Photo Booth Partner Agreement

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    PHOTO BOOTH PARTNER AGREEMENT

    BETWEEN:

    DIGIMARCON, LLC, a corporate entity whose head office is located at 217 / 406 Broadway, Santa Monica, California 90401, United States (Hereinafter referred to as the “Event Organizer”)

    AND:

    THE UNDERSIGNED ORGANIZATION (Hereinafter referred to as the “Partner”)

  • PHOTO BOOTH PARTNER

  • WHEREAS the Partner wishes to collaborate with the Event Organizer and to participate in the Event Organizer’s Event(s) and place an order for the following package below, for the consideration and in accordance with the terms set forth in this Partnership Agreement (the “Agreement”).

  • EVENTS

  • TERMS AND CONDITIONS

  • NOW THEREFORE, THE EVENT ORGANIZER AND THE PARTNER AGREE AS FOLLOWS:

    1. ENTIRE AGREEMENT

    This Agreement and its Schedules constitute the entire agreement between the Event Organizer and the Partner pertaining to its subject matter and supersedes all previous agreements, representations, oral or written, which may have been made between Event Organizer and Partner as to the subject matter hereof. There are no representations, warranties, guarantees, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the subject matter of this Agreement except as expressly set out herein. The Event Organizer specifically disclaims any implied warranties of noninfringement, merchantability, accuracy of data, and fitness for a particular purpose and does not guarantee a certain level of marketing, publicity or attendance.

    2. SCOPE OF SERVICES

    The terms of this Agreement relate the Partner’s participation in any DigiMarCon Event (the “Event”). Partner will perform the Services more specifically described in Schedule A.

    3. COMPENSATION

    Event Organizer does not pay per diem, honoraria, or expenses other than the complimentary Partner Package annexed hereto as Schedule B by way of compensation for the rendering the said services.

    6. LICENSES GRANTED

    The Event Organizer shall grant the Partner a limited, non-exclusive license to use the Event Organizer’s name, logo, and/or or other service marks and trademarks in any software, application, content, feature, email newsletter, social media site, marketing material, press release and website for purposes of promoting the Event.

    The Partner shall be authorized to reproduce the following tag line in its promotional material: Official Partner of DigiMarCon.

    The Partner shall grant the Event Organizer a limited, non-exclusive license to use the Partner’s name, logo, and/or or other service marks and in any software, application, content, feature, email newsletter, social media site, marketing material, press release and website for marketing, promotional, research and/or educational purposes.

    6. RULES APPLICABLE TO EXHIBITORS

    The Partner and its exhibitors shall be bound by the terms and conditions reproduced in Schedule C of this Agreement (available to view and download at https://digimarcon.com/schedules/DigiMarCon Exhibitor Rules and Regulations.pdf). Schedule D also contains a list of the exhibitions scheduled to be held in various cities. Such list may be updated by the Event Organizer at its discretion.

    8. NO AGENCY

    Nothing in this Agreement shall be in any way construed or interpreted as an approval, endorsement, or recommendation by the Event Organizer of the Partner or the Partner’s products or services.

    It is agreed and understood that neither the Event Organizer nor the Partner has any authority to negotiate on behalf of nor bind the other with respect to any matter hereunder. Under no circumstances shall either the Event Organizer or the Partner have the right to act or make any commitment of any kind to any third party on behalf of the other or to represent the other in any way as an agent. The Partner is, and shall perform its obligations hereunder as, an independent contractor and is not, and shall not be considered to be, an agent or representative of the Event Organizer.

    9. REPRESENTATIONS AND WARRANTIES

    The Partner acknowledges that access to the venue space is provided “as is” without warranty of any kind, either express or implied. Except as expressly stated in this Agreement, the Event Organizer makes no warranty or representation, whatsoever and all warranties and representations are excluded to the extent permitted by applicable law.

    10. LIMITATION OF LIABILITY

    Except as expressly set forth herein, under no circumstances will the Event Organizer, its affiliates, officers, directors, employees, agents or other authorized representatives or the event venue, be liable for lost profits or other indirect, incidental, consequential, or exemplary damages for any acts or omissions with respect to the event or to this Agreement, even if the Event Providers have been advised of the possibility of such damages.

    The Event Organizer shall not be liable for any errors in any listing, description or omission in the Event brochure, program book or any other materials.

    The Event Organizer’s total liability for direct damages under this Agreement shall in no event exceed the total amount of Total Partnership Fees paid by the Partner. The Partner agrees that this is its sole and exclusive remedy and hereby releases Event Organizer from all obligations, liability claims or demands in excess of that amount.

    11. INDEMNIFICATION

    The Partner agrees, at its expense, to defend, indemnify and hold the Event Organizer and its directors, employees and agents harmless from and against all liabilities, damages, costs, fees and expenses, including reasonable attorneys’ fees, incurred as a result of any claims or demands arising from or in connection with (a) any breach by the Partner of the terms of this Agreement, if liability on any such claim would have been avoided by the Partner’s compliance with the terms of this Agreement; (b) the Partner’s negligence or wilful misconduct.

    12. FORCE MAJEURE

    The Event Organizer shall not be responsible for breaching or delaying the performance of its obligations if the Event Organizer can show that (i) the breach was due to an unforeseen event; (ii) this event and its effects could not have been taken into account when signing the Agreement; and (iii) this event is insurmountable.

    Should a case of force majeure persist for more than six (6) months, the Event Organizer shall have the right to terminate this Agreement without notice.

    13. GOVERNING LAW AND JURISDICTION

    This Agreement shall be governed by the laws of the State of Delaware. The Event Organizer and Partner agree that any claim, legal proceeding or litigation arising in connection with this Agreement shall be brought solely before the competent courts of the State of Delaware, and the parties consent to the jurisdiction of such courts.

    14. INVALIDITY OF A PROVISION

    Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, for this jurisdiction, be void by virtue of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.

    15. NO WAIVER

    The failure by either the Event Organizer or the Partner to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.

    16. AMENDMENT

    This Agreement may not be amended except by the written instrument signed by both parties.

    17. CONFIDENTIALITY

    The parties will keep this Agreement and its terms confidential. Each party will also keep confidential any information that it receives from the other party that is marked as confidential. The parties may not use confidential information for any purpose other than the performance of this Agreement.

    18. NO WAIVER

    Unless otherwise stated in this Agreement, the failure of either party to enforce any term of this Agreement shall not be interpreted as a waiver or limitation of that party’s right to later enforce compliance with every term of this Agreement.

    19. ASSIGNMENT

    The Partner shall not assign or transfer its interest in this Agreement without the written consent of the Event Organizer. The Event Organizer shall not unreasonably withhold or delay consent.

    20. GOOD FAITH

    The parties shall use good faith efforts to negotiate and resolve any issues that may arise during their business relationship or resulting from this Agreement.

    21. TERM AND SURVIVAL OF THE PROVISIONS

    This Agreement shall become effective on the date of signature by the Event Organizer (following the Partner’s signature and the approval of the Partner’s application) and shall remain in force until the end of the DigiMarCon 2021 Event. All provisions relating to indemnifications, shall survive the termination of this Agreement; any other terms of this Agreement shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.

  • SCHEDULE A: DESCRIPTION OF SERVICES

  • Photo Booth Partner shall perform the following Services for Event Organizer during Events;

    Pursuant to the terms and conditions of this Agreement Photo Booth Partner will provide the following complimentary Photo Booth Package.

    Photo Booth Partner will provide Event Organizer with a complimentary full featured open air Photo Booth with props including DigiMarCon branding & TECHSPO Event branding (if there is a TECHSPO Event), social connectivity and printing functionality, delivery and setup/teardown to be used during the Event Dates in front of 10ft Partner Logo Wall provided by Event Organizer. Photo Booth Partner will maintain and support Photo Booth setup directly next to Photo Booth Partners Exhibit Space.

    All Social Sharing is to automatically include the Event hashtags.

  • SCHEDULE B: COMPENSATION

  • Event Organizer does not pay per diem, honoraria, or expenses other than the complimentary Partner Package outlined below by way of compensation for rendering the said services for the Event(s) Selected.

    EXHIBIT SPACE
    • 8 x 8 TECHSPO Booth Space (Directly next to Photo Booth)
    • 6 Foot Table (Covered)
    • 2 Chairs & Wastebin
    • Electrical and Wi-Fi Access
    MOBILE APP
    • Acknowledgement as Partner on Official Event Mobile App
    • Partner Profile on Official Event Mobile App
    MEALS
    • All Meals provided to attendees during Sessions
    ONSITE SIGNAGE
    • Partner logo displayed on event signage (If signage has not already been created)
    ONLINE PROMOTION
    • Acknowledgement as Partner on Event website
    • Acknowledgement as Partner in Event social media messages
    EVENT PASS
    • 1 x Exhibitor Pass
  • AUTHORIZATION AND ACCEPTANCE

  • Accepted and agreed upon by: