Policy updates

This page displays policy updates informing users in advance of important changes to the PayPal Giving Fund policies.

AMENDMENTS TO COVER REQUIREMENTS OF CALIFORNIA REGULATIONS
Effective Dates: Dec 11, 2024 - January 1, 2025

We amended various policies to reflect compliance with the requirements of new California regulations, published pursuant to the Supervision of Trustees and Fundraisers for Charitable Purposes Act:

We amended our Privacy Policy to cover the treatment of personal data of people undertaking fundraising being shared with benefitting charities, when those people consent to such sharing.

We amended our Donation Delivery Policy to show that we will grant funds to unenrolled charities no later than 45 days of the end of the month following each donation, starting January 1, 2025. Donations received before January 1, 2025 will be granted within 90 days of the date of donation.

We amended our Nonprofit User Agreement to state:

That users must be properly authorized to enter the agreement (2b),
how and where the solicitation information provided by charities is used by PayPal Giving Fund and partners (3a),
in more consistent language how our grant making works (4d),
how charities can use personal donor/fundraiser information if a donor/fundraiser opts to share that information (4e and definition 11),
that charities will have the ability to opt out of individual partner programs via a dedicated partner page, or to opt out of all our programs (4h), and that fees will be disclosed on the dedicated partner page (6a), and
that charities are able to withdraw consent to our user agreement but continue to benefit from funds raised, with access only to limited information (9b).

We also amended our Donor Terms to:

Update the language around PPGF’s identity as a sponsoring organization of donor advised funds and a public charity, and to simplify other phrasing and references to defined terms,
Clearly prohibit indirect benefits to our donors from their recommendations or grants, and clarify that all recommendations are non-binding and advisory only,
Better explain the status of Donor Accounts in which funds may be held pending recommendations (currently only applies to some corporate donation programs), and
Update the language requiring disputes to be settled through arbitration.

AMENDMENT TO DONATION DELIVERY POLICY AND DONOR ACCOUNT POLICY
Effective Date: August 13, 2024

We amended our donation delivery policy and donor account policy to state that donated funds are kept in a secure, dedicated bank account and removed the statement that such accounts will not earn interest.

NEW POLICY ON DONOR ACCOUNTS
Effective Date: March 15, 2024

We published a new policy, specifically governing donations in those cases where PPGF has received a donation and awaits a recommendation from the donor. The policy:

Clarifies that all DAF funds are donations to PPGF and governed by our donor terms and donation delivery policy,
Sets out a process for companies to authorize individuals to make recommendations,
Highlights that our grants are unrestricted unless otherwise agreed with the charity, and
Asserts our right to cancel grants when we can’t follow a recommendation.

We also require that:

At least 5% of funds in each account must be recommended for distribution each year.
Funds will be deemed inactive, and eligible for distribution by PPGF, if no recommendations are made for 3 years. The donor will be contacted after 1 year of inactivity.

AMENDMENTS TO THE DONATION REFUND POLICY
Effective Date: March 15, 2024

We made minor updates by way of clarification. In particular, we:

Updated our general statement about the delivery of funds to more clearly include unenrolled charities and refer to our Donation Delivery Policy,
Explained that when donors choose an incorrect charity to support in error, the donor should contact us to request that the funds are reassigned to the correct charity, and
Updated some of the descriptions of our major partner programs.

AMENDMENTS TO THE NONPROFIT USER AGREEMENT

Effective Date: March 3, 2022

A summary of changes follows:

We removed language referring to charities' eligibility to sell items on eBay, which is now managed by eBay.
We clarified that, in granting permission for us to use your charity's name to identify you as a charity that will benefit from donations to PayPal Giving Fund, you also grant permission for us to use your name as part of commercial co-ventures that we engage in with our partners.
We updated the language to more accurately reflect how charities become enrolled with PayPal Giving Fund and complete their Nonprofit Profile.

AMENDMENTS TO THE DONATION DELIVERY POLICY

Effective Date: March 31, 2022

A summary of changes follows:

We added language to clarify that we may elect to offset cancelled donations against future grants, rather than requesting that charities return funds already granted.

Effective Date: October 12, 2021

A summary of changes follows:

We made minor updates to sentences describing the timetable for granting funds to enrolled charities: 'in nearly all cases within 10 to 40 days' and to unenrolled charities: 'within 90 days with few exceptions'.

CHANGES TO THE PAYPAL GIVING FUND NONPROFIT USER AGREEMENT, THE DONATION DELIVERY POLICY, AND NONPROFIT CERTIFICATION POLICY

AMENDMENTS TO THE NONPROFIT CERTIFICATION POLICY

Effective Date: November 5, 2021

A summary of changes follows:

We added a sentence that as part of its ongoing review and monitoring process, PayPal Giving Fund removes charities from its directory that are found not to be in good standing with individual US states, such as California.

CHANGES TO THE PAYPAL GIVING FUND NONPROFIT USER AGREEMENT, THE DONATION DELIVERY POLICY, AND NONPROFIT CERTIFICATION POLICY

Effective Date: May 10, 2018

PayPal Giving Fund is making some changes to its Nonprofit User Agreement, Donation Delivery Policy, and Nonprofit Certification Policy that will be effective as to all PayPal Giving Fund users in the U.S. on May 10, 2018. We encourage you to review these Policy Updates and familiarize yourself with all the changes that are being made. If you do not agree to these amendments, you may close your account before May 10, 2018.

Amendments to the PayPal Giving Fund Nonprofit User Agreement, effective May 10, 2018

A summary of changes follows:

PayPal Giving Fund will now formally operate a Donor Advised Fund, which not only allows donors to recommend charities they wish to benefit from their donations (as they always have), but also allows donors to recommend a new charity in the very rare case that PayPal Giving Fund is unable to deliver donations to the originally recommended charity.
As a Donor Advised Fund, PayPal Giving Fund can no longer allow Private Non-operating Foundations and Supporting Organizations, as identified by the IRS, to participate as enrolled charities.
We have updated our logo usage provision to enable PPGF to feature your charity's name and logo in marketing campaigns and emails directed at prospective donors.
We have updated our definition of PayPal Giving Fund "Services" to better illustrate the suite of products and services we already offer to enrolled charities.
We have updated our definition of "Donors" to better illustrate the scope of platforms and services where donors are already able to make donations utilizing our Services.

Amendments to the Donation Delivery Policy, effective May 10, 2018

A summary of changes follows:

PayPal Giving Fund will now formally operate a Donor Advised Fund, which not only allows donors to recommend charities they wish to benefit from their donations (as they always have), but also allows donors to recommend a new charity in the very rare case that PayPal Giving Fund is unable to deliver donations to the originally recommended charity.
We have updated our terms to illustrate the process for reassigning funds in the rare event that a donation must be reassigned, but the donor does not recommend a new charity.

Amendments to the Nonprofit Certification Policy, effective May 10, 2018

A summary of changes follows:

We have updated our terms to more accurately describe the steps nonprofits must take in order to be eligible to enroll with PayPal Giving Fund, and to describe information we may receive about registered charities through our partnership with GuideStar.
We have made updates to demonstrate our ongoing efforts to determine if and when charities should be removed from our platform due to regulatory requirements or for violation of our or our partners' terms.

Previous policy versions

PayPal Giving Fund Nonprofit User Agreement, effective 2-22-2022 through 12-31-2024

Click here to view

PayPal Giving Fund Nonprofit User Agreement, effective 5-10-2018 through 2-22-2022

Click here to view

PayPal Giving Fund Nonprofit User Agreement, effective 4-12-2016 through 5-09-2018

Welcome to the PayPal Giving Fund community. PayPal Giving Fund accepts charitable donations and makes grants to charitable organizations in furtherance of its charitable mission. PayPal Giving Fund is a tax-exempt organization as described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code").

This Nonprofit User Agreement ("Agreement") is a contract between you and PayPal Giving Fund and explains our commitments to you and our requirements of you as a Participating Nonprofit. Please read this Agreement, including all linked information, carefully. By checking the box to accept this Agreement when you register your account, you acknowledge that you have read, understood, and agree to be bound by it.

This Agreement contains 12 sections. You may jump directly to any section by clicking the related link below. The headings and subheadings are for reference only and do not limit the terms or application of the applicable section. Capitalized terms are defined in Section 12 (Definitions) and in context to ease understanding.

Your trust is very important to us. If you have questions about this agreement, please contact our Community Care Team.

Our Relationship with You
Your Eligibility to Register
Your Obligations
Receiving Donations
eBay Direct Selling
License and Access to PayPal Giving Fund Website
Donation Deductions and Fees
Taxes
Warranties and Disclaimers
Term and Termination
Miscellaneous Terms and Conditions
Definitions

Our Relationship with You

Your Eligibility to Register

2.a Participating Nonprofits must be eligible to receive tax-deductible charitable contributions under Section 170 of the Code (a "Tax-Deductible Organization") and must meet the requirements to be treated as either a “Private Foundation” under Section 501(c)(3) of the Code or a "Public Nonprofit" as under Section 509(a) of the Code. In addition, your account must be in good standing; i.e., we must not have any concerns about problems with your organization's public accountability. You must promptly update and notify us in case of any changes to your status as a Tax-Deductible Organization, and/or if the IRS or any state or local government agency initiates an inquiry into your status. You agree to provide any information that we may reasonably request related to your status as a Tax-Deductible Organization or a Public Nonprofit. Participating Nonprofits must comply with our Nonprofit Certification Policy for NPOs that are appropriate in our community. We reserve the right to deny or revoke Participating Nonprofit status to any NPO that fails, in PayPal Giving Fund's sole opinion, to meet these standards. You acknowledge and consent to our use of third party service providers to review and verify your status as a Tax-Deductible Organization, Private Foundation, and Public Nonprofit.

2.b You must register with PayPal Giving Fund and complete a "Nonprofit Profile" to become a Participating Nonprofit, which will include:

(i.) Your organization’s current legal "Name” and, if you have one, an electronic version of your "Logo” that meets our technical requirements; (ii.) (i.) A written "Mission Statement” that describes your charitable purposes; (iii.) Proof of your status as a Tax-Deductible Organization and as a Private Foundation or Public Nonprofit ("Proof of Status") such as a copy of your 501(c)(3) determination letter from the IRS; (iv.) A valid, working email address; and (v). The e-mail address associated with your PayPal account.

2.c You will be considered a Participating Nonprofit only after we have reviewed your completed Nonprofit Profile and approved you as a Participating Nonprofit. You will remain a Participating Nonprofit until this Agreement is terminated for any reason. You acknowledge and consent to our use of third party service providers to review and verify the information in your Nonprofit Profile.

2.d You may update your Nonprofit Profile using our online tools or by contacting us. You agree to update your Nonprofit Profile as necessary to maintain its accuracy, or when requested by us. We will treat your Nonprofit Profile according to the terms of our Privacy Policy.
Your Obligations

3.a You hereby grant PayPal Giving Fund a non-exclusive license to use your Name, Logo and Mission Statement during the term of this Agreement to identify your organization as a Participating Nonprofit on the PayPal Giving Fund Website, eBay.com website, PayPal’s website, and other websites and services with which we may partner. We acknowledge that you retain ownership of your trademarks, trade names and servicemarks and any associated goodwill.

3.b Participating Nonprofits bear sole responsibility for complying with all laws, rules and regulations applicable to your activities under this Agreement and to your status as a Tax-Deductible Organization and Public Nonprofit. You understand that you may have obligations to register under state or local laws regarding charitable solicitations, and that we have no obligation to assist with any such registration. You agree that we have no liability for your failure to register properly. You agree to bear all costs associated with your compliance with such requirements. You agree that, for purposes of state charitable solicitation laws or regulations, nothing in this Agreement is intended to cause PayPal Giving Fund in any way to act as a professional fundraiser or fundraising counsel on your behalf.

3.c You agree to abide by the Nonprofit Certification Policy for NPOs as well as any other standards we may communicate to you in the course of your use of the PayPal Giving Fund Services.
Receiving Donations

4.a We post information about Participating Nonprofits—which may include your Name, Logo and Mission Statement—on the PayPal Giving Fund Website, on eBay.com, on PayPal.com, and on other websites and services with which we may partner for purposes of soliciting donations. eBay Users, PayPal Users and users of other websites and services will have access that information through our Services as well as through the websites and services with which we partner.

4.b You acknowledge that we make no promise that you will receive any donations as a result of your status as a Participating Nonprofit.

4.c Distributions made under this Agreement will be made into the PayPal Confirmed Nonprofit Account identified in your Nonprofit Profile. You agree to take any actions necessary to authorize us to make such transfers to you, and you will not hold us liable if you provide us with inaccurate or incomplete information about your bank account. Any distribution we may make to you is subject to our obligations to Donors, and our Donation Delivery Policy regarding timing of delivery and expenses.

4.d Donors make their donations to PayPal Giving Fund and not to Participating Nonprofits. We make charitable distributions to qualifying Participating Nonprofits that are selected by Donors. As a result, any donations your organization receives pursuant to this Agreement are made by PayPal Giving Fund, not by Donors. PayPal Giving Fund retains exclusive legal control over all donations received by it from Donors.

4.e Pursuant to our Privacy Policy, PayPal Giving Fund may disclose to you information about Donors, including name and contact information. You agree that PayPal Giving Fund discloses this information to you only for the purpose of enabling you to acknowledge donations, to resolve any issues with donations, and to provide a reasonable amount of information about your charitable work. You become the data controller of the Donor’s personal information that we provide to you for this limited purpose. You must not use the Donor’s personal information for any other purpose without the Donor’s further consent, including but not limited to for marketing purposes. You agree you will obtain consent from Donors to use the information we provide to you for any purpose beyond what is contained in this clause.

4.f We reserve the right not to distribute a donation to you (even if you are selected by a Donor for a particular donation), if:

(i) we are unable to deliver it (e.g., if the PayPal account and/or contact information in your Nonprofit Profile is invalid); (ii) at any time you are in breach of this Agreement; (iii) you cease to have status as a Tax-Deductible Organization, Private Foundation, or Public Charity; (iv) doing so would cause us to be out of compliance with applicable laws; (v) doing so would bring us into disrepute; or (vi) you otherwise cease to qualify as a Participating Nonprofit in good standing. In any such case, we reserve the right to redirect any donation to another entity, or to use or dispense with the donation in any manner consistent with our policies and charitable purposes.

4.g You agree to promptly return to us the full amount of any donation you receive from us if, when you receive it:

(i) you have ceased to have status as a Tax-Deductible Organization, Private Foundation, or Public Nonprofit; (ii) this Agreement has terminated; (iii) you are not a Participating Nonprofit in good standing; or (iv.) we have notified you that a Donor is due a donation refund. We may, in our sole discretion, elect to offset a future donation rather than requesting that you return to us an amount that we have already donated to you.

4.h We provide Participating Nonprofits various ways to receive donations through the PayPal Giving Fund Services, all of which are optional, except for Community Selling. Choosing not to use any particular program or product will not affect your eligibility for others or your status as a Participating Nonprofit.
eBay Direct Selling

5.a If you register an eBay ID with your PayPal Giving Fund account, we will provide information to eBay indicating that the proceeds from charitable listings using that eBay ID are intended to benefit you.

5.b You acknowledge that when selling Listings on your own behalf (as a Direct Seller), such sales are transactions between you and the relevant buyers(s) and you remain solely responsible for delivery of items and collections of amounts owed to you by buyers.

5.c PLEASE NOTE CAREFULLY: if you submit a Listing to eBay through an eBay seller ID that is not registered as a Direct Seller for the relevant Participating Charity, we shall treat the Listing as though it was listed by an ordinary Community Seller. As such, all policies applicable to Community Sellers will be applicable to such Listings. Whenever you submit a Listing, you should be certain that your eBay Seller ID is added to your Charity Profile as a Direct Seller and your organization is identified as the Charitable Beneficiary.
License and Access to PayPal Giving Fund Website

6.a While you are a Participating Nonprofit, you may access the "Nonprofit Area" and other parts of the PayPal Giving Fund Website for the purposes contemplated by this Agreement. During the term of this Agreement and subject to the terms and conditions herein, we grant you a non-exclusive, non-transferable, non-sublicenseable license to download, install and display the software, scripts and other content (e.g., graphics) that we have specifically identified as available for download.

6.b Certain limitations and restrictions apply to the licenses and rights granted to you in this Agreement. You understand and agree that these licenses and rights may be exercised only by your employees and agents (including volunteers) acting on your behalf, that you are responsible for their conduct in using the PayPal Giving Fund Website, and that these licenses and rights may not be assigned to any other person or entity or used on another's behalf.

6.c You acknowledge that we own the PayPal Giving Fund Website (including the Nonprofit Area) and all associated intellectual property rights. All rights that are not expressly granted to you by this Agreement are expressly reserved by us.

6.d You understand that this Agreement does not grant a license or any other right to access or to use the eBay.com or PayPal. Your use of eBay or PayPal remains subject to the terms and conditions of any agreement between you and eBay, and/or between you and PayPal, as applicable.
Donation Deductions and Fees

7.a We do not charge you a fee for becoming a Participating Nonprofit or for using the Nonprofit Area or any of our PayPal Giving Fund services. In some cases, our ecommerce partners may choose to charge fees on donations made through their platforms, and they will disclose such fees to you.
Taxes

8.a Notwithstanding your status as a Tax-Deductible Organization, you will be responsible for all sales, use, value added or other similar taxes, duties, levies, charges or assessments applicable or payable in connection with donations made to your organization pursuant to this Agreement.
Warranties and Disclaimers
9.a You represent and warrant to us that:

(i) you are, and at all times during the term of this Agreement will remain, a Tax-Deductible Organization with Private Foundation or Public Nonprofit status described in sections 501(c)(3) and 509(a) of the Code; (ii) you will utilize donations received from PayPal Giving Fund in a manner that is consistent with such status; (iii) you will at all times use our Website, eBay, and PayPal in compliance with all applicable laws, rules and regulations, including any requirements governing solicitation of charitable donations; (iv) all information provided by you in your Nonprofit Profile is true and accurate at all times; (v) you have the right to provide all information provided by you in your Nonprofit Profile or otherwise, the right to authorize us to use this information as contemplated herein, and the right to enter into this Agreement on behalf of your organization; (vi) you have the right to grant the licenses to PayPal Giving Fund hereunder; and our use, as contemplated by this Agreement, of materials or rights licensed hereunder, will not infringe the intellectual property rights or similar rights of any third party; (vii) you will not disparage PayPal Giving Fund, PayPal Charitable Giving Fund, eBay, PayPal, any other Participating Nonprofit or any partner or sponsor of PayPal Giving Fund identified within the PayPal Giving Fund Website; and (viii) you will at all times comply with the terms and conditions of this Agreement and any terms of use or other agreements you may have with eBay and/or PayPal.

9.d IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED $10. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. IF YOU HAVE AUTHORIZED ANY THIRD PARTY TO ENTER THIS AGREEMENT ON YOUR BEHALF (e.g., AN ASSOCIATION OF NONPROFIT ORGANIZATIONS OR AGENT), OR TO PERFORM ON YOUR BEHALF (e.g., TO RECEIVE AND PROCESS ANY DONATIONS MADE TO YOU), YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR THE ACTS AND OMISSIONS OF THAT THIRD PARTY, AND WE HAVE NO RESPONSIBILITY UNDER THIS AGREEMENT OR ANY LIABILITY TO YOU ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH THAT THIRD PARTY'S ACTS OR OMISSIONS. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH FORM AN ESSENTIAL BASIS OF THE ARRANGEMENT BETWEEN YOU AND US, AND ABSENT THE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY SET FORTH ABOVE, THE TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

Term and Termination

10.a This Agreement becomes effective when you have accepted our Terms by following the instructions on the PayPal Giving Fund Website. Once in effect, this Agreement will continue until terminated by either of us.

10.b You may terminate this Agreement (and cancel your status as a Participating Nonprofit) at any time and for any reason by providing 7 days advance written notice to us.

10.c If you breach this Agreement at any time, you will not be considered to be in good standing. We may suspend your access to the PayPal Giving Fund Website and/or the Nonprofit Area if we determine in our sole discretion that we will permit you to remedy a breach. We may terminate this Agreement at any time and for any reason by providing notice to you in accordance with this Agreement.

10.d After termination of this Agreement, we will exercise reasonable efforts to promptly remove your Name, Mission Statement and Logo from the PayPal Giving Fund Website. Upon such removal, the licenses you have granted to us in such materials will expire.

10.e You understand that we have no obligation to make any donations to you (even those where you have been selected by a Donor), or otherwise to provide any services or perform other obligations under this Agreement, after the termination of this Agreement for any reason.

10.f Any obligations you have incurred before termination will survive as obligations even after termination.

10.g The obligations of Sections 3.b, 4.e, 4.f, 4.g, 6.b, 6.c, 6.d, 7.b, 7.c, 8.a, 9, 10.d, this 10.g and 11 will survive the termination of this License Agreement.
Miscellaneous Terms and Conditions

11.a This Agreement, together with any other documents incorporated herein by reference (including, without limitation, the Privacy Policy, Donation Delivery Policy, and Nonprofit Certification Policy), constitutes the entire Agreement between us and supersedes all previous negotiation, understandings and agreements between us in relation to its subject matter.

11.b You acknowledge that nothing in this Agreement creates a partnership, joint venture, or employer-employee relationship, and neither party is acting as an agent of the other party. For purposes of clarity, neither party has any authority to make any commitments on behalf of the other party or to purport to bind the other party in any manner or to any extent.

11.c We may give notice pursuant to this Agreement by any means of contact in your Nonprofit Profile and notice will be effective when sent. If you fail to provide valid and current contact information as required, you waive your right to receive notices under this Agreement during the period of such failure. Notices may also be given by posting information within the PayPal Giving Fund Website and, except as required by the following Section 11.d, will be deemed effective when posted. Notices from you to us must be given by email or other means provided within the PayPal Giving Fund Website and will be deemed given when actually received by us.

11.d We may amend this Agreement at any time by posting amended terms on the PayPal Giving Fund Website. We will send a message to the email address in your Nonprofit Profile alerting you. Except as otherwise expressly stated in such a posting, all amended terms shall automatically be effective and legally binding upon you 14 days after having been posted on the PayPal Giving Fund Website. Your continuation as a Participating Nonprofit, and/or your continued access to or use of the PayPal Giving Fund Website after such 14 day period will constitute your complete consent and acceptance to all such amended terms. If you do not accept the amended terms you may terminate this Agreement as set forth in Section 9 of this Agreement. Apart from such posting by us, this Agreement may not otherwise be amended except in a written document (i) that expressly references this Agreement and/or any affected amended terms as posted by us and (ii) that is executed by both you and us.

11.e Should any provision of this Agreement be held by a court or other tribunal of competent jurisdiction to be void, illegal, invalid, inoperative, or unenforceable, the remaining provisions of this Agreement shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.

11.f You may not assign this Agreement without our prior written consent; any attempted assignment in violation of the foregoing will be null and void. We may assign this Agreement to any third party without your consent. All the terms and provisions of this Agreement shall be binding upon, shall inure to the benefit of, and shall be enforceable by the respective successors and permitted assigns of you and us.

11.g Our failure to partially or fully exercise any right will not be considered a waiver of that right unless we so state in writing to you. The waiver of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. Any remedies made available to us by the terms of this Agreement are cumulative and are without prejudice to any other remedies that may be available to us in law or equity.

11.h Any dispute between you and PayPal Giving Fund which cannot be resolved by negotiation shall be submitted to mediation, and if mediation fails, arbitration, under the rules of the American Arbitration Association, or any comparable entity that you and we may subsequently agree upon in writing. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, you acknowledge that unauthorized use of our proprietary materials, information or technology may cause irreparable harm to PayPal Giving Fund for which monetary damages would be an inadequate remedy. Accordingly, we have the right, without necessity of posting bond, to seek injunctive or other equitable relief from any court of competent jurisdiction to protect our rights in intellectual property or confidential information.

11.i This Agreement shall be governed and interpreted in accordance with the laws of California without regard to its principles of conflict of laws. Venue for mediation, arbitration, or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, shall be proper only within a mediation or arbitration process or in a tribunal of competent jurisdiction within California.
Definitions "Agreement” means this agreement (including all subsequent amendments) and all incorporated documents and policies.

"Code” means the Internal Revenue Code of 1986, as amended.

"Community Selling” is a program whereby an eBay User who is selling an item on the eBay.com website donates a portion of the final sale price from his or listing to a Participating Nonprofit.

“Direct Seller” means a Participating Charity, or any of its employees or authorized agents, that registers with us so as to sell Listings through eBay Giving Works in support of its own organization. "Donors” means eBay Users, PayPal Users, and/or users of other websites and services who makes a donation to us for distribution to any Participating Nonprofit.

"eBay Users” means any person or entity using the eBay.com website, including you if applicable.

"Logo” means your organization’s trademark, servicemark or other graphic representation by which your organization identifies itself.

"Mission Statement” means a written description of your organization’s charitable purpose and/or activities.

"Name” means your organization’s current legal name.

"Nonprofit Area” means the non-public portion of the PayPal Giving Fund Website that is restricted by username and password authentication.

"Nonprofit Profile” means the online profile on the PayPal Giving Fund Website that is described in Section 2.b.

"Participating Nonprofit” means a nonprofit organization that meets the requirements of Section 2.a of this Agreement, has completed a Nonprofit Profile pursuant to Section 2.b of this Agreement, has been approved by us, and has not breached this Agreement.

"PayPal Giving Fund Website” means any website owned and/or operated by PayPal Giving Fund, including www.paypalgivingfund.org and its subdomains.

"PayPal Users” means any person or entity using the services or websites operated by PayPal, Inc. and its affiliates.

"Privacy Policy” means our privacy policy, as updated from time to time, as found on the PayPal Giving Fund Website.

"Proof of Status” means written or electronic proof of your status as a Tax-Deductible Organization and Public Nonprofit.

"Public Nonprofit means a Tax-Deductible Organization that meets the requirements to be treated as a public nonprofit as described in Section 509(a) of the Code.

"Tax-Deductible Organization” means a nonprofit that is eligible to receive tax-deductible charitable contributions under Section 170 of the Code.

"We” and/or "Us” means PayPal Giving Fund.

End of Terms and Conditions

PayPal Giving Fund Donation Delivery Policy, effective 4-12-2016 through 5-10-2018

Donations Made to PayPal Giving Fund

All donations made through PayPal Giving Fund programs are made to PayPal Giving Fund, an IRS-registered 501(c)(3) public charity (Federal Tax ID: 45-0931286), as the charity of record. Donors will receive a date-stamped receipt of donation from PayPal Giving Fund marking the date the donation was made to PayPal Giving Fund. All grants made by PayPal Giving Fund are effected in a manner that is consistent with our policies and applicable laws and regulations.

The PayPal Giving Fund enrollment status of a charity will determine the method and speed at which we grant funds to that charity. As described below, PayPal Giving Fund pursues multiple specified steps to grant donations it receives to its donors’ recommended charities. Pending distribution of grants, PayPal Giving Fund holds all donations in a secure, non-interest bearing bank account.

Enrolled Charities

PayPal Giving Fund grants donated funds to charities enrolled with PayPal Giving Fund (“Participating Nonprofits” pursuant to the PayPal Giving Fund Nonprofit User Agreement) on a monthly basis on or around the 25th day of each month, typically 15 to 45 days after PayPal Giving Fund’s receipt of funds. This schedule enables us to streamline processing and aggregate funds to provide a lump sum payment to the charity, making it simpler for the charity to identify our payments and account for the funds we have raised. We distribute grants to enrolled charities via PayPal as we have determined this to be a fast, efficient, secure, and cost-effective way to do so. Donors can be confident their donations will reach their chosen charities securely, and the charities receive the payments into their PayPal accounts quickly and free of charge. Enrolled charities can also review the donations granted to them by PayPal Giving Fund, including donor details (except when donors choose to give anonymously), on their PayPal Giving Fund dashboard, accessible via their PayPal account.

Unenrolled Charities

Through certain partner programs, donors may have the option to recommend that we grant the funds they donate to charities that have not yet enrolled with PayPal Giving Fund. PayPal Giving Fund attempts to grant donations made to benefit charities that have not enrolled with PayPal Giving Fund after making reasonable attempts to contact them and invite their enrollment in PayPal Giving Fund. We receive information about these charities from our partnership with GuideStar. We will grant funds to an unenrolled charity provided that (1) we have been able to confirm that the charity complies with the requirements of our Nonprofit Certification Policy, and (2) we have verified the charity’s identity and conducted an appropriate level of due diligence into the charity, its officers and directors to confirm that it does not promote hate, violence, racial intolerance, and does not engage in money laundering or other illegal activities.

We will first notify an unenrolled charity about PayPal Giving Fund’s intent to grant it funds the month after donors have first indicated a desire to support it, and we will invite the charity to enroll with PayPal Giving Fund, enabling it to receive funds quickly and securely, and to review details of its donors. We will make multiple subsequent attempts to contact unenrolled charities, via email, letter and, in some cases, by phone. If a charity does not enroll with PayPal Giving Fund, we endeavor to deliver the grant funds by other appropriate means, including via check. If a charity does not enroll and we are unable to pay the charity by check (e.g., a check is returned or is not cashed within the time period specified on the check), we may, at our discretion, remove the charity from our directory of eligible charities and reassign funds in the manner described below.

Reassignment of Certain Donations
While we take multiple steps to attempt to grant donated funds according to the donor's identified preference, PayPal Giving Fund retains exclusive control over all donations. If a charity fails to meet the terms of our Nonprofit Certification Policy and/or fails to meet PayPal Giving Fund’s due diligence standards as described above for receipt of a donation at any time, we reserve the right to reassign funds to another charitable organization of our choice. We may also reassign donations in the event we are unable to distribute the funds successfully (e.g., the charity fails to cash the check(s) we send).

The tax-deductible status of a donation does not change if funds are reassigned because PayPal Giving Fund is the charitable organization of record for the donor’s original donation.

When reassigning funds, PayPal Giving Fund will try to select charities that operate in a similar cause area (and sometimes a similar location) to the charity originally identified by the donor. In doing so, we favor charities that have enrolled with PayPal Giving Fund, to enable efficient, secure and cost-effective delivery to charities that have accepted the PayPal Giving Fund Nonprofit User Agreement. For example, if we are unable to enroll, or deliver a check to, an unenrolled local organization providing housing services, we may reassign the funds to a PayPal Giving Fund enrolled national organization, or to a nearby local organization that also provides housing services.

PayPal Giving Fund Nonprofit Certification Policy, effective 5-10-2018 through 3-4-2019

About Our Directory

We believe that a wide array of charity choices is central to increasing overall charitable giving. As such, we provide donors with a large directory of charities to which PayPal Giving Fund may grant funds. All donations are made to PayPal Giving Fund, an IRS-registered 501(c)(3) public charity (Federal Tax ID: 45-0931286).

The PayPal Giving Fund directory includes Participating Nonprofits (hereinafter "enrolled charities") that have opened a PayPal business account, become a PayPal Confirmed Charity, agreed to the PayPal Giving Fund Nonprofit User Agreement.

On certain partner programs, the directory may also include unenrolled charities that have not agreed to the PayPal Giving Fund Nonprofit User Agreement terms. We receive information about the unenrolled charities through our partnership with GuideStar, a 501(c)(3) public charity that collects, organizes, and presents information about nonprofits in an easy-to-understand, neutral format. Some charities opt out of GuideStar sharing their information with third parties, and we do not receive information about these organizations from GuideStar.

Inclusion within the PayPal Giving Fund directory requires:

Verification of the tax-exempt status of the charity in the United States, and confirmation of good standing with the IRS.
Confirmation that the charity has not been identified by the United States, European Union, United Nations, or other relevant authority as being subject to sanctions.
Verification by PayPal that a charity has not previously breached PayPal's Acceptable Use Policy.

Removal of a Charity from our Directory

As a public charity itself, PayPal Giving Fund retains ultimate discretion over all donations it receives and reserves the right to conduct additional vetting of charities in our directory on an ongoing basis. For example, PayPal Giving Fund may investigate suspicious activity, and may remove any charity from its directory based on the outcome of such investigation. PayPal Giving Fund may remove any charity from its directory if it determines that the charity promotes violence, hate, or racial intolerance, or is engaged in money laundering or other illegal activities. PayPal Giving Fund also confirms through regular checks of GuideStar data that the above inclusion standards continue to be met, and PayPal Giving Fund removes charities that appear on OFAC lists or lose their charitable status from its directory.

As PayPal Giving Fund’s payments processor, PayPal may request that PayPal Giving Fund remove any charity from its directory for breach of PayPal’s Acceptable Use Policy or other relevant policy or regulatory obligation. In addition, from time to time, PayPal Giving Fund may enter into agreements with merchant partners to enable customer giving programs through their own websites. Such partners may choose to remove charities from their websites and programs at any time. Finally, a charity may request to be removed from PayPal Giving Fund’s directory and merchant partner websites and programs at any time by contacting PayPal Giving Fund.

Delivery of Donations to Charities within our Directory

We take multiple steps to grant funds to charities recommended by our donors. However, the listing of a charity in our directory is not a guarantee that it will ultimately receive funds from PayPal Giving Fund’s fundraising programs. In the rare event that we are ultimately unable to grant funds to a charity recommended by a donor because they are no longer tax exempt or for some other reason, we will seek an alternative charity from the donor and reassign those funds to the alternative charity designated by the donor pursuant to the Donation Delivery Policy. The tax-deductible status of the original donation does not change because PayPal Giving Fund is the charitable organization of record for the original donation.

How Funds are Used by Charities

PayPal Giving Fund makes unrestricted grants and does not verify how a charity uses funds it receives from PayPal Giving Fund, and assumes no responsibility with respect to the use of funds. Donors may obtain information about the charities’ programs and use of funds by consulting their profiles as presented in the customer giving programs we enable and/or the charity’s website.

PayPal Giving Fund Nonprofit Certification Policy, effective 4-12-2017 through 5-10-2018

Verification of the tax-exempt status of the charity in the United States, and confirmation of good standing with the IRS.
Confirmation that the charity has not been identified by the United States, European Union, United Nations, or other relevant authority as being subject to sanctions.

Delivery of Donations to Charities within our Directory

We take multiple steps to grant funds to charities recommended by our donors. However, the listing of a charity in our directory is not a guarantee that it will ultimately receive funds from PayPal Giving Fund’s fundraising programs. In the rare event that we are ultimately unable to grant funds to a charity recommended by a donor, we will reassign those funds to another charity pursuant to the Donation Delivery Policy. The tax-deductible status of the original donation does not change because PayPal Giving Fund is the charitable organization of record for the original donation. See the PayPal Giving Fund Donation Delivery Policy for more details.