SPONSORSHIP TERMS AND CONDITIONS
Licenses
Subject to the terms and conditions of this Agreement, Sponsor grants to Organizer the right to use Sponsor's trademarks, trade names, and logo designs and company descriptions as prepared and delivered to Organizer by Sponsor, in any medium of advertising, marketing materials and/or promotional goods distributed solely in conjunction with the Event and in accordance with Sponsor's trademark usage guidelines. Sponsor may use the Event name before and during the Event solely to promote its participation and solely in compliance with such guidelines as are provided by Organizer from time to time.
Consent
The Sponsor acknowledges that representatives participating in the Event may be photographed, and that proceedings of the Event may be recorded. The Sponsor authorizes Organizer to display, distribute, redistribute, record, transcribe, modify, reproduce, publicly perform and transmit in any form (and for any purpose) any such photograph or recording of the Event, and agrees to execute any release presented by Organizer in connection with such activity or to give effect to this provision.
Legal Compliance
Sponsors and Organizer must comply with all applicable laws, regulations and ordinances in connection with its participation in the Event, including but not limited to rules of the Event Facility. Sponsor and Organizer may not violate any proprietary rights of third parties in connection with its participation in the Event, including but not limited to the performance, distribution or posting of copyrighted or trademarked material without a license, assignment or other legally effective permission.
Termination of Sponsorship Agreement
Sponsors may terminate the Sponsorship Agreement and receive a refund of the sponsorship payments only in the case of material breach of the Agreement by Organizer prior to occurrence of the Event, which breach is not cured within 30 days following written notice of the breach. Organizer may terminate a Sponsorship Agreement only in the case of material breach of the Sponsorship Agreement by the Sponsor, which is not cured within 30 days following written notice of the breach.
Limitation of Liability
Neither Organizer nor a Sponsor will be liable in any manner for failure or delay of fulfillment of all or part of such party’s obligations under a Sponsorship Agreement owing to any causes or circumstances beyond its reasonable control, including, without limitation, acts of God, government orders, war, acts of terrorism, strikes, lockouts, fires and floods (each a “Force Majeure Event”). If the Event is cancelled because of a Force Majeure Event, Organizer will refund to a Sponsor the sponsorship payments previously remitted to Organizer to the extent that Organizer has not expended such payments in connection with the planning of the Event or is able to recover such payments from the Facility and other vendors. UNDER NO CIRCUMSTANCES WILL ORGANIZER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST INCOME OR PROFITS.
No Warranty
Organizer makes no representations or warranties of any kind, express or implied, regarding the Event, the number of persons who will attend the Event, or the benefits that will accrue to a Sponsor from its sponsorship. Details of the Event are subject to change, and a Sponsor will be notified in advance of any change directly affecting the Sponsor.
General Release and Indemnification
As a condition of its participation in the Event, each Party releases, and agrees to indemnify and hold harmless, the other Party and its officers, directors, members and agents, including its event management firm from any and all loss, damage, claim or expense (including reasonable attorneys’ fees) that arise out of or relate to each Party’s participation in the Event, other than claims relating to material breach by the other Party of its obligations under the Sponsorship Agreement.
Governing Law and Jurisdiction
Sponsorship Agreements will be governed by, construed and enforced in accordance with the internal laws of the State of Texas, without regard to conflict of law provisions. All claims or disputes arising from or in connection with a Sponsorship Agreement, or as a result of the relationship created by it, will be adjudicated only by the state or federal courts sitting in Dallas, Texas.
Suitcasing and Outboarding
If you’re not familiar, Suitcasing is when a company registers as an attendee instead of a partner, and then proceeds to hand out flyers, distribute printed material, etc other than business cards – vying for partner presence without actually paying to be a partner. Suitcasing thus steals revenue from the conference organizer, diminishes the value of official partner, and is deceitful and confusing for attendees.
Outboarding is when a company that should or could have partnered an event chooses instead to host their own competing event, without the consent of the event organizer. This costs event organizers revenue from the potential partner, steals attention away from the official event and the official partners associated with it. Outboarders often use the official event branding in association with their competing event, confusing attendees and deceiving them into thinking that they are supporting the official event, when in reality they are not.
Please note that at least one evening will be set aside as “Open Night.” There will be no official conference agenda items, so you’ll be free to book your open invitation events on that evening.
All instances of either Suitcasing and/or Outboarding without prior consent at Podcast Movement will result in name badges being rescinded to protect our official partners and officially organized schedule of events.
