Policies/en/Commercial-Sales-and-Contracts
This is a draft version. Source: adapted notably from the Wikimedia Foundation Governance Wiki, https://foundation.wikimedia.org/wiki/Policy:Wikimedia_Foundation_Commercial_Sales_and_Contracts_Policy (CC BY-SA 4.0), with changes. Status: proposal, to be adopted. See the detailed disclaimer.
In simple words: the foundation that hosts the platform is a non-profit. It could still earn some money through commercial sales and contracts (for example services or merchandise), but with clear limits: never more than 30 percent of its total yearly revenue, with oversight by its governance bodies, and with public reporting. Important: this page is about the revenue of the hosting foundation itself, not about the contracts that users conclude with each other on the marketplace.
Commercial sales and contracts
Scope note: this policy concerns the commercial revenue of the hosting foundation itself. It does not govern the contracts that users conclude with each other through the WikiDeal Markets and Portals (collectively, "the Platform"): those are user-to-user agreements, governed by their own terms and by the Terms of Use proposal.
Purpose
Revenue from commercial sales and contracts could help to diversify the financial support and financial sustainability of the Ynternet.org Foundation in its role as host and incubator of WikiDeal. However, as a non-profit organization, it is important to have limits on revenue from commercial sales and contracts.
Through this policy, the basic guidelines governing revenue obtained through commercial sales and contracts would be defined, to further the mission of the Platform.
Policy
Overall
This policy defines the guidelines and guardrails for the commercial sales and contracts of the Foundation related to WikiDeal, as well as those of any legal affiliates it would own or control. Such commercial sales and contracts could include, for example, services around the Platform or merchandise sales. No specific commercial program has been decided at this stage.
The Foundation, as a non-profit foundation under Swiss law, would limit commercial sales and contracts to remain consistent with its non-profit purpose. To that end, revenue from commercial sales and contracts related to WikiDeal would be limited to no more than 30% of the total revenue via all sources in a fiscal year. The Foundation and its affiliates would not seek commercial sales and contracts beyond that 30% limit.
Revenue from commercial sales and contracts would be allocated to the general fund supporting the mission.
Commercial sales and contracts requiring governance review
The governance bodies of the Foundation would be provided with notice and the opportunity to review agreements prior to signature with revenue from commercial sales and contracts on an exception basis, including those which have circumstances that should be reviewed, such as a large contract amount, non-standard contract terms, reputational risk, financial exposure, or compliance issues.
In most cases, the reviewing body would be given 7 business days to review or give feedback.
Naming
The preference would be to publicly acknowledge revenue sources, but customers may choose to remain anonymous, consistent with privacy principles allowing anonymous donations and anonymous reuse of the published content of the Platform.
Reporting
Revenue from commercial sales and contracts would be reported within the annual audit report. Projections related to commercial sales and contracts for the coming year would be presented to the proposed Audit Committee (see the policies index) as part of its review of the upcoming year's budget. Revenue and expenses specifically related to any significant commercial program would be published publicly at least annually.
Review and updates
This policy would be reviewed every three years, in consultation with the proposed Audit Committee, or more frequently as needed, to consider any necessary recommendations for improvements.