The Fundraising Partnership Agreement is essential for organizations engaging in collaborative fundraising activities within India's legal framework. This document becomes necessary when two or more entities wish to combine their resources and expertise for fundraising purposes, whether for charitable, educational, or social causes. It addresses critical aspects required by Indian law, including compliance with the Foreign Contribution (Regulation) Act, anti-money laundering regulations, and charitable trust laws. The agreement is particularly relevant in today's context where cross-sector partnerships and professional fundraising have become increasingly common in India's social sector. It provides a structured framework for defining roles, responsibilities, financial arrangements, and compliance obligations while protecting the interests of all parties involved.
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1. Parties: Identification of all parties to the agreement, including their legal status and registered addresses
2. Background: Context of the partnership, including the purpose of fundraising and brief description of each party's expertise
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Partnership: Detailed description of the fundraising activities, territories, and target sectors covered by the agreement
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Fundraising Targets and Objectives: Specific fundraising goals, metrics, and timelines
7. Roles and Responsibilities: Detailed obligations of each party in the fundraising partnership
8. Financial Arrangements: Revenue sharing, commission structures, payment terms, and expense allocation
9. Compliance Requirements: Obligations regarding legal compliance, permits, and regulatory requirements
10. Representations and Warranties: Standard and specific warranties from each party
11. Confidentiality: Protection of confidential information and trade secrets
12. Intellectual Property: Usage rights of trademarks, logos, and marketing materials
13. Termination: Grounds for termination and post-termination obligations
14. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.
1. Foreign Contribution Compliance: Required when the fundraising involves international donors or foreign sources
2. Digital Fundraising Provisions: Required when fundraising activities include online platforms or digital payment systems
3. CSR Compliance: Required when fundraising involves corporate social responsibility funds
4. Anti-Money Laundering Procedures: Required for high-value donations or when dealing with multiple unknown donors
5. Data Protection and Privacy: Required when collecting and processing donor information
6. Force Majeure: Optional clause for unforeseeable circumstances affecting fundraising activities
7. Non-Compete: Optional restrictions on parallel fundraising activities
8. Insurance Requirements: Required for high-risk fundraising activities or events
1. Schedule 1 - Fundraising Territories: Detailed list of geographical areas covered by the agreement
2. Schedule 2 - Fundraising Methods: Approved fundraising techniques, channels, and activities
3. Schedule 3 - Fee Structure: Detailed breakdown of commission rates, fees, and payment calculations
4. Schedule 4 - KPI Metrics: Specific performance indicators and measurement methods
5. Schedule 5 - Compliance Checklist: List of required permits, registrations, and compliance requirements
6. Schedule 6 - Marketing Guidelines: Approved marketing materials and brand usage guidelines
7. Schedule 7 - Reporting Templates: Standard formats for periodic reporting and documentation
8. Appendix A - Due Diligence Requirements: Procedures for donor verification and fund source validation
Relevant legal definitions
Clauses
Relevant Industries
Non-Profit
Education
Healthcare
Social Services
Religious Organizations
Environmental Conservation
Arts and Culture
Disaster Relief
Child Welfare
Corporate Social Responsibility
International Development
Community Development
Relevant Teams
Legal
Compliance
Finance
Business Development
Corporate Social Responsibility
Operations
Partnerships
Grant Management
Development
Risk Management
Relevant Roles
Fundraising Manager
Development Director
Chief Executive Officer
Compliance Officer
Legal Counsel
Partnership Manager
CSR Manager
Non-Profit Director
Grant Writer
Finance Director
Operations Manager
Program Director
Business Development Manager
Charitable Trust Administrator
NGO Coordinator
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