ASCD Annual Conference 2021
TERMS & CONDITIONS
The amount identified in this agreement, your Company is contractually committed to pay. All monies owed ASCD must be paid upon receipt of an invoice. Payment may be made by credit card or check. All checks returned to ASCD unpaid for any reason must be made good by certified check for the original amount plus all fees.
A Company in good standing with ASCD is one that meets the following criteria:
Company has neither defaulted nor breached any previous agreements with ASCD and does not have any unresolved accounting issues with ASCD. Company does not have unpaid invoices aged beyond 90 days from date of invoice. Company has fully complied with ASCD’s advertising policy. Payment and Open Invoices Aged Beyond 90 Days. ASCD requests prompt payment of all ASCD invoices as the success of our meetings is dependent upon the receipt of committed funds. As ASCD’s budgeting and its contractual commitments are based upon committed sponsorship/exhibit dollars, no refunds, reductions in committed amounts, or “carry overs” (to future events) will be available for any reason. In the event of any uncured breach or default by Company of the Good Standing Policy or any other agreement Company has with ASCD, ASCD may in its sole discretion apply any payments made by Company to ASCD under this or any other agreement it has with ASCD.
This document constitutes the entire agreement between the parties regardless of prior negotiations and/or understandings and is binding upon confirmed receipt by an authorized ASCD staff representative regardless of any written or oral representation of any agent, Board member, officer, or other employee of ASCD. This Agreement may be amended or supplemented by a written document referencing this Agreement and signed by both parties.
In the case of any act or cause outside the control of ASCD, including, but not limited to, acts of war, terrorism, fire, strike, natural disaster, or other emergency, that makes the holding of the event impossible, impractical or inadvisable (including an event curtailing the travel of 25% or more the anticipated attendees), ASCD may retain such part of the sponsor/exhibitor’s fees as shall be required to recompense ASCD for its expenses and obligations related to the event. In the alternative, ASCD may credit sponsor/exhibitor an amount, determined solely in ASCD’s discretion, for a future event. Notwithstanding the foregoing, ASCD shall attempt to maximize its resources to avoid such liabilities.
Sponsor/Exhibitor acknowledges that its participation at the event is at the sole business discretion of ASCD. Sponsor/Exhibitor agrees that it will not directly or indirectly, expressly or implicitly, solicit, recruit or otherwise promote any product, service or organization that is any way competitive with ASCD without the advanced written consent of ASCD. Furthermore, Sponsor/Exhibitor shall comply with all Federal, State and local laws and ordinances prohibiting discrimination with regard to race, color, national origin, ancestry, creed, religion, political ideology, sex, sexual orientation, marital status or disability.
Sponsor/Exhibitor acknowledges that ASCD Events and all Sponsorship/Exhibit opportunities, and all related activities, events and their component parts occurring during the dates identified above are conducted and controlled exclusively by and for ASCD. Sponsor/Exhibitor recognizes that the Sponsorship/Exhibit opportunity granted hereunder is non-refundable, non-transferable, and non-cancelable, nor can it be assigned, subdivided, bifurcated, or parceled out in any manner, either with or without compensation, by Sponsor/Exhibitor. Only ASCD recognized Sponsors/Exhibitors may receive recognition, in any form or fashion, by ASCD, as determined by ASCD in its sole discretion. Failure to abide by this provision constitutes a material breach of this Agreement. In such a case, ASCD, at its sole discretion, shall be released from any and all obligations to Sponsor/Exhibitor hereunder, and shall retain all amounts paid by Sponsor/Exhibitor.
Sponsor/Exhibitor agrees to indemnify and hold ASCD harmless from any and all claims and/or liabilities, including reasonable attorneys’ fees, resulting from any errors, acts, omissions, or negligence of Sponsor/Exhibitor, its officers, directors, agents and employees, in connection with the event.
Sponsor/Exhibitor is solely responsible for obtaining any required licenses to broadcast, perform, or display any materials that are subject of any copyright, trademark, industrial design, patent or other intellectual property right, including but not limited to music, video, and software. Sponsor/Exhibitor shall indemnify and hold harmless ASCD and Show Management against cost, expense, or liability which may be incident to, arise out of or be caused by Exhibitor's failure to obtain requisite license.
Conference, sponsor, and exhibitor presented materials are intended for event attendees' personal use only. Further recording, reproduction, or dissemination, in whole or part, is strictly prohibited.
Sponsor/Exhibitor hereby agrees to sponsor the item(s) identified above for which it has been invoiced by ASCD for Event(s) specified above and fully understands that by signing below, this form shall be come a binding contract subject to the Exhibit and Sponsorship Terms and Conditions, as outlined in the materials and those established by ASCD.