CAR DONATION PROGRAM ENROLLMENT GUIDE Welcome Charity Enrollment Form Marketing Questionnaire Agency Contract
WELCOME Greetings From Cars Helping Charities Dear Charity, Thank you for choosing Cars Helping Charities as your car donation program partner you have made a great choice! Everything you will need to enroll your organization in the car donation program is contained in this Charity Enrollment Package in just 4 simple steps: 1. Sign the Agency Contract 2. Complete the Charity Enrollment Form 3. Complete the Marketing Questionnaire 4. Submit requested items to Cars Helping Charities (see checklist on Charity Enrollment Form) Once we have received your completed Charity Enrollment Packet, a member of our staff will input your information into our Vehicle Donation Management System and create a car donation web page specifically for your organization. Then, a Charity Coordinator will contact you to confirm your enrollment and provide you with a car donation webpage link and button for your website. If you have any questions as you complete the enrollment process, or at any time in the future, please don t hesitate to contact myself or any member of our staff. Once again, thank you for enrolling in the car donation program through Cars Helping Charities; we look forward to accomplishing great things together! With Gratitude, Jennifer L. Patton Chief Executive Officer Cars Helping Charities
SIGN UP Contact Information Charity Name: Charity Mailing Address: Charity Mailing Address 2: City: State: Zip: Federal Tax ID/EIN: Contact Name: Title: Office: ( ) Mobile: ( ) Fax: ( ) Email Address: Website Address/URL: Required Items From Charity Complete Charity Enrollment Form Copy of IRS 501(c)(3) Tax Exempt Status Confirmation Impactful Digital Photo(s) Depicting your Charity Completed Marketing Questionnaire Signed Agency Contract Charity Logo File Two to Three Paragraph Charity Description Email items to: CharityCordinator@carshelpingcharities.org Charity Description Describe the mission and primary objective of your charity: Provide examples of specific activities that illustrate your mission: Explain how the donors car proceeds will be used to impact your charity: Acknowledgement I agree to prominently display "Donate My Car" button and text link on charity website and to have a Cobrand Car Donation Page (provided free of change and maintained by Cars Helping Charities) Authorized Name: Authorized Title:
Marketing Questionnaire What support do you need from Cars Helping Charities to promote your car donation program? What is the name and title of the contact person for marketing in your organization? What is your organization s process for approving marketing campaigns? Would you like a free car donation marketing plan consultation with Cars Helping Charities? Does your organization use social media for promotion? Does your organization use email marketing for promotion? Does your organization use print media for promotion? Does your organization use radio/tv for promotion? Does your organization send monthly, quarterly or annual donation invoices or receipts? Does your organization receive matching funds for donations? Has someone donated a car to your organization in the past? Y N If yes, how was the donation processed? What are the fundraising events that your organization coordinates/sponsors on an annual basis? Charity Name: Person Completing Questionnaire: Contact Phone Number: Contact Email Address:
Marketing Questionnaire Cars Helping Charities is excited for your charity to experience the benefits of the Cars Helping Charities car donation program, and we look forward to helping you achieve and exceed your donation goals! Although each charity and organization is unique, marketing is a key ingredient to maximizing the results of each car donation program. Whether your organization has a large or small marketing budget, Cars Helping Charities can help you successfully implement tactics integral for your success. Please complete this brief Marketing Questionnaire to help us better understand your charity s marketing goals and opportunities. We look forward to reviewing your completed marketing questionnaire and providing you with information that will contribute to your success! Is your organization willing to promote/market your car donation program in order to achieve the greatest financial rewards for your organization? Have you promoted/marketed a car donation program for your organization in the past? Y N If yes, please tell us about it. Do you have or are you willing to create a marketing budget for the promotion of your car donation program? Does your organization have a website? Are you willing to add car donation information on your website for donors to access? What kind of communication, marketing, fundraisers, promotions, etc. do you currently provide for your organization? Do you send monthly communication/newsletters to your donor base? What is the size of your donor base? Are there any barriers to promoting the car donation program? If so, what are they. Do you have ideas for promoting and marketing your car donation program? If yes, please tell us about them. continued on next page
Agency Contract Between Cars Helping Charities, Inc. a Colorado Corporation and Charity Name This document sets forth the contractual terms ("Contract") by and between Cars Helping Charities, Inc. ("CHCI"), a Colorado Corporation, and ("Charity"), a Nonprofit Organization/Corporation, with which is attached a copy of Charity's Internal Revenue Code ("IRC") Section 501(c)(3) determination letter from the Internal Revenue Service ("IRS"). CHCI and the Charity may be referred to herein jointly as the "Parties." The purpose of this Contract is to comply with the requirements set forth in the governing State charitable solicitations laws and regulations and by the IRS, to generally describe CHCI's role as an agent of the Charity and more specifically, to describe the relationship between CHCI and the Charity for purposes of expediting vehicle donations on behalf of and for the benefit of the Charity. 1. Commencement Date/Termination. The initial term of this Contract shall be one year, commencing effective the day of, 20. The Contract shall be automatically extended for additional successive terms of one year each, provided that either party may give the other party ninety days prior written notice of termination. The termination shall be effective ninety days after the other party's receipt of the written notice of termination. 2. Purpose. CHCI agrees to provide Charity with services to sell or otherwise dispose of vehicles that the Charity has been advised by potential donors are available for vehicle donation. These donations will be independently identified by the Charity in communication directly between the donor and the Charity. CHCI will not and shall not engage in any charitable solicitations activity which would be impermissible under the governing State s laws. CHCI's services shall solely facilitate charitable vehicle donations made to the Charity after the Charity has identified the donor(s) through their own independent solicitation methods. 3. Agency Relationship. The Parties wish to formalize the terms of the agency relationship between CHCI and the Charity through the terms of this Contract. Specifically, the Parties want to comply with all Colorado state law requirements as well as those set forth by the IRS as they pertain to a charity's ability to allow an agent to operate its vehicle donation program. The Parties hereby agree to the following terms: CHCI shall act as a limited agent on the Charity's behalf; all activities which CHCI shall undertake for the Charity are set forth in this Contract; all activities undertaken by CHCI shall be subject to the Charity's oversight; the Charity should actively monitor the program operations covered herein; the Charity shall have the right to review all contracts necessary to complete CHCI's duties as set forth in this Contract; the Charity shall establish rules of conduct; and the Charity may examine the books and records maintained by CHCI for the activities undertaken in accordance with this Contract. 4. Trademark License. CHCI hereby grants to Charity a non-exclusive, non-transferable right and license to use "CARS HELPING CHARITIES, INC." or the CHCI logo (collectively referred to as "the mark"), provided as necessary. Charity agrees to use the mark only for the purposes of describing the expediting function for those donated vehicles that Charity independently solicits. CHCI reserves the right to terminate Charity's use of the trademark at any time, and in the sole discretion of CHCI, without terminating any other part of this Contract. CHCI shall have the right to do all things necessary to ensure that the nature and quality of the goods (prints and publications) and services with which the mark is used, conform to the subjective standards approved by CHCI. Any supplemental advertising Charity chooses to provide, including but not limited to banners, flyers, community media, must be submitted to CHCI for approval before publishing. Approval (or disapproval) shall be in the sole and absolute discretion of CHCI. CHCI may not employ any name, trademark, or information concerning Charity for any purpose except as specifically allowed by section 6 hereof. 5. Definition of Vehicle. As used herein, "Vehicle" shall mean any and all cars, trucks, boats, motorcycles, snowmobiles, buses, trailers and recreational vehicles, whether operative or not, which have been donated to Charity. 6. Resale of Vehicles; Division of Gross Proceeds. CHCI will sell all eligible vehicles donated to Charity in a commercially reasonable manner. The proceeds received by CHCI for the sale of such eligible vehicle, and subsequently remitted to Charity shall be defined as: 1
a. The gross proceeds ("Gross") is the sale price received by CHCI from the Purchaser of the vehicle. b. The adjusted gross ("Adjusted Gross") is the Gross less any applicable sales or towing fees. CHCI will be responsible for all other operating expenses incurred by CHCI. c. The sales fee ( Sale Fee ) is defined as any auction fees, handling fees or sales fees charged by any unaffiliated third party for the disposition of the vehicle. CHCI warrants it does not have any beneficial interest in any auction company or salvage yard. d. Charity will pay CHCI a $50 processing fee ( Processing Fee ) per vehicle that is separate and in addition to the percentage of Adjusted Gross CHCI retains. For accounting purposes the Processing Fee will be taken after the percentage split as defined in section 6f of this Agreement. e. The tow fee ( Tow Fee ) is defined as any fees charged for the transportation of vehicles to the site of disposition. CHCI warrants it does not have any beneficial interest in any towing company. Once a participation level is achieved for the month it applies to all vehicles for that month. The participation level resets every month. Participation Level Vehicles Donated During the Month Percentage of Adjusted Gross Level 1 1-5 50% Level 2 6-10 75% Level 3 11-20 85% CHCI will be responsible for all other operating expenses incurred by CHCI. CHCI shall provide Charity with a periodic accounting which shall provide information regarding each Vehicle received by CHCI for Charity during the period (which period shall not exceed three months); name and address of donor; expenses of each vehicle; and payment of the Adjusted Gross amount. CHCI will send a donation acknowledgement from CHCI and Charity to each donor in the form of a Vehicle Donation Receipt. For example if a Charity receives five (5) donated vehicles during the month the Charity will receive 50% of Adjusted Gross on all vehicles. If a Charity receives six (6) donated vehicles in a month the Charity will receive 75% of Adjusted Gross for all vehicles. 7. Conditions of Donation. Charity will not be on motor vehicle title or chain of title. Other than the agency relationship set forth in Paragraph 3, above, Charity does not provide authority to CHCI for any other purpose in connection with the operations of Charity, and Charity does not assume any liability or responsibility for the conduct of CHCI's business, or its activities undertaken for the benefit of other charities. CHCI may employ the name or any information about Charity solely, only, and exclusively as required for the LIMITED purpose of this Contract, and Charity does not license any intellectual property, name or logo or allow CHCI any use of any information or trade secrets of Charity for any other purpose. 8. Donation Process. If possible, the donor of the Vehicle shall provide CHCI with a clear, marketable, and transferable (i.e., one free from liens or encumbrances) motor vehicle title to each Vehicle donated. If title to a Vehicle is not clear for any reason, then CHCI shall have the right to return the Vehicle to the donor or make other arrangements for the disposition of the Vehicle, at the sole discretion of CHCI. If the Vehicle is returned to the donor, no monies shall be paid by CHCI to Charity. The process of receiving the Vehicle, clearing the Title, selling the Vehicle, receiving the monies and sending the monies to Charity will take approximately ten to twelve weeks. However, all Vehicles must have a clear and transferable Title before they can be sold. An unclear title will change the date of payment for said Vehicle to an undetermined amount of time. During this process, CHCI will have custody and control of the vehicle and may have custody and control of the proceeds from the sale thereof. 9. Warranties. CHCI makes no warranties, express or implied as to the condition or value to be received for any Vehicle received by CHCI from Charity under this Contract. CHCI is under no obligation to sell any vehicle for any certain amount. Charity makes no warranty, express or implied, about the condition, value, or merchantability of any vehicle. 10. Integration Clause. This Contract represents and contains the entire understanding of the Parties. There are no representations, covenants, or undertakings other than those expressly set forth in this Contract. The Parties acknowledge that no Party, nor any agent or attorney of any Party, has made any promise, representation, or warranty whatever, express or implied, not contained in this Contract to induce any other Party to execute this Contract. The Parties Cars Helping Charities 4833 Front St Unit B #307 Castle Rock, CO 80104 (303) 423-2277 Main - 2 -
acknowledge they have not executed this Contract in reliance on any promise, representation, or warranty not specifically contained in this Contract. The Parties, and each of them, further represent and declare they have carefully read this Contract and know its contents, and that they sign this Contract freely and voluntarily. 11. Indemnity and Hold Harmless. Charity agrees to defend, indemnify, and hold harmless CHCI, its agents, employees, officers and directors, from and against any and all actions, claims, demands, and suits asserted by third parties that are based upon negligent acts of Charity committed in the course of its performance of this Contract. CHCI agrees to defend, indemnify, and hold harmless Charity, its agents, employees, officers and directors, from and against any and all actions, claims, demands, and suits asserted by third parties that are based upon negligent acts of CHCI committed in the course of its performance of this Contract. 12. Resolution of Disputes. If a dispute arises out of or relates to this Contract the parties shall immediately make a good faith effort to meet and negotiate any differences between them in an attempt to resolve such dispute. If any such dispute cannot be settled by the parties by negotiation, the parties agree then to try to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules, in the City and County of Denver, Colorado. If the parties are not able to resolve the dispute by mediation through such process, then any such dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitrator(s) may assess attorneys' fees and costs against a party in accordance with such Rules as the arbitrator(s) determine is just and reasonable under the circumstances. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 13. Website & Social Media Requirement. Charity shall display a clickable Donate My Car button on its website homepage as provided by CHCI. Charity also agrees to actively promote their car donation program via their own social media pages/feeds, if available, no less than once per month. CHCI and Charity also agree to like and/or follow all social media feeds of the opposing party if both parties have accounts on the same social media platform including but not limited to Facebook, Twitter, Pinterest, and Google+. If the terms and conditions of this Contract are acceptable, please sign and return to us the original, accompanied by a copy of Charity's 501(c)(3) IRS Determination Letter. Agreed and accepted as dated below. Cars Helping Charities, Inc. A Colorado Corporation Charity Name A Nonprofit Organization/Corporation By: Jennifer L. Patton, President By: Name Title Date: Date: Cars Helping Charities 4833 Front St Unit B #307 Castle Rock, CO 80104 (303) 423-2277 Main - 3 -
Charity Contact Information: Contract Contact Name Title Phone # Fax# Email Address Accounting Contact Phone Address City State Zip Marketing Contact Name Title Phone # Fax# Email Address Cars Helping Charities 4833 Front St Unit B #307 Castle Rock, CO 80104 (303) 423-2277 Main - 4 -
THANK YOU! We look forward to serving as your Car Donation Program Partner. Valuable Car Donation Program marketing and advertising information is on the way!