Address: 8023 vantage suite 1500, 78230
Phone: 726-400-5109
Email: info@gangboosters.com

Effective date 01/10/21

Thank you in advance

Notes:

Your campaign will receive 22% of the total amount of gift cards sold through your schools campaigns links.
All Campaigns can run for the length of up to 21 days.
The $100 Bonus Offer is for the first campaign run through Gangboosters, LLC at your school and will be paid out with the 1st campaign proceeds check.
The $100 Restaurant Bonus Offer is for any New restaurant that is not currently registered on Gangboosters.com and will be paid out with the next campaign proceeds check.
We pay out every Friday for and gift card sales through the previous Friday at 12AM Central
We will need a copy of your school’s tax exempt status before we send out the first payment.

Gangboosters.com is a digital platform that helps school clubs and sports teams fundraise for their extracurricular activities. If you decide to create a fundraising campaign you agree to be bound by these terms and conditions (the “Terms and Conditions“) In these Terms and Conditions, “you” and “your” means the school club who have created a Fundraising campaign “We” or “our” means Gangboosters.com, and Gangboosters.com Inc., as applicable.

Customer Data Restrictions

1. 1. “Customer Data” means all identifiable information about purchasers generated or collected by GANGBOOSTERS, LLC or School Club, including, but not limited to, purchasers’ name, shipping addresses, email addresses, phone numbers, purchaser preferences and tendencies, and financial transaction data.
  2. School Club shall use Customer Data only to fulfill its redemption obligations in connection with the School Club Offering as authorized by this Agreement. School Club expressly agrees that any Customer Data shall be used only for this purpose (including, but not limited to, the redemption of Gift Cards and provision of goods and services to purchasers), and not to enhance a file or list owned by School Club, or any third party. School Club represents, warrants and covenants that it will not resell, broker or otherwise disclose any Customer Data to any third party, in whole or in part, for any purpose, unless required by applicable law. If School Club engages any third party to facilitate its redemption obligations hereunder, School Club shall ensure that such third party implements and complies with reasonable security measures in handling any Customer Data. If any Customer Data is collected directly by School Club or a third party engaged by School Club to facilitate its redemption obligations hereunder, School Club shall ensure that it or such third party adopts, posts and processes the Customer Data in conformity with its posted privacy policy and all applicable laws.
  3. As long as School Club uses Customer Data in compliance with applicable law and School Club’s posted privacy policy, restrictions stated in this Agreement on School Club’s use of Customer Data do not apply to: (i) data from any purchaser who is already a customer of School Club before the Effective Date, if such data was provided to School Club by such purchaser independent of this Agreement or any transaction hereunder; or (ii) data supplied by a purchaser directly to School Club who becomes a customer of School Club in connection with such purchaser explicitly opting in to receive communications from School Club.

School Club shall immediately notify GANGBOOSTERS, LLC if School Club becomes aware of or suspects any unauthorized access to or use of Customer Data or any confidential information of GANGBOOSTERS, LLC, and shall cooperate with GANGBOOSTERS, LLC in the investigation of such breach and the mitigation of any damages. School Club will bear all associated expenses incurred by GANGBOOSTERS, LLC to comply with applicable laws (including, but not limited to, any data breach laws) or arising from any unauthorized access or acquisition of Customer Data while such data is in School Club’s reasonable possession or control. Upon termination or expiration of this Agreement, School Club shall, as directed by GANGBOOSTERS, LLC, destroy or return to GANGBOOSTERS, LLC all the Customer Data in School Club’s or any agent of School Club’s possession.Representations and Warranties
School Club represents and warrants that: (a) School Club has the right, power and authority to enter into this Agreement; (b) School Club, if required by applicable law, is registered for sales and use tax collection purposes in all jurisdictions where School Club’s goods and services will be provided; (c) the Voucher, upon being delivered by GANGBOOSTERS, LLC, will be available immediately for redemption and School Club will have sufficient goods and/or services available for redemption through the Promotional Value Expiration Date (i.e., a number of goods and/or services sufficient to fulfill its redemption obligations in connection with the applicable Maximum Number of Gift Cards); (d) the terms and conditions of the Voucher, including any discounts or goods and services offered thereunder do not and will not violate any, local, state, provincial, territorial or federal law, statute, rule, regulation, or order, including but not limited to, any law or regulation governing the use, sale, and distribution of alcohol and any laws governing Gift Cards, gift cards, coupons, and gift certificates; (e) the School Club’s redemption of the Voucher will result in the bona fide provision of goods and/or services by School Club to the purchaser; (f) School Club owns all interest in and to the School Club IP and has licensing rights in (with the right to sublicense to GANGBOOSTERS, LLC) the Third Party IP, and has the right to grant the License stated in this Agreement; (g) the School Club IP and the Third Party IP, the School Club Offering, GANGBOOSTERS, LLC’s use and promotion thereof, and the results of such School Club Offerings, will not infringe, dilute, misappropriate, or otherwise violate, anywhere in the world, any patent, copyright, logo, trademark, service mark, trade name, rights in designs, or other intellectual property right or right of privacy or publicity of any third party or any applicable law, and does not and will not result from the misappropriation of any trade secret or the breach of any confidentiality obligations to any person or entity; (h) the School Club IP and Third Party IP does not include any material that is unlawful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, or that encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise violates any law; (i) the Gift Cards and any advertising or promotion of School Club’s goods and services relating thereto will not constitute false, deceptive or unfair advertising or disparagement under any applicable law; (j) School Club and its employees, contractors and agents have had the proper education and training and hold all required and up-to-date regulatory authorization, licenses and certifications relating to any School Club Offering to provide the goods or services described in this Agreement; (k) School Club’s business information and direct deposit details as provided in this Agreement, indicating where payments should be forwarded are accurate and School Club is the authorized entity to receive the funds forwarded by GANGBOOSTERS, LLC; (l) School Club is not authorized to resell, broker or otherwise disclose any Customer Data (as defined in this Agreement) to any third party, in whole or in part, for any purpose, and School Club is not authorized to copy or otherwise reproduce any Customer Data other than for the purpose of redeeming or verifying the validity of Gift Cards in connection with this Agreement and (m) the School Club Offering is: (i) free from defects in workmanship, materials and design, (ii) merchantable and suitable for the purposes, if any, stated in the Agreement, and (iii) genuine, bona fide products, as described herein and does not violate the rights of any third party.

Indemnification
To the extent allowed under applicable law, School Club agrees to defend, indemnify and hold GANGBOOSTERS, LLC, its affiliated and related entities, and any of its respective officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to reasonable attorneys’ fees and costs) arising out of or relating to any of the following: (a) any breach or alleged breach by School Club of this Agreement, or the representations and warranties made in this Agreement; (b) any claim for state sales, use, or similar tax obligations of School Club arising from the sale and redemption of a Voucher; (c) any claim by any local, state, provincial, territorial or federal governmental entity for unredeemed Gift Cards or unredeemed cash values of Gift Cards or any other amounts under any applicable abandoned or unclaimed property or escheat law, including but not limited to any claims for penalties and interest; (d) any claim arising out of a violation of any law or regulation by School Club or governing School Club’s goods and/or services; (e) any claim arising out of School Club’s violation of law or regulation governing the use, sale, and distribution of alcohol; (f) any claim by a purchaser or anyone else arising out of or relating to the goods and services provided by School Club and/or pick up of the goods and services at the Redemption Site, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages; (g) any claim by a purchaser for the Amount Paid; (h) any claim arising out of School Club’s misuse of Customer Data, or any violation of an applicable data privacy or security law; and (i) any claim arising out of School Club’s negligence, fraud or willful misconduct. GANGBOOSTERS, LLC maintains the right to control its own defense and to choose and appoint its own defense counsel, regardless of the presence or absence of a conflict of interest between GANGBOOSTERS, LLC and School Club. School Club’s duty to defend and indemnify GANGBOOSTERS, LLC includes the duty to pay GANGBOOSTERS, LLC’s reasonable attorneys’ fees and costs, including any expert fees.

Confidentiality
The terms for the School Club Offering described in this Agreement are confidential, and School Club agrees not to disclose the terms described in this Agreement to any party (other than to its employees, parent companies, shareholders, lawyers and accountants on a strict need-to-know basis or as required by applicable public records and other law, if School Club has taken the necessary precautions of the kind generally taken with confidential information to preserve the confidentiality of the information made available to such parties). In the event of a breach, GANGBOOSTERS, LLC is entitled to injunctive relief and a decree for specific performance, and any other relief allowed under applicable law (including monetary damages if appropriate).

Limitation of Liability
EXCEPT FOR MERCHANT’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT IS EITHER PARTY LIABLE OR OBLIGATED TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST BUSINESS, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. GANGBOOSTERS, LLC’S SOLE AND COMPLETE LIABILITY TO MERCHANT FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY ERRORS, OMISSIONS OR MISPLACEMENTS OF ANY VOUCHER IS LIMITED TO THE AMOUNT OF FEES RETAINED BY GANGBOOSTERS, LLC HEREUNDER FOR THE PRECEDING SIX(6) MONTHS AFTER FINAL CALCULATION AND RECONCILIATION OF ALL REFUNDS. THIS LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY. IN ADDITION, ANY CLAIM BY OR ON BEHALF OF A MERCHANT IN CONNECTION WITH ANY PAYMENT MADE BY GANGBOOSTERS, LLC, INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING THAT A MERCHANT WAS UNDERPAID, MUST BE MADE IN WRITING TO GANGBOOSTERS, LLC WITHIN NINETY (90) DAYS FROM THE DATE GANGBOOSTERS, LLC REMITS THE PAYMENT AT ISSUE. ALL CLAIMS NOT MADE IN ACCORDANCE WITH THE FOREGOING SHALL BE DEEMED WAIVED, RELEASED AND DISCHARGED BY MERCHANT.

Dispute Resolution
All disputes arising out of, or relating in any way to this Agreement, shall be resolved pursuant to this Section 14 Dispute Resolution.

Binding Arbitration
EXCEPT AS SPECIFICALLY STATED HEREIN, ANY DISPUTE OR CLAIM BETWEEN MERCHANT AND GANGBOOSTERS, LLC ARISING OUT OF, OR RELATING IN ANY WAY TO, THIS AGREEMENT (“DISPUTES”) SHALL BE RESOLVED EXCLUSIVELY BY FINAL, BINDING ARBITRATION. BY VIRTUE OF THE AGREEMENT IN THIS SECTION 14 TO ARBITRATE, MERCHANT AND GANGBOOSTERS, LLC ARE EACH GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY (EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 14). The provisions of this Section 14 shall constitute School Club’s and GANGBOOSTERS, LLC’s written agreement to arbitrate Disputes under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its applicable rules, including those applicable to Commercial Disputes, available at https://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award.
To begin an arbitration proceeding, School Club or GANGBOOSTERS, LLC must comply with the limitations provision set forth in Section 13 and submit the Dispute by making a demand for arbitration as detailed at https://www.adr.org. If School Club demands arbitration, it shall simultaneously send a copy of the completed demand to the following address: Gangboosters, LLC P.O.Box 160593 San Antonio, TX 78280. If GANGBOOSTERS, LLC demands arbitration, it shall simultaneously send a copy of the completed demand to the School Club’s address of record. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. GANGBOOSTERS, LLC will reimburse those fees for Disputes totaling less than $10,000 if School Club is the prevailing party in such arbitration. GANGBOOSTERS, LLC will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that a School Club Dispute is frivolous. The arbitration will be conducted based upon written submissions unless School Club requests and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Chicago, Illinois, unless the arbitrator determines or we agree that the matter should proceed in the county of School Club’s principal place of business.

Class Action Waiver
WE EACH AGREE THAT WE SHALL BRING ANY DISPUTE AGAINST THE OTHER IN OUR RESPECTIVE INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. IN ADDITION, WE EACH AGREE THAT DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS.

Choice of Law/No Jury Trial
If for any reason a Dispute proceeds in court: (i) School Club and GANGBOOSTERS, LLC agree that any such Dispute may only be instituted in a state or federal court in Bexar County, Texas; (ii) School Club and GANGBOOSTERS, LLC irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) School Club and GANGBOOSTERS, LLC agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (iv) MERCHANT AND GANGBOOSTERS, LLC AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY.

Injunctive Relief/Attorneys’ Fees
Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to claims that the other party’s conduct may cause the other irreparable injury.
In the event GANGBOOSTERS, LLC is the prevailing party in any Dispute, subject to any exceptions in this Section 14, School Club shall pay to GANGBOOSTERS, LLC all reasonable attorneys’ fees and costs incurred by GANGBOOSTERS, LLC in connection with any Dispute.

Other

1. The parties are independent contractors. Nothing in this Agreement is to be construed to create a joint venture, partnership, franchise, or an agency relationship between the parties. Neither party has the authority, without the other party’s prior written approval, to bind or commit the other in any way.
2. This Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.
3. School Club is not authorized to transfer or assign its rights or obligations under this Agreement, whether by operation of law or otherwise, without GANGBOOSTERS, LLC’s prior written consent. Any waiver must be in writing and signed by an authorized signatory of GANGBOOSTERS, LLC. GANGBOOSTERS, LLC is authorized to transfer or assign this Agreement to a present or future affiliate or pursuant to a merger, consolidation, reorganization or sale of all or substantially all of the assets or business, or by operation of law, without notice to School Club.
4. If any provision of this Agreement should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement are not affected.
5. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS NOR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GANGBOOSTERS, LLC DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE Gift Cards ARE ERROR-FREE, OR THAT ANY MERCHANT OFFERING WILL RESULT IN ANY REVENUE OR PROFIT FOR MERCHANT.

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