organization at any time without cause and without notice.
5. The organization agrees to maintain adequate books and records of these donations as required by applicable tax regulations and to make such records available upon request to Gifts In Kind International and/or the Internal Revenue Service. The organization agrees to provide complete substantiation of its distribution of all product donations to the Internal Revenue Service and Gifts In Kind International promptly upon request.

Additional terms and conditions:
6. Non-compete agreement: The primary business of Gifts In Kind International is the coordination of donor efforts to donate goods for charitable purposes. The continuation of Gifts In Kind International’s primary business depends upon recipient organizations refraining from soliciting donations from Gifts In Kind International’s donors. Gifts In Kind International and recipient organization agree that recipient organization’s solicitation of Gifts In Kind International donors without Gifts In Kind International’s prior approval is improper and contravenes the purpose of the Gifts In Kind International recipient organization relationship formed in this Agreement.
7. The goods cannot be transferred to other nonprofit organizations (or attempt to be transferred) by the organization in exchange for money, property or other services.
8. Anytime during the probation or active period of this agreement, at Gifts In Kind International’s expense, your organization and members of its staff, may be subject to a thorough background check. Your organization and staff must fully comply with any requests made by Gifts In Kind International pertaining to information or data needed to conduct a background check.
9. This agreement is construed according to the laws of Virginia.
10. Any goods received from Gifts In Kind International will not be used with the intent or knowledge to commit a terrorist act(s).
11. Nonprofits must have and adhere to a nondiscrimination policy such as “No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any program or activity available on the basis of race, color, sex, religion, creed, political belief, age, national origin, linguistic and language difference, sexual orientation, socio-economic status, height, weight, marital or familial status, or disability.”

Breach of any of your organization’s obligations as stated above will entitle Gifts In Kind International to rescind this agreement and recover any and all such goods donated. In this connection, your organization agrees that the remedy of money damages is not exclusive and is inadequate and that Gifts In Kind International will be immediately and irreparably damaged by any such breach. In such event, your organization consents to the imposition of a constructive trust on any and all such goods in favor of
Gifts In Kind International and further consents to a temporary, preliminary and permanent injunction in favor of Gifts In Kind International, forbidding your organization from making any disposition of the goods and requiring your organization to return immediately all such goods to Gifts In Kind International, as it directs. Your organization agrees to pay Gifts In Kind International in full for any Expenses, including legal fees, incurred in connection with investigating, preparing for, litigating, or settling any action brought under any breach of an obligation stated above.

Donations Not Used by the Requesting Organization
Gifts In Kind International does not allow returns or issue refunds because we are committed to maintaining our operating costs at less than 2 percent of the fair market value of donated products. Read all applications and product descriptions carefully before making a product donation request. If you receive a donation your nonprofit organization is unable to use, you may be able to pass the donation on to another nonprofit with prior written permission from Gifts In Kind International and recover the shipping and handling fee you have incurred by charging the same fee to the recipient nonprofit. However, this varies by donation as some donations, including software donations, cannot be transferred. Please be sure to read the terms and agreements for each donation you are requesting.

Fitness for Use
It is important to note that products are given in “as is” condition with no warranties expressed or implied. We cannot guarantee specific items, sizes, styles, or colors. By completing, signing and submitting the application(s) your organization agrees to this condition. Images representing products are used for illustration of donation only, and may be a similar product if not identical to the donated product.


In addition to the terms and conditions listed above, some donors have certain criteria which must be met to receive their company's donations. Please see criteria related to any products contributed by:


Autodesk

Estee Lauder (Criteria for nonprofits OR Network Program Affiliates (a.k.a Gifts In Kind® Programs)


For all international shipments additionally read the following:
If your organization is located in the United States you must be given written approval by the Gifts In Kind International Network Registration Services to ship products outside of the United States. Published administrative fees cover shipping to the designated U.S. port of exit. Any costs associated with moving the product beyond the U.S. port of exit (ocean transport, customs, import, duties, taxes, etc.) will vary according to the ultimate destination.