10:1 Terms and Conditions

SPECIAL TERMS AND CONDITIONS FOR 10:1 RETURN ON INVESTMENT (ROI) GUARANTEE OFFER

Last Updated: May 19, 2023

● Your organization must be a qualified organization to be eligible for our 10:1 Return on Investment (ROI) guarantee offer. A qualified organization is an  organization which has not previously been a MarketSmart customer, spends at least $1 million per year on fundraising expenses (as shown on your IRS Form 990 and/or as proven through other documentation to MarketSmart’s reasonable satisfaction), and does not espouse political, philosophical or other viewpoints that are deemed offensive, discriminatory, divisive or harmful by MarketSmart in its sole discretion.

● To take advantage of our guarantee offer, your organization must sign a binding subscription agreement with MarketSmart for the MarketSmart engagement platform and related services with a one-year, non-cancellable contract commitment of at least $15,000. In addition, during the first year of the contract, your organization must use MarketSmart’s platform to successfully deliver an email invitation to MarketSmart’s engagement survey to at least the Minimum Address Number of viable donor email addresses. Additional terms and conditions apply.

The “Minimum Address Number” shall be as follows:

• 10,000, if the open rate for the email invitation to the MarketSmart survey is 30.0% or higher.
• 20,000, if the open rate for the email invitation to the MarketSmart survey is at least 25.0% but lower than 30.0%.
• 25,000, if the open rate for the email invitation to the MarketSmart survey is at least 20.0% but lower than 25.0%.
• 30,000, if the open rate for the email invitation to the MarketSmart survey is less than 20.0%.

MarketSmart’s measurement and reporting system will be determinative in establishing the open rates (as referenced above).

● The guarantee offer applies to your initial subscription term only and does not apply to renewals or purchases of additional products or services.

● MarketSmart will determine whether or not your organization has achieved a 10:1 return on its investment in MarketSmart’s engagement platform and services by adding both (1) the bequests and bequest intentions disclosed by donors in MarketSmart’s donor survey (including any bequests that donors affirmatively indicate they have made or will make and re-confirmations of bequests that your organization might have already known about) multiplied by your organization’s average provable bequest amount, and (2) gift revenues realized. All calculations are made by MarketSmart.

● To enable MarketSmart to make this calculation and thus to receive the benefits of our guarantee offer, your organization must (1) provide us with an accurate, provable average bequest amount to be multiplied by the number of bequests and bequest intentions disclosed by donors in MarketSmart’s donor survey, and (2) provide us with accurate monthly reporting so that we can verify gift revenue resulting from the use of our platform and services. Failure to comply with either (1) or (2) will void the guarantee. Additionally, any extension or renewal of Client’s subscription for the Platform past the first year will void the guarantee.

● If MarketSmart verifies that your organization has failed to achieve a 10:1 return on investment from MarketSmart’s platform and services based on the calculation above, it will refund your money within thirty (30) days after receiving your request. All refunds are limited to fees paid for the initial subscription term. All refund requests must be submitted within thirty (30) days after the end of the initial subscription term, or any refund is waived.

● MarketSmart in its sole discretion, and without prior notice, may revoke or modify the terms of this guarantee offer at any time prior to your organization’s and MarketSmart’s mutual signing of MarketSmart’s subscription agreement. Changes to this guarantee offer and any notice of revocation will be posted on this webpage, so please check this page regularly and look at the “Last Updated” date above in case the terms have changed.

● This guarantee offer is void where prohibited by law.

For more information, please contact us at info@imarketsmart.com.