AOTMP EVENT TERMS
I. REGISTRANT TERMS
AOTMP® uses the personal data you provide in this registration for administering your participation in this event. This may include information about the event’s content, event logistics, payment, updates, and additional information related to the event. Finally, AOTMP® may, in some circumstances, provide the information entered on this page to our event sponsors so they may contact you with marketing materials.
AOTMP® may disclose your personal data to third party service providers engaged by AOTMP® to assist in the conduct of the event. Information you submit on this page may be used by said service provider to deliver relevant event and website advertisements to you; enable you to partake in prize draws, competitions, or surveys; and help us administer the event.
Except as described herein, AOTMP® will not disclose your personal data to any other third party without your consent except where required to do so by law.
II. SPONSOR TERMS
The following terms are incorporated into any Event Sponsorship Agreement entered into between AOTMP® and a Sponsor (the “Agreement”). Should a conflict arise between the following terms and the Agreement, the following terms shall apply.
A. Guidelines and Rules
All planning and execution for the sponsorship must be coordinated through AOTMP®, whose staff will work directly with the Event production personnel.
Any presentations or content used at the event must be approved in writing by AOTMP® by the deadline provided by AOTMP® to Sponsor.
Sponsor may not use AOTMP® or any other AOTMP® logos, copyrights, trademarks, trade names, service marks or any other intellectual property (the “AOTMP® Marks”) without the prior written approval of AOTMP® or as otherwise specified in an Event Sponsorship Agreement. The use of the AOTMP® Marks must conform to the image or other specifications provided to Sponsor by AOTMP®. Nothing in this paragraph shall permit Sponsor to sublicense any of AOTMP® Marks or other intellectual property to a third party for any purpose. In no event shall Sponsor be permitted to use the AOTMP® Marks following the conclusion of the Term without the prior written consent of AOTMP®. Sponsor shall cooperate with AOTMP® to assure that the nature and quality of its use of the AOTMP® Marks and the quality of its goods and services in connection with which the AOTMP® are used are of a quality consistent with the requirements of this Agreement and do not detract from the goodwill associated with the AOTMP® Marks.
Sponsor agrees to participate in all activities outlined in the chosen sponsorship package. Sponsor grants to AOTMP® a royalty-free, non-exclusive, limited, non-transferable license to use the logos, copyrights, trademarks, trade names, service marks and any other intellectual property provided by Sponsor to AOTMP® in the United States of America during the Term in the Agreement, including quality standards and specifications, provided by Sponsor in connection with the Event. Notwithstanding the foregoing, Sponsor acknowledges that AOTMP® will use the Sponsor Marks to promote both Sponsor and AOTMP®, and that such images may include the AOTMP® Marks, and so long as the Sponsor Marks conform to the image or other specifications of the Sponsor Marks provided to AOTMP® by Sponsor, no approval from Sponsor shall be required for such uses during the Term. Nothing in this paragraph permits AOTMP® to sublicense any of Sponsor’s intellectual property, including the Sponsor Marks, to any third party for any purpose. Furthermore, Sponsor agrees to the use of their assigned participants and judges’ names for the purpose of fulfilling all obligations under the sponsorship package which include, but are not limited to, news releases, pre and post event videos, promotional appearances, recognition in the AOTMP® Insights electronic publication, pre and post event promotional campaigns and promotion of judges.
B. Confidential Information, Data Security & Privacy
Although AOTMP® does not intend to collect or share Confidential Information pertaining to AOTMP® or Sponsor, the Parties agree that neither Party will disclose any Confidential Information except to affiliates, employees, agents, or professional advisors who (i) have a documented need for the information, and (ii) have agreed in writing (or are otherwise bound by a statutory confidentiality obligation) to keep the information confidential. “Confidential Information” means information that one Party discloses to the other Party under this Agreement, and that is marked as confidential or would normally be considered confidential information under the circumstances. It does not include information that the recipient lawfully receives without restriction, that becomes public through no fault of the recipient, or that was independently developed by the recipient. Neither Party will disclose the terms of this Agreement to any third party unless specifically authorized by the other Party in writing.
In relation to its processing and use of personal data (as defined under the GDPR), Sponsor shall comply with all applicable laws, rules, regulations, governmental opinions and orders, and self-regulatory programs and guidelines (“Data Protection Laws”) , including, without limitation, the GDPR and the EU member states implementing legislation relating thereto, the California Consumer Privacy Act (CCPA), the CAN- SPAM Act, the Telephone Consumer Protection Act (47 U.S.C. §227) and associated implementing regulations (47 C.F.R. § 64.1200), including all regulatory guidance issued by the Federal Communications Commission; the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. § 6101) and associated implementing regulations under the FTC’s Telemarketing Sales Rule (16 CFR Part 310); state and local telemarketing and telephone solicitation laws, rules, regulations, opinions, and orders; and industry standards and guidance, including without limitation the Mobile Marketing Association (“MMA”) Consumer Best Practices Guidelines and Code of Conduct for Mobile Marketing and the Direct Marketing Association’s “Guidelines for Ethical Business Practice.”
To the extent AOTMP® transfers any personal data about data subjects located in the European Economic Area, Switzerland or the United Kingdom from the EEA to a Sponsor located in the United States, Sponsor agrees to be bound by the Controller to Processor Standard Contractual Clauses (“SCCs”), which the Parties shall negotiate in good faith should the need arise.
AOTMP® will not be responsible for the loss of any of Sponsor’s property or materials by or for any cause. Sponsors must make provisions for safeguarding their goods, materials, equipment, and display at all times, and Sponsors are urged to carry their own insurance through their own sources at their own expense.
C. Cancellation Privileges
AOTMP® shall have the right to terminate the Agreement immediately and prior to the conclusion of the Term if Sponsor violates a term of the Agreement; provided, however, AOTMP® shall provide Sponsor with written notification of such violation and AOTMP®‘s decision to terminate this Agreement.
All Sponsorship Fees are non-refundable.
D. Representations and Warranties; Indemnification
AOTMP® represents and warrants to Sponsor that (a) AOTMP® has the full rights and authority to enter into the Agreement, perform its obligations under the Agreement, grant all of the rights granted by it under the Agreement, (b) the execution and delivery of this Agreement by AOTMP® has been duly authorized, and (c) the performance by AOTMP® of its obligations under the Agreement do not and will not violate or cause a breach of any other agreement or obligation to which they are parties, and no approval or other action by any third party is required in connection with AOTMP®‘s execution and performance of the Agreement. This provision shall survive the termination or expiration of the Agreement. AOTMP® shall indemnify, defend and hold harmless Sponsor and Sponsor’s shareholders, members directors, officers and employees (together, “Sponsor Indemnitees”) from and against any and all losses, claims, damages, liabilities, costs and expenses, including attorney’s fees, incurred by Sponsor Indemnitees as a result of a material breach by AOTMP® of any material representation, warranty or covenant contained in the Agreement.
Sponsor represents and warrants to AOTMP® that (a) Sponsor has the full rights and authority to enter into the Agreement, perform its obligations under the Agreement, grant all of the rights granted by it under the Agreement, (b) the execution and delivery of the Agreement by Sponsor has been duly authorized, and (c) the performance by Sponsor of its obligations under the Agreement do not and will not violate or cause a breach of any other agreement or obligation to which they are parties, and no approval or other action by any third party is required in connection with Sponsor’s execution and performance of the Agreement. This provision shall survive the termination or expiration of the Agreement. Sponsor shall indemnify, defend and hold harmless AOTMP® and AOTMP®‘s members, directors, officers and employees (together, ” AOTMP® Indemnitees”) from and against any and all losses, claims, damages, liabilities, costs and expenses, including attorney’s fees, incurred by AOTMP® Indemnitees as a result of a material breach by Sponsor of any material representation, warranty or covenant contained in the Agreement.
E. Assignment of the Agreement
This Agreement, including all the rights under it, may not be assigned, or transferred by Sponsor without first obtaining written consent from AOTMP®.
F. Force Majeure
Neither party shall be liable to any other for delay in the performance of their respective obligations under this Agreement, or for any damages suffered by either arty as a result thereof, including but not limited to, cancellation of shows due to COVID-19, pandemics, epidemics, acts of God, war, civil strife, acts of terrorism, rain, fire, strikes, inclement or severe weather (including lightning strikes), power outages or inability to obtain necessary labor or materials; provided, however, in the event that AOTMP® cancels the show and it is not rescheduled, AOTMP® will refund their fee.
G. Governing Law
In the event of any dispute under the Agreement, the laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation and any other aspect of the Agreement, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the federal and state courts of Marion County, Indiana, including the Indiana Commercial Court docket, for any action arising out of the Agreement, and waives any objections to such jurisdiction and venue.
H. Relationship of Parties
The relationship of the parties created by the Agreement shall be that of independent contractors. Nothing contained in the Agreement shall be construed or interpreted as creating a relationship of joint venturers, partners, principal and agent, or employer and employee under any circumstances.