Where an agreement with a business partner falls within the definition of a “business participant”, the business participant must have a written agreement with the non-profit organization for which it wishes to raise funds and must contain certain information. We have created four forms of agreements. The description, which is attached to each of them, indicates the general nature of the provision for which it was designed. The form to be used depends on whether or not the action involves the sale of a product and whether or not a commercial subsidiary of the charity should sign the contract. Examples of relevant promotions are also included in the calendar of each form that indicates certain types of promotions for which it is likely to be suitable. Agreements for other types of advertising may also be in accordance with an agreement with a “business participant” and, in case of doubt, legal advice should be used. It is an offence for a professional fundraiser or business participant to raise funds on behalf of a benevolent organization, without a fundraising agreement that meets the requirements of the 2009 regulations. This means that charitable agents can request access to the records of all professional fundraisers or business participants with whom the charity has entered into agreements. A professional fundraiser or business participant who has an agreement with you must, upon request, allow you to view their books, documents and records relating to your non-profit organization. As part of its fundraising efforts, a charity may, from time to time, arrange for a commercial enterprise to run an advertising business as a “commercial participater”, i.e. to financially sponsor an event organized by the charity in return for advertising or other sponsorship benefits to the business.

It is important that both parties understand their legal requirements and that a written agreement is reached and a statement of formal notice is made. If both parties use the other party`s branding, either on a product or on marketing materials, in order to promote cooperation, both organizations should take appropriate measures to protect their intellectual property (e.g.B. through trademarks and trademark guidelines). . . .