Sponsor Agreement

Sponsorship Agreement for Build IT Events  

  

© IT BY DESIGN, INC. JUNE 2020  

BUILD IT  

  

INCORPORATION:  

 

This is an Agreement between IT By Design © Inc.  

(“ITBD”), as organizer of the IT By Design ©  

BUILD IT Conference and the undersigned sponsor (“Sponsor”) for one or more of the sponsorship opportunities selected herein (collectively referred to as “Sponsorship”). By signing the quote, Sponsor is bound by the terms and conditions set forth herein. In the event Sponsor fails to comply with any term listed within this agreement, ITBD may cancel this Agreement for breach and Sponsor shall forfeit all rights under this Agreement and the right to participate in Sponsorship. Sponsor’s participation in BUILD IT is subject to ITBD’s sole approval. ITBD may cancel this Agreement and Sponsor’s participation by refunding all Fees paid if ITBD determines, in its sole discretion, that Sponsor or its products detract from the intent and purpose of the Event. ITBD makes no warranties regarding the number or background of Event attendees, participants or recipients. Event dates, hours and venue are subject to change.  

  

  

EMPLOYEE PARTICIPATION  

 

All Sponsor attendees must be employees or contractors of the Sponsor and all promotions and offerings at the Event are limited to products and services offered by Sponsor. Sponsor cannot represent other companies or 3rd party products and services at the Event without the express written consent of ITBD.   

 

ADVERTISING  

 

Sponsor must obtain ITBD’s prior written approval for (i) all publicity releases and other advertising referencing ITBD, (ii) any promotional materials, signs and banners used in connection with or at the Event, and (iii) its use of any logo, name, trademark, service mark, trade name or other commercial or product designation of ITBD, Build IT, or Build IT University which must also adhere to ITBD’s standards, restrictions and guidelines.  

   

SPONSOR MATERIALS & ADVERTISING  

 

Sponsor is responsible for providing ITBD with all camera-ready art, ad copy and company logos for use in connection with Sponsor’s Sponsorship and Event participation. Sponsor grants ITBD a worldwide, non-exclusive right and license to copy, use, and distribute Sponsor’s trademark, logo and copyrighted materials for ITBD’s or its agents’ purpose in promoting and organizing the Event. Sponsor represents and warrants that it will 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 material without a license, assignment, or other legally effective permission. Sponsor acknowledges that ITBD or its authorized representatives may conduct interviews, take photos and video, and may stream various aspects and activities of the Event. Sponsor hereby authorizes ITBD and its designees to take and use such statements, photos and videos in connection with the Event and may publish, copyright, distribute, perform, transmit, print, display, and otherwise use, in whole or in part, such materials worldwide in any media, for any or all commercial purposes whatsoever in regard to the Event or ITBD. Sponsor agrees to execute any additional release requested by ITBD, its licensees, or designees in connection with such activity or use of such materials.  

  

  

EVENT ATTENDEE L I ST  

  

In the event ITBD has permission to and decides, in its sole discretion, to provide certain Sponsors an attendee list from Build IT, Sponsor represents and agrees that it will use the list (i) for Sponsor’s own business purposes, and will not sell, rent, transfer or otherwise disclose the list, in whole or in part, to any other party, but for activities conducted by a third-party on Sponsor’s behalf; and (ii) in full compliance with all applicable laws, rules and regulations. Any failure by Sponsor to comply with the terms of this section will be deemed a material breach of this Agreement and may result in Sponsor’s ineligibility to participate in future ITBD related events and activities.  

  

L IVE EVENTS: SHIPPING  

  

For all LIVE events, shipping and handling arrangements must be made as directed in the Sponsor Exhibitor Kit provided by ITBD. ITBD is not responsible for shipping and/or receiving of exhibit materials. To the extent that ITBD incurs additional shipping and/or receiving expenses for exhibit materials the Sponsor shall be responsible for such costs and will be invoiced by ITBD.  

  

L IVE EVENTS: SECURITY  

  

For all LIVE events, each Sponsor is responsible for its own materials and other property at all times. ITBD will not be liable to the Sponsor for any loss, damage or injury to the property of the Sponsor, its agents or  

employees, from theft, damage by fire, accident or any other causes. ITBD strongly suggests that all valuable items be secured by the Sponsor. ITBD does not maintain security or insurance covering the Sponsors’ property. Each Sponsor assumes the entire responsibility and liability for losses, damages, and claims arising out of any injury or damage to Sponsor’s displays, equipment and other property brought upon the premises of the Hyatt Regency Jersey City.  

 

FEES:  

THE TOTAL SPONSORSHIP FEE SHALL BE  

PAID IN TWO (2) EQUAL INSTALLMENTS,  

BEGINNING UPON SIGNING OF THIS  

AGREEMENT AND FINAL PAYMENT PROCESSED NO LATER THAN 90 DAYS PRIOR TO START OF THE EVENT. refunds & cancellations:  

All Sponsorship Fees are non-refundable; provided, however, that if the Build IT conference is cancelled and not re-scheduled within six (6) months after the original scheduled date, then Sponsor shall be entitled to a refund of the applicable amounts paid to Build IT under this  

Agreement. Any fees paid by Sponsor for any Sponsorship level or à la carte add on items, if canceled for Sponsor’s breach, will be retained by Build IT and waived by Sponsor to accommodate, as liquidated damages, the damages incurred by Build IT resulting from such breach.  

  

  

INDEMNITY  

Sponsor and Organizer agree to mutually indemnify, defend and hold harmless officers, directors, employees, agents, affiliates, successors and assigns from and against any and all claims, demands, losses, liabilities, actions, lawsuits, proceedings, judgments, awards, costs and expenses (including reasonable attorneys’ fees) arising, in whole or in part, out of any breach of this Agreement by Sponsor or any act or omission by Sponsor or any employee, agent, contractor, subcontractor or representative of Sponsor in connection with or relating to this Agreement including, without limitation, any injury or bodily harm to anyone at any onsite Event and/or damages caused to the Event venue.  

  

L IMITATION OF L IABILITY  

Sponsor assumes responsibility for safeguarding and insuring, and assumes all liability relating to its own property at the Events. In no event, will ITBD or the venue hosting Build IT, or Production company producing Virtual event, or any of its affiliates, agents, officers, directors or employees be liable for indirect, incidental, consequential, or exemplary damages or lost profits for any of their acts or omissions in connection with this Agreement or the Event, whether or not they have been apprised of the possibility of such damages or lost profits. Sponsor and Organizer agree to mutually limit liability in connection with the Event, to the amount actually paid by Sponsor.  

  

© IT BY DESIGN, INC. JUNE 2020  

  

FORCE MAJEURE  

ITBD shall not be liable or responsible for any failure by ITBD to comply with the terms of this Agreement due to causes beyond its reasonable control, including, but not limited to government forced shutdown, pandemic, fire, storm, flood, accident, acts of war, insurrection, terrorism, labor disputes, acts of God, failure of communication systems or networks and acts of third parties.  

 

GENERAL PROVISIONS  

The rights and obligations of Sponsor under this Agreement may not be transferred, assigned, sublet or otherwise disposed of without the prior written consent of ITBD. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective  

permitted successors and assigns. No modification of this Agreement will be binding unless it is in writing and signed by both parties. The failure to enforce or the waiver by either party of one default or breach by the other will not be considered to be a waiver of any subsequent default or breach. There are no third party beneficiaries to  

this Agreement. Sponsor agrees to abide by the terms and conditions of the venue hosting event. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without reference to the choice of law principles thereof. Sponsor hereby submits to the jurisdiction of the state and federal courts of the State of New Jersey for all proceedings arising out  

of or relating to this Agreement. This Agreement does not create, nor shall it be represented by either party to create, a partnership, joint venture, principal-agent, or other relationship whatsoever between the parties hereto. Neither party shall have, nor represent to have, authority or power to obligate or bind the other party by agreement, warranty, representation or otherwise in any manner whatsoever, without the other party’s prior written consent.  

  

© IT BY DESIGN, INC. JUNE 2020  

  

 SPONSORSHIP BUILD IT AGREEMENT  

  

 ACCEPTANCE  

 

  

 By accepting and e- signing this quote, you are agreeing to all of the terms and conditions i n this agreement and you represent that you are authorized to execute this Agreement on behalf of the Sponsor and that the Sponsor agrees to the terms and conditions set forth i n this Agreement. Agreements executed electronically have the same  

force and effect as if executed in writing.  

0 8 © IT BY DESIGN, INC. JUNE 2020