VegFund Applicant-Grantee Contract: Terms and Conditions
Table of Contents
General Conditions for Grantees
In addition to the terms listed above, VegFund reserves the right to deny applications that in the sole discretion of VegFund do not fit within our mission and/or guidelines or that are judged not to be an efficient or effective use of funds, or for any other reason in VegFund’s sole discretion.
- The Grantee is responsible for completing the Reimbursement form (“Report”).
- The Report must be submitted no later than 30 days after the event date, or as otherwise specified, at the discretion of VegFund. Where applicable, photos and other Materials must be uploaded with the Report.
- The Grantee is responsible for notifying and receiving approval from VegFund of any changes, including, but not limited to, modifications of food sampling menus, literature selection, venue, or event date(s). VegFund must receive notice in writing not less than 5 business days before the event. For applicants representing an organization, any changes in senior leadership after the application is approved shall be reported to VegFund prior to pay-out and may, in VegFund’s sole discretion, alter VegFund’s reimbursement determination.
- All Materials must be submitted through the Grant Management System. VegFund is unable to accept Materials via mail or email. However, if for some reason, Materials must be submitted to VegFund outside of the Grant Management System, the Grantee will still be bound to these terms with regard to Materials submitted outside the Grant Management System. Reports missing required photos or itemized receipts will not be accepted or paid. Please be advised that for reimbursement outside the U.S., Grantees must provide their PayPal email address. At this time, VegFund is only able to process non-U.S. reimbursement via PayPal; however, we may elect at any time to use other reimbursement methods.
- For events involving food distribution, Grantee is solely responsible for safe and proper food handling and must comply with all applicable laws or regulations related thereto. Grantee will display all required signage. Printable files are located on the VegFund website.
VegFund remits all grant payments electronically. Domestic grantees (based in the United States) will be paid using an electronic bank transfer via a 3rd party ePayment vendor called Bill.com, which requires grantees to enter their Tax ID Number (or Social Security Number for individual grantees) and bank account information into our secure ePayment portal. Foreign grantees (based outside the United States) will receive payment via PayPal or another electronic transfer service for countries that do not accept PayPal.
VegFund retains sole control and absolute discretion as to the consideration and/or approval of grants and the use of any and all grant funds and shall have the right (but not the obligation) to refuse funding, terminate funding, withdraw unspent funds or change the funding amount in its sole and absolute discretion.
The Grantee will use the funds only for the applied for and specific purposes approved by VegFund, and as described in this Agreement, and understands that any alternative use of funds must be authorized in advance, in writing by VegFund. At all times VegFund reserves the right to withdraw or discontinue funding if the reported alternative use is 1) deemed unacceptable to VegFund, 2) reasonably believed by VegFund to be damaging to the reputation and good will of VegFund, 3) inconsistent with the VegFund tax-exempt purposes and mission, or 4) contrary to the best interests of VegFund and its mission.
Grantee also shall provide VegFund, upon request, with all information relating to the results, findings or methods, and/or publications developed under the grant. VegFund may withhold in its sole and absolute discretion any future payments of the grant if it has not received all reports required to be submitted by Grantee and in the event such reports do not meet VegFund’s reporting requirements. Any reports may be disseminated and/or used by VegFund without the prior written consent of the Grantee.
Grantee shall maintain an accurate record of the grant received, activities conducted, and all expenses incurred under this grant, and retain such books and records for at least four (4) years after completion of the use of this grant. Furthermore, at the request of VegFund, Grantee shall permit reasonable access to its files, records and personnel by VegFund (or its designated representatives) for the purpose of making financial/grant audits, evaluations, or other verifications concerning this grant as VegFund deems necessary and in its sole and absolute discretion. The fees and expenses of such designated representative, solely at the request of VegFund, shall be paid by VegFund.
Proprietary Rights in Materials Submitted With VegFund’s Follow-Up Reimbursement Report
VegFund does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other Materials submitted with the follow-up reimbursement Report. However, Grantee hereby grants to VegFund a non-exclusive, fully paid and royalty-free, perpetual, worldwide, sub-licensable and transferable license to use, modify, publicly perform, publicly display, reproduce and distribute such Materials, including without limitation distributing part or all of the materials in any media formats, through any media channels, advertising, marketing, or promotional products. You agree that VegFund may use your organization’s name, the date, and location of any funded event, and a brief description of such event, for the purpose of advertising and promoting VegFund and its programs.
You represent and warrant that: (i) you own the Materials submitted by you through the Grant Management System or otherwise have the right to grant the license or sublicense set forth in this section, (ii) the submission and use of your Materials does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the submission of your Materials does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Materials you post on or through the VegFund Grant Management System.
Disclaimer of Liability
VEGFUND, ITS OFFICERS, DIRECTORS, EMPLOYEES AND VOLUNTEERS HEREBY DISCLAIM IN FULL AND DENIES ANY AND ALL LIABILITY, OBLIGATION OR RESPONSIBILITY FOR ANY CLAIMS, DAMAGES OR INJURIES OF ANY TYPE OR NATURE ARISING OUT OF OR RESULTING FROM THE GRANTEE’S APPLICATION FOR OR USE OF GRANTED FUNDS OR THE ACTIVITIES FOR WHICH THE GRANT FUNDS ARE/WERE USED. GRANTEES WISHING TO INDEMNIFY THEMSELVES AGAINST ANY PERSONAL AND POTENTIAL LIABILITY SHOULD CONSULT AN APPROPRIATE LEGAL PROFESSIONAL.
Disruption/Cancellation of Events
If an outreach event is cancelled, shortened or disrupted for any reason, the Grantee will be solely responsible for any out-of-pocket cost related to that event. VegFund does not reimburse for any losses if the event does not take place, including, but not exclusive to, if turnout is less than expected. If an event is cancelled for reasons outside of the applicant’s control, or if attendance is low, VegFund may, at its sole and absolute discretion, and where applicable, permit Grantee to use packaged, non-perishable food and literature at a suitable make-up event. The Grantee must contact VegFund promptly in such situations and follow the necessary steps to receive approval for the make-up event.
Restricted Affiliations Regarding Illegal Activities and Terrorism
Grantee hereby represents and warrants that:(i) Grantee is not, and has never been, designated as an individual or entity that has been determined to have committed, or poses a significant risk of committing, acts of terrorism which threaten the security of U.S. nationals or national security, foreign policy, or the economy of the U.S., in violation of Executive Order 13224, entitled “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism,” effective September 24, 2001 (the “Order”); (ii) Grantee is not owned by, controlled by, or acting on behalf of an individual or entity in violation of the Order; (iii) Grantee has not, and will never, assist in, sponsor, or provide financial, material, or technological support to, or in support of, acts of terrorism or individuals or entities designated under the Order;(iv) Grantee is not otherwise associated with individuals or entities designated under the Order; (v) Grantee shall not enter into any sales, lease, or other agreement with any person, group, entity, or nation named under the Order, or found on the controlled countries (“Controlled Countries”) list or Specially Designated Nationals (“SDN”) list, as maintained by the United States Department of Treasury (and other agencies); and (vi) Grantee shall not assign this Agreement, or any rights or responsibilities herein, to any person, group, entity, or nation named in the Order, Controlled Countries list, or the SDN.
Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights or any other rights we may assert under this Agreement.
This Agreement constitutes the entire Agreement between VegFund and the applicant/grantee and supersedes and replaces any prior agreements. This Agreement may not be modified, amended, or otherwise altered or supplemented without the prior written consent of authorized representatives of both VegFund and the Applicant.
Grantee hereby agrees to defend, indemnify, and hold harmless VegFund, Inc., any parent, subsidiary, or affiliate of the same, and each and all of their respective employees, agents, volunteers, officers, members, managers and directors from and against any and all fines, penalties, actions, claims, damages, losses, liabilities, injuries or damages to persons or property, and expenses (including reasonable attorney’s fees and costs), regardless of how incurred or how arising, judicially, administratively, or otherwise, arising from or related to: (i) any breach of this Agreement, including but not limited to the foregoing requirements, warranties and representations, (ii) any violation, by you, of any trademark, copyright, or other intellectual property rights in connection with your use of grant funds from VegFund, or (iii) any other act, error or omission related to your use of grant funds from VegFund. This duty of indemnification shall survive the termination or expiration of this Agreement for any reason.
VegFund shall have no monetary liability, in contract, tort or otherwise, arising out of its agreement to provide or consider a grant under or related to this Agreement. IN NO EVENT WILL VEGFUND BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF ANTICIPATED PROFITS OR BENEFITS UNDER OR RELATED TO THIS AGREEMENT. THESE LIMITATIONS OF LIABILITY ARE INDEPENDENT OF ANY REMEDIES AND, NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF SUCH REMEDIES, WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
No right, license, or other authority to use the VEGFUND trademark or any trademarks or other intellectual property owned by VegFund, Inc., is given under this Agreement, and such use is expressly prohibited.
No part of this Agreement shall cease to be in effect if any other part is deemed unenforceable or otherwise non-applicable.
Any dispute under this Agreement shall be subject to the laws of the State of Florida, USA, and shall be resolved by binding arbitration conducted in the State of Florida, USA, under the commercial rules of arbitration of the American Arbitration Association.
I certify that, to the best of my knowledge and belief, the statements provided here are true and correct. I attest that I am at least 18 years of age and that I have read and understood the terms and conditions herein described and I agree to abide by them.