Last Modified: May 19, 2025 

This California Charitable Fundraising Platform Disclosure Agreement (“Disclosure Agreement”) forms a part of the Master Solution Agreement (the “Agreement”) entered into by and between OmegaFi Financial, LLC, d/b/a OmegaFi, a Delaware limited liability company (“OmegaFi”) and Customer. Any capitalized terms used in this Disclosure Agreement but not defined shall have the respective meanings given to them in the Agreement. The Parties enter into this Disclosure Agreement to comply with the Act (as defined below). Under the Act, the State of California requires OmegaFi to provide certain disclosures to, and obtain certain donation information from, the Customer, as further set forth below.

 

  1. California Regulation. Pursuant to Title 2, Division 3, Part 2, Chapter 6, Article 7 of the California Government Code (the Supervision of Trustees and Fundraisers Charitable Purposes Act (the “Act”)), OmegaFi is deemed to be a “Charitable Fundraising Platform” under the Act because (a) OmegaFi’s software platform (the “Platform”) offers a function that permits Customer to solicit and accept charitable donations from California residents (“Donations”), and (b) Customer is a non-profit (or has a foundation that is a non-profit) that utilizes this function to solicit and accept such Donations. As a result, OmegaFi has certain obligations set forth in this Disclosure Agreement that are legally required by the Act.

 

  1. Consent to Use Name on Platform. Pursuant to the Act, the Customer hereby gives OmegaFi express consent to identify Customer’s and its Affiliates’ names on the Platform with respect to any solicitation for Donations which Customer or such Affiliate facilitates through the use of the Platform.

 

  1. Disclosure Requirements. Pursuant to the Act, OmegaFi discloses the following information:

 

           a. The total amount of fees charged by OmegaFi for each Donation shall be as set forth in the Agreement (including any documents or agreements incorporated therein);

 

          b. The time period for sending the Donations to the Customer shall be as set forth by Customer’s payment processor, but typically is between two and five days. Customer should confirm with its payment processor the exact timing;

 

          c. Customer has the right to review and approve information on the Platform with respect to the Customer’s solicitation; and

 

          d. Customer is allowed to acknowledge persons who make Donations if the donors choose to share their information with Customer.

 

Additionally, Customer must provide a conspicuous disclosure to donors about the instances in which it will be deemed ineligible to receive funds as a result of not being in good standing as set forth in Section 4(b) below.

 

  1. Obligation to Remain in Good Standing.

 

       a. Customer shall maintain good standing with the applicable state and federal reporting agencies, including the IRS and, if Customer solicits donations from California residents, the California Attorney General and the California Franchise Tax Board.

 

       b. If Customer is not in good standing, OmegaFi cannot legally permit donations to be made to Customer through the Platform. Accordingly, if the Customer is not in good standing with the IRS, the California Attorney General, and the California Franchise Tax Board, OmegaFi will disable the donation feature on the Platform, or if it is unable to disable such feature, will prohibit Customer from processing any transactions through its payment processor, until Customer regains its good-standing status.

 

  1. Cooperation. The Customer shall cooperate with OmegaFi to provide any information reasonably required by OmegaFi to ensure its compliance with the Act with respect to Donations received through the Platform.

 

  1. Privacy. All information submitted to the California Attorney General pursuant to the Act shall be subject to the Privacy Notice found here: https://oag.ca.gov/system/files/media/Privacy.pdf