Event Sponsorship Terms and Conditions

ARTICLE 1
AGREEMENT

1.1          These terms and conditions of sponsorship (the “Terms and Conditions”) are entered into by Stichting Experts Live (“Experts Live”) and the sponsor (“Sponsor”), whose name is set forth on the above Sponsor Contract.

1.2           Together, the Sponsor Contract and these Terms and Conditions (collectively, the “Sponsorship Agreement”) shall govern the performance of the Sponsor (the “Sponsorship”), as described further in this Sponsorship Agreement.

1.3          Capitalized terms not otherwise defined in these Terms and Conditions shall have the meanings ascribed to them in the Sponsor Contract. Unless otherwise specifically noted, all references in these Terms and Conditions to paragraphs or sections will refer to the paragraphs and sections of these Terms and Conditions.

1.4          Experts Live reserves the right to accept or refuse any Sponsorship Agreement or proposed Sponsorship, in its sole discretion. Experts Live reserves the right to adopt additional rules and to modify these Terms and Conditions, as may be deemed necessary by Experts Live for the general success of the Event. Such modifications may include changes to the Terms and Conditions, clauses stated herein, to the Sponsorship Contract, and to all other written agreements, which may affect the parties hereto, all of which are made a part hereof as though fully incorporated herein and Sponsor agrees to be bound thereby.

ARTICLE 2
PAYMENT

2.1          To secure the Sponsorship full payment must be received within thirty (30) days after the signing of the Sponsor Contract. Without full payment, Experts Live will not guarantee nor reserve the Sponsorship for Sponsor.

ARTICLE 3
TERM

3.1          The term of the Sponsorship Agreement shall commence on the date hereof and shall continue in full force and effect until the conclusion of the Event. Sponsorships are non-transferable.

ARTICLE 4
COMPLIANCE

4.1          By participating in the Event Sponsor agrees to comply with all laws and regulations of the country in which the Event shall be held as well as any additional rules, including but not limited to the Code of Conduct available online at: XX, set by Experts Live.

ARTICLE 5
SPONSORSHIP APPROVAL

5.1          All Sponsorship activities and promotions are subject to approval by Experts Live. Experts Live reserves the right to restrict, prohibit, or remove any activity, material, or promotion by Sponsor which, in its opinion and at its sole discretion, becomes objectionable for any reason and may detract from the general character of the Event. Such activities and promotions may include, but are not limited to, persons, objects, conduct, printed materials and anything which Experts Live determines to be objectionable. In no event will Experts Live be liable for any expenses incurred as a result of such restriction, prohibition or removal.

ARTICLE 6
CANCELLATION POLICY & TERMINATION

6.1          All requests for cancellation of a Sponsorship must be submitted in writing. All paid and guaranteed Sponsorships cancelled in writing at hundred (100) days in advance of the Event will receive a fifty percent (50%) refund of the total Sponsorship fee. No refunds or credits will be issued on cancellation requests received less than hundred (100) days prior to the scheduled Event. Upon receipt of a notice of cancellation, Experts Live reserves the right to remove all references to Sponsor from any and all Event materials.

6.2          In the event that the Event does not occur, Experts Live will refund the Sponsorship fee amount to Sponsor within thirty (30) days of providing notification to Sponsor of termination of the Event.

6.3          Experts Live may terminate the Sponsorship Agreement at any time in the event of material breach of the Sponsorship Agreement, including but not limited to non-payment of fees, by Sponsor. In the event that Experts Live terminates the Sponsorship Agreement following a material breach, Sponsor shall receive no refund of the Sponsorship fee.

6.4          Experts Live may terminate the Sponsorship Agreement without cause upon written notice provided to Sponsor no less than ten (10) days prior to the Event. However, when terminated by Experts Live without cause, Experts Live shall refund one hundred percent (100%) of the total Sponsorship fee that Sponsor has paid as of the date of notice within thirty (30) days of providing such notice.

ARTICLE 7
COMPANY RECOGNITION

7.1          A Sponsorship shall exist under one (1) corporate brand name only. Sponsorship cannot be shared between two (2) or more legal entities.

ARTICLE 8
SPONSORSHIP MATERIALS

8.1          Experts Live retains complete control over the design of all materials produced to fulfill the Sponsorship. All materials used to advertise the Event shall remain the property of Experts Live. If the materials contain the Experts Live logo, the materials must also contain the following: (i) the date of the Event; and (ii) the name of the Event. Under no circumstance may Sponsor use the Experts Live logo for any other means than in connection with the sponsored Event.

8.2          Experts Live hereby grants Sponsor a limited, royalty free, fully paid-up, non-exclusive, non-transferable, terminable right and privilege to use the Experts Live logo for the sole purpose of marketing the Event as described in Article 8.1. No other right, property, license, permission or interest of any kind in or to the use of any intellectual property rights of Experts Live is or is intended to be given to, transferred to, or acquired by Sponsor. Sponsor agrees to comply with the trademark laws of the Netherlands. Sponsor agrees that its use of the Experts Live logo inures to the benefit of Experts Live and that Sponsor shall not acquire any rights as a result of

this limited license. Any use of Experts Live’s intellectual property that exceeds the limited license set forth above shall constitute a breach of the Sponsorship Agreement.

ARTICLE 9
COSTS & EXPENSES

9.1          All costs, fees, and expenses not directly covered as benefits of Sponsorship are the full responsibility of the Sponsor.

ARTICLE 10
FORCE MAJEURE

10.1        Force majeure includes any circumstance, independent of the will of parties, by which fulfillment of its obligations to the other party is fully or partly prevented, or by which the performance of its obligations cannot reasonably be expected of the affected party, regardless of whether or not this circumstance was foreseeable at the time of the conclusion of the Sponsorship Agreement.

10.2        Experts Live shall not be liable for any prevention or delay in performance resulting in whole or in part, directly or indirectly, from force majeure.

ARTICLE 11
INDEPENDENT CONTRACTOR

11.1        Nothing contained in the Sponsorship Agreement shall be construed to make any party the agent for the other parties for any purpose, and none of parties hereto shall have any right whatsoever to incur any liabilities or obligations on behalf or binding upon the other party. parties specifically agree that they shall have no power or authority to represent each other in any manner and that they will not at any time represent orally or in writing to any person or corporation or other business entity that they have any right, power or authority not expressly granted by the Sponsorship Agreement.

11.1        Each party shall be solely responsible for all debts and obligations incurred by it in performing its obligations under the Sponsorship Agreement, including, but not limited to, all obligations to and in respect of its employees, and each party agrees to indemnify the other to the extent a party is held to be liable for a debt or obligation of the other party under this paragraph.

11.2       Each party shall be solely responsible for all debts and obligations incurred by it in performing its obligations under the Sponsorship Agreement, including, but not limited to, all obligations to and in respect of its employees, and each party agrees to indemnify the other to the extent a party is held to be liable for a debt or obligation of the other party under this paragraph.

ARTICLE 12
INTELLECTUAL PROPERTY

12.1        Subject to the provisions of Article 6 relating to termination of the Sponsorship Agreement, all intellectual property rights, including, but not limited to, trademarks, brand names, logos and artwork displayed on any promotional materials hereunder, and all copyrights of promotional materials, shall be and remain the sole and exclusive property of Experts Live.

12.2        Sponsor shall not have the right to use in any way or reproduce for any purpose the intellectual property rights of Experts Live without the its prior explicit and written consent.

12.3        The use of Sponsor’s name and logo by Experts Lives pursuant to the Sponsorship does not convey its approval, endorsement, certification, or referral of any product or service provided by Sponsor.

ARTICLE 13
CONFIDENTIALITY

13.1        Parties are obliged, both for the duration of the Sponsorship Agreement as well as after its termination, to secrecy of all confidential information they have obtained from each other or from other sources in the context of the Sponsorship Agreement. Information is confidential, if it is communicated as such by the other party, if it arises from the nature of the information, or if its confidentiality may reasonable be deemed to be known to parties.

ARTICLE 14
EMPLOYEE EXPOSURE

14.1      Sponsor acknowledges that during the Event photo’s and videos will be made by or on behalf of Experts Live which may feature Sponsor’s employees and other representatives who are present at the Event on behalf of Sponsor. Sponsor will be responsible for informing its employees and other representatives regarding this as well as obtaining their permission under the relevant privacy laws of the country in which the Event will be held.

ARTICLE 15
LIABILITY

15.1        Parties will not be liable hereunder for any special, incidental, indirect or consequential damages which the other party may possibly incur arising out of or in relation to the Sponsorship Agreement. This limitation of liability shall not apply to the Sponsor’s indemnification obligations under Article 16 or either party’s breach of its obligation of confidentiality.

15.2        During the term of this Agreement, Sponsor is required to maintain general liability insurance for the acts and omissions of Sponsor.

ARTICLE 16
INDEMNIFICATION

16.1        Sponsor agrees to indemnify and hold Experts Live, the Event facility and its owners, officers, committees, directors, employees and agents harmless from any claims of third parties as a result of acts or negligence on the side of the Sponsor, its directors, shareholders, officers, agents or employees, including, but not limited to, damages, costs, losses, expenses, causes of action, liabilities and obligations of whatever nature or type.

ARTICLE 17
NOTICES

17.1        Any notice or communication required by the Sponsorship Agreement shall be in writing and shall be sent by registered mail prepaid and addressed to the address set forth below for Experts Live, and to the address set forth on the Sponsor Contract, as supplied by Sponsor.

To Experts Live:

Stichting Experts Live
Jens Munkstraat 25
1362 LE Almere
The Netherlands

ARTICLE 18
GOVERNING LAW

18.1        The Sponsorship Agreement shall be exclusively governed by and construed in accordance with the laws of the country of the Netherlands. Also, the applicability of the Vienna Sales Convention (CISG) is expressly excluded.

18.2        Any dispute that might occur between parties shall be submitted to the competent court in the district of Amsterdam.

ARTICLE 19
MISCELLANEOUS

19.1        The Sponsor Agreement constitutes a personal contract and parties shall not transfer or assign same or any part thereof without the advance written consent of the other parties.

19.2        The Sponsor Agreement constitutes the entire agreement between parties with respect to the subject matter thereof and supersedes any previous agreements, understandings or documents, notwithstanding the applicability of rights and obligations stemming from the Dutch Civil Code not specifically excluded in the Sponsor Agreement.

19.3        Any amendment or modification of the Sponsor Contract shall be in writing and shall be executed by duly authorized representatives in the same manner as the Sponsor Contract.

19.4       The provisions of the Sponsor Agreement are severable, and if any one or more such provisions are determined to be illegal or otherwise unenforceable, in whole or in part, under the laws of any jurisdiction, the remaining provisions or portions hereof shall, nevertheless, be binding on and enforceable by and between parties hereto.

19.5        Except as expressly set forth in the Sponsor Agreement, Experts Live makes no, and expressly disclaims any representations or warranties, express or implied, regarding the Event, Sponsorship of the Event and Sponsorship benefits and any other service provided by Experts Live hereunder. The provisions of this clause shall survive termination or expiration of the Sponsor Agreement.

19.6        No delay or omission by either party in exercising any right or remedy under the Sponsorship Agreement or existing at law or equity shall be considered a waiver of such right or remedy. No waiver by either party of any right or remedy whether under the Sponsorship Agreement or otherwise shall be effective unless in writing.

 

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