Why not use a different tool that is... altogether more legal and thus, possibly a source of donation money?
Just wanted to point out that Temporal Flux along with the vast majority of game editors are entirely legal. But if you meant the ROM itself, only distributing the image is illegal. Under case law, software modification can be distributed legally, even commercially, provided it does not contain the original copyrighted material (and even that stipulation is questionable).
However, IANAL, and even if I were, you'd probably get the judge the ESA has in its pocket.