BENEFICIARY TERMS AND CONDITIONS

Beneficiary terms and conditions.

A .pdf of these terms and condition can be downloaded here.

DEFINITIONS

Beneficiary – Any organisation that receives a donation from Brightideas365.

Bright Ideas 365 Ltd – The owner and operator of Brightideas365.com.
Subscriber – Any person or group that purchases a subscription to Brightideas365.com.
The parties – The parties subject to this agreement (a) Bright Ideas 365 Ltd and (b) the beneficiary
.
Commission – The proportion of income from each sale payable to the beneficiary (currently 50% of net income).

Profit share – The proportion of annual net profits to be paid to the beneficiary (divided proportionate to the amount of individual purchases made by subscribers during the previous 52 weeks).
Sales Contract – Is constituted by any purchase made by a subscriber, be this an ongoing subscription or a one off purchase of an annual or bi-annual subscription. This is also to include free trials, etc. Where applicable.

SECTION A: BROAD COMMITMENTS OF THE PARTIES

BROAD COMMITMENTS OF BRIGHT IDEAS 365 LTD

  • To provide subscribers with an online magazine as agreed as part of their original subscription.
  • To pay commission to Beneficiaries promptly as it becomes due.
  • To abide by the ethical standards as stated in our ethical charter.
  • To operate in a fair and equitable manner, and not to favour any Beneficiary over any other at any time.
  • To pay any outstanding commission due to the Beneficiary should this agreement be terminated (except where the Beneficiary has been in breach of this agreement).
  • To operate in a transparent manner.
  • To offer technical support to beneficiaries.
  • To ensure the highest possible editorial standards at all times.

BROAD COMMITMENTS OF THE BENEFICIARY

  • Not to misrepresent Brightideas365.com or the nature of the Beneficiaries relationship with Bright Ideas 365 Ltd.
  • To use Brightideas365.com logo’s and devices only with permission of Bright Ideas 365 Ltd.
  • Not to make statements that appear to represent the views of Bright Ideas 365 Ltd.
  • To declare all income to the appropriate authorities.
  • To inform Bright Ideas 365 Ltd of any fundamental change in the policies or projects of the partner insomuch as it may affect future eligibility.

SECTION B: SYSTEMS, OPERATIONS, AND PROCESSES.

1. REPRESENTATION

(i) Beneficiaries may not under any circumstances take payment for subscriptions or entries to Brightideas365.com prize draws. Only subscriptions taken out on the Brightideas365.com website will be valid.

2. COMMENCEMENT AND TERMINATION.

This agreement shall come into force upon acceptance by Bright Ideas 365 Ltd of the beneficiary and shall remain in effect until terminated. 

The beneficiary is entitled to terminate this agreement with immediate effect at any time. In this case the beneficiary must cease to use the service immediately, upon termination of this agreement delete all links to linked websites, and for the avoidance of doubt; the beneficiary shall not be entitled to receive any commission made after the termination date. Commission may however continue to be made at the discretion of Bright Ideas 365 Ltd.

Bright Ideas 365 Ltd is entitled to terminate this agreement and/or suspend the beneficiary from the beneficiary programme at any time, giving reasonable notice where possible.

In the event of beneficiary fraud or suspected criminal activity Bright Ideas 365 Ltd is entitled to terminate and/or suspend the Beneficiary from their Program without any notice.

The beneficiary shall acquire no rights following the termination of this agreement to use intellectual property of Bright Ideas 365 Ltd including domain names or any text, or images, banners or any other works created by or for Bright Ideas 365 Ltd. The beneficiary shall not adopt any material designed to or resulting in creating the impression that it is is still operating the Bright Ideas 365 Ltd beneficiary programme (Brightideas365.com) or similar.

3. PAYMENT.

3.1 Payment Models

Bright Ideas 365 Ltd will make payments to all beneficiaries as they become due, under one of two payment models:

a) Monthly account
Bright Ideas 365 Ltd undertakes to make commission payments to beneficiaries on a monthly account basis, payable on a pre-agreed monthly payment date (except where clause 3.2 applies).

b) Annual surplus
Where at year end a surplus has been made, profits will be distributed amongst beneficiaries, proportionate to the number of sales made where they are named by the subscriber in the preceding 52 weeks.

3.2 General Payment Terms

Payment is only made to Beneficiaries (via BACS or cheque to a UK bank account) when a minimum balance of £30 (thirty pounds) is payable (except by prior arrangement). Where this threshold is not reached, payment will be delayed until it is. Beneficiaries may request a payment of the full current balance of their account at any time. This will be payable within 28 days of the request being received by Bright Ideas 365 Ltd.

Beneficiaries will receive payment for any action that is payable, that is to say for each subscription payment made (once it has been received into the Bright Ideas 365 Ltd bank account). Where a subscription is cancelled payment for that subscription will be terminated. Payments for new subscriptions will be applied from the first receipt of subscription fee by Bright Ideas 365 Ltd. Where this falls very close to the payment date, it may be held over to the following month at the discretion of Bright Ideas 365 Ltd.

In the event of a systems problem with the merchant (payment provider), whether Bright Ideas 365 Ltd has had prior warning of this or not, it will be up to the sole discretion of Bright Ideas 365 Ltd after having discussed the matter with the merchant as to what compensation if any is to be paid to the beneficiary.

Bright Ideas 365 Ltd will provide the beneficiary with a statement of account upon request. The beneficiary agrees to regularly check their reports to ensure that the commission shown is correct. Bright Ideas 365 Ltd accept no responsibility for any errors or omissions and their consequential implications which are not notified to us in writing within a four week period. This four week period begins on the day that the sale/action which generates the commission took place. The exception to this is commission payments that may not have been made, where this is the case, unpaid commission will be paid in the month following discovery of the issue. Bright Ideas 365 Ltd undertakes to do everything we can to correct any errors or omissions which may occur.

In order to protect our beneficiaries and Brightideas365.com’s reputation, in the event of any Beneficiary fraud, all transactions in the Beneficiaries account will be reversed. In addition Bright Ideas 365 Ltd or the merchants affected may recover any payments made before fraud has been detected. We also reserve the right to take legal or criminal action against the organisations and individuals involved.

In the event of suspected fraud, payment to that beneficiaries account will be stopped and the beneficiary will be asked to provide additional information as to how they have been promoting Brightideas365.com to ascertain where any rules or program terms may have been broken. Failure to comply will result in monies being withheld and the beneficiary’s account being terminated.

The beneficiary is responsible for the payment of all taxes or duties payable on any payments made to them/him/her by Bright Ideas 365 Ltd.

3.3 Commission Rates

The rate of commission payments is set as a percentage of sales income, after VAT (at the prevailing rate) and payment charges as levied by the payment services provider. The rates payable will be those to be found at https://brightideas365.com/commission-rates-for-beneficiaries. Commission rates may be varied by Bright Ideas 365 Ltd from time to time.

4. SUB-LICENCES.

Bright Ideas 365 Ltd grants each beneficiary a revocable, non-transferable, royalty free, UK sublicense to display and link to the Brightideas365.com web site or web site content, and all trademarks, service marks, trade names, logos and/or certain pre-approved copyrighted material (“Content”), for the limited purposes of promoting Brightideas365.com and subject to the terms and conditions of this agreement.

Modification of logo’s or devices and adding to copyrighted text is not permitted. Copyright notices must be displayed where applicable.

5. INDEMNIFICATION.

The beneficiary shall keep Bright Ideas 365 Ltd indemnified against any claims for damages or other claims for compensation arising from the actions of the beneficiary or any incorrect information given to Bright Ideas 365 Ltd by the beneficiary.

The beneficiary shall also compensate Bright Ideas 365 Ltd at it’s discretion for any other damages or costs caused by the beneficiary’s improper, negligent or unauthorised use of the Brightideas365.com brand or website.

6. LIABILITY – SALES CONTRACT.

Bright Ideas 365 Ltd will be solely responsible and liable for all contracts both written and implied between itself and the subscriber. The Beneficiary will have no liability for claims of damages or compensation against Bright Ideas 365 Ltd brought by any subscriber, save for where the conditions of this agreement have been materially breached by the beneficiary.

7. LIABILITY – SYSTEM FAILURE, VIRUSES, DAMAGES, DOWNTIME.

Whilst we undertake to correct any issue with the website, including setting up all appropriate back ups, etc. Hosting services are not guaranteed, therefore Bright Ideas 365 Ltd shall not be liable to beneficiaries for defects in the website (whether technical or editorial), or interruptions in the accessibility to the site.

Bright Ideas 365 Ltd will not be liable for any loss caused by any third party deleting, removing, deactivating or tampering with the website.

8. PROMOTION AND MEDIA REPRESENTATION.

(i) The Beneficiary is solely responsible for the representation of Brightideas365.com within their website and within any publicity material. Where possible this will be provided by Bright Ideas 365 Ltd, if required.

(ii) Beneficiaries may promote Brightideas365.com alongside their own branding within the United Kingdom. They must not be deliberately promoted to residents of other countries, except by prior written agreement.

(iii) Beneficiaries and their agents may not claim to represent the company, policy, or views of Bright Ideas 365 Ltd at any time, save for the distribution of beneficiary codes.

(iv) Beneficiaries and their agents may not under any circumstances deliberately misrepresent the products or operations on Bright Ideas 365 Ltd.

(v) Beneficiaries and their agents may not use the logos or devices of Brightideas365.com or Bright Ideas 365 Ltd (save for those stated in clause 4), without prior permission.

(vi) Bright Ideas 365 Ltd undertakes not to use the name or branding of the Beneficiary in such a way as to imply that it is a legal representative of that Beneficiary. Further Bright Ideas 365 Ltd undertakes not to use the beneficiaries name, logo’s or devices without prior written consent, save for the listing of the beneficiary amongst those available on the Brightideas365.com website.

9. CANCELLATION AND SUSPENSION BENEFICIARY PROGRAMME PARTICIPATION.

Bright Ideas 365 Ltd reserves the right to suspend organisations from eligibilty to take part in the Brightideas365 beneficiary programme where it is believed that it is being misused, including, but not limited to, under the following circumstances:

(i) Where the officers of Bright Ideas 365 Ltd believe that the beneficiary is bringing Brightideas365.com or Bright Ideas 365 Ltd into disrepute.

(ii) Where the officers of Bright Ideas 365 Ltd believe that the ethical principles of Bright Ideas 365 Ltd have not been adhered to by beneficiaries.

(iii) Where the officers of Bright Ideas 365 Ltd believe methods used to sell or promote Brightideas365.com subscriptions are misleading, unethical, or coercive.

(iv) Where the business, operation or status of the beneficiary becomes incompatible with the aims and ethics of Bright Ideas 365 Ltd and Brightideas365.com.

Under these circumstances, programme membership may be suspended while investigations continue. Where it is found that no conditions have been breached all owed commission accrued during the time of suspension of the code will be payable with immediate effect.

10. COPYRIGHT / INTELLECTUAL PROPERTY.

Bright Ideas 365 Ltd owns all unique copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the Brightideas365.com website and services. The beneficiary does not acquire any rights or licences whatsoever, save for this specifically outlined in this agreement.

11. BENEFICIARIES INFORMATION.

The beneficiary consents to the publication of their name and website URL address etc on the Brightideas365.com website (though the right of representation and use of logos and trade marks is not implied or allowed by this).

The beneficiary acknowledges that Bright Ideas 365 Ltd may contact the beneficiary by email, telephone or post for feedback relating to the service including any ways in which it might be improved both for the programme as a whole and for the individual beneficiary.

The beneficiary confirms to Bright Ideas 365 Ltd that the beneficiary is not a private individual less than 18 years of age, or represented by same.

12. DISCOUNTS AND DEALS SUBMITTED FOR PUBLICATIONS
Where beneficiaries submit offers and promotions for publication on the Brightideas365 website, whether redeemable in-store or online, the following conditions will apply.

Deals must be genuine offers that are not generally available to all store or website visitors (standard or sale prices, etc.). Suitable offers include:

  • Discounts.
  • Free products including samples and buy one get one frees.
  • Free gifts.
  • Bulk discounts.

Bright Ideas 365 Ltd reserves the right to refuse any offer without explanation. Offers on tobacco products and gambling activities are not acceptable under any circumstances. Promotions involving alcoholic products may be acceptable under certain circumstances (at the discretion of the Bright Ideas 365 Ltd).

Conditions such as a minimum spend are perfectly acceptable, however deals must not require an unreasonable amount of work or expenditure to redeem. 

13. FEATURES SUBMITTED FOR PUBLICATION
Where beneficiaries submit features for publications on the Brightideas365 website the following conditions will apply.

All features are accepted at the discretion of the editor.

Editorial content and accompanying pictures must not contain ‘advertising’ copy. They must not contain prominent branding or taglines for third party organisations or commercial sponsors, though these organisations may be referenced by name in the body of the text. Copy must be factually correct and not contain any material that could be considered libellous or offensive.

There is no limit to how many features from a single beneficiary can be run. Featured subjects may include:

  • The history of your organisation and/or the work that you do.
  • A specific project, service, appeal.
  • Advice and information (including financial and legal subject to professional verification).
  • A profile of your founder.
  • A day in the life of a volunteer.

The following are excluded:

  • Direct advertising of a third party product or service.
  • Features that may worry, offend, or upset our subscribers.

Content may be edited or rejected where the above is contravened. In addition to the above, features are unlikely to be published if they do not comply with our usual editorial policy (though they may under exceptional circumstances).

14. APPLICABLE LAW.

The beneficiary is solely responsible for the legality of the use of the Brightideas365.com service.

This agreement is subject to the laws of England, Wales, and Northern Ireland and shall be subject to the non-exclusive jurisdiction of these courts.

This agreement is subject to the laws of Scotland and shall be subject to the non-exclusive jurisdiction of the Scottish courts.

If any dispute arises out of this agreement the parties undertake to attempt to reach a settlement by a mediation procedure as the parties may agree in writing.

FURTHER INFORMATION

All queries regarding the Brightideas365.com beneficiary programme should be directed to beneficiaries@brightideas365.com.

All information correct at 1st March 2021.

Brightideas365.com is owned and operated by Bright Ideas 365 Ltd.

Registered in England and Wales.
Company number: 07975287.

Registered office:
61 Bridge Street,
Kington,
Herefordshire,
HR5 3DJ.