GRANT APPLICATION TERMS

The Kitty Fund Grant is an open call for grant applications (“Applications”) for possible grant funding (“Grant”) from Founders First Community Development Corporation, Inc., a California nonprofit public benefit corporation recognized as exempt under Internal Revenue Code Section 501(c)(3) (“Founders First”). This is an open request for Applications and not a contest. The amount of Grant funds, the number of Grants awarded, and the Company selected for Grants are at Founders First’s sole discretion. These Terms are binding on you, individually, and your Company as applicable.

1.     COMPANY ELIGIBILITY AND GRANT APPLICATION REQUIREMENTS: In order for your Company’s Application to be considered:

a)     You must be an authorized representative of your Company and

b)     Your Company must:

                                  i.         Meet the eligibility requirement included in the grant application;

                                ii.         Submit an application on the official Founders First website (“Site”);

                               iii.         Complete the Job Creators Success Assessment; and

                               iv.         Your Company must agree to the terms of this Agreement

 

2.     GRANT CONDITIONS. Monetary grants to Company are subject to compliance with the following condition: 

a)     Company shall set up an account with Bill.com to receive the Grant disbursement

 

3.     PROHIBITED USES. Company shall not use any Grant Funds for any of the following purposes:

a)     Public Election; Voter Registration Drive. To influence the outcome of any specific election for candidates to public office, or to carry on, directly or indirectly, any voter registration drive;

b)     Terrorist Activity. To provide support to or promote, directly or indirectly, any terrorist activity, related training, money laundering, or violence;

c)     Violation. Inducing or encouraging violations of law or public policy;

d)     Private Inurement; Inconsistent Action. Causing any private inurement or improper private benefit to occur, or taking any other action inconsistent with Section 501(c)(3) of the Internal Revenue Code; or

e)     Any Other Purpose.  Using Grant Funds for expenses other than charitable, scientific, literary, or educational purposes within the meaning of Section 170(c)(2)(B) of the Code.

 

4.     LOBBYING. There is no agreement, oral or written, permitting the Grant to be directed or earmarked for carrying on propaganda or otherwise attending to influence legislation within the meaning of Section 4945(d)(1) and (e) of the Code. 

 

5.     PUBLICITY.  Company agrees to receive additional promotional information from Founders First CDC. If selected as a semi-finalist and or finalist, you grant permission to Founders First CDC and its affiliates, agents, assigns, and successors in interest the irrevocable right to use, edit, and display your name, business  name, product names, trademarks, picture, photograph, likeness, voice, image, recordings, and any content you may show when being recorded, in all forms of media and in media and in all manners, without restriction as to changes, alterations or derivative works for advertising, trade, promotion, exhibition, training, investor presentations, financial reports, statistical reporting, or similar lawful purposes. You further waive any right to inspect or approve the use of any image, recording or media by Founders First CDC prior to its use. You forever release and hold Founders First CDC harmless from any and all liability arising out of the use of the images in any manner or media whatsoever, and waive any and all claims and causes of action relating to use of the images, including without limitation, claims for invasion of privacy rights or publicity I hereby certify that the information provided above is true and correct to the best of my knowledge

 

6.     PRIVACY: You and your Company agree that your personal information and Company’s information provided in the Application and Materials, including name, postal address, phone number, and email address may be processed, stored, shared and otherwise used within the context of the Application review process and Grant administration. For the purpose of evaluating the Grant Application, Company hereby grants to Founders First and its affiliates, partners and representatives a nonexclusive, worldwide, royalty-free, fully paid, perpetual, irrevocable license (with the right to sublicence) to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, display and otherwise use all materials submitted in the Application and any additional materials provided as part of the Application review process (“Materials”). To help Founders First with its review of your Application, Founders First may disclose your Application and Materials to its employees, consultants, agents and other third parties.

 

7.     REVERSION OF GRANT FUNDS.  Founders First has the right at its discretion to terminate or suspend the Grant or withhold payment if (a) necessary to comply with any requirements of law or (b) Company fails to comply with any of the terms or conditions of this Agreement.

 

8.     TERMINATION.  Founders First may immediately terminate this Agreement for Company’s failure to comply with the terms of this Agreement.

 

9.     CONTROL. Founders First and Company acknowledge and agree that neither the Founders First nor any “disqualified person” with respect to the Founders First (within the meaning of Section 4946(a) of the Code) controls Company within the meaning of Section 4942 of the Code. 

 

10.  LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY, OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, PROFESSIONAL STAFF, EMPLOYEES OR AGENTS BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE RIGHTS GRANTED HEREUNDER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER SUCH PARTY WILL BE OR HAVE BEEN ADVISED, WILL HAVE REASON TO KNOW OR IN FACT WILL KNOW OF THE POSSIBILITY OF THE FOREGOING.

 

11.  INDEMNITY. Company shall indemnify, hold harmless and defend Founders First, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Agreement, demands or causes of action, including but not limited to items to which the Company has certified or approved, except for liability arising out of the gross negligence of Founders First, its officers, agents or employees. Company acknowledges that it is solely responsible for compliance with items to which it has certified.

 

12.  ASSIGNMENT. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party. A sale of substantially all the assets of a party or a merger of a party does not constitute an assignment for purposes of this clause.

 

13.  GOVERNING LAW AND VENUE. This Agreement shall be deemed to have been entered into, and to be performed, within the jurisdiction and venue of the Central Division of the Superior Court of the County of San Diego, State of California.

 

14.  SEVERABILITY. Should any provisions in this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby.

 

15.  MODIFICATIONS. No changes or waivers to this Agreement shall be binding unless made in writing and duly signed by authorized agents of both parties.