OPEX23 Terms & Agreement
Below is a copy of the OPEX23 Terms & Agreement that sponsors will be asked to sign at checkout when they purchase their sponsorship.
OPEX23 Terms & Conditions
Sponsor Rules, Regulations & Guidelines
This Sponsored Event User Agreement ("Agreement";) is made by and between the National Association for Environmental Management ("NAEM") and the sponsor ("Sponsor").WHEREAS, NAEM is a nonprofit corporation, tax exempt under Section 501(c)(6) of the Internal Revenue Code, dedicated to empowering corporate leaders to advance environmental stewardship, create safe and healthy workplaces, and promote global sustainability; and WHEREAS, NAEM creates content and publishes content of others about environmental, health and safety, and sustainability best practices (“EHS&S Content”), which is published by NAEM and posted on its website and/or distributed to its employees, grantees, strategic partners, community stakeholders, and members of the media; and
WHEREAS, the Sponsor is a valued supporter of NAEM; and
WHEREAS, the Sponsor agrees to contribute financial assistance and potentially certain EHS&S Content to support the 2023 EHS Operational Excellence conference.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows:
Sponsor hereby agrees to be bound by all sponsorship rules and regulations. Sponsor further agrees to adhere to and be bound by (i) any rule or regulations of the facility where the exposition is airing from virtually; (ii) the terms of all leases and agreements between NAEM and the managers or owners of said facility; (iii) the terms of any and all leases and agreements between NAEM, US Expo and any other party relating to the exposition.
No Competing Events: Sponsor events, webinars or concurrent sessions shall not be scheduled during regularly scheduled hours of virtual conference session activities, or other NAEM networking functions. Sponsors who schedule private functions in conflict with official NAEM virtual events will not be eligible to exhibit or sponsor anything at NAEM for two (2) years.
Exclusions: NAEM shall have the right to exclude or to require modification of any video or demonstration which, in its sole discretion, it considers unsuitable to or not in keeping with the character of the conference. NAEM shall have the right to prohibit the use of amplifying equipment or music which, in its sole discretion, it considers objectionable. NAEM shall have the right to demand modification of the appearance of dress of persons or mannequins used in connection with virtual sessions or commercials. No sponsor is permitted to record virtual sessions, share attendee lists with 3rd parties, or share pre-recorded sessions with non-conference attendees.
Cancellation of Sponsorship: No refund will be made on cancellations received less than 30 days before the conference. All cancellations made before the 30-day deadline will receive a 50% refund of their sponsorship fee. Under all circumstances, NAEM retains the right to resell any sponsorships cancelled by Sponsor.
Change of conference format (from in-person to hybrid or virtual): Should NAEM transition the event to a hybrid or virtual format, NAEM will provide all sponsors with an alternate virtual sponsorship package and automatically continue their sponsorship of the virtual event. If a sponsor wants to cancel their sponsorship at this point and it is prior to the 30 day window, they will receive a 50% refund of their sponsorship fee. If the sponsor chooses to cancel with less than 30 days until the event, they will forfeit their sponsorship fee.
Full Cancellation of the Conference: In the event that NAEM must cancel the conference outright and is not able to provide an alternative format (virtual) for delivery, due to any occurrence not occasioned by the conduct of NAEM or Sponsor, whether such occurrence be an act of God or the common enemy or the result of war, not civil commotion, sovereign conduct, or the act or conduct of any person or persons not party or privy to this lease, then the obligations of the parties under this agreement shall be automatically terminated and all payments made under this agreement shall be refunded to Sponsor, less a prorated share of expenses actually incurred by NAEM in connection with the event.
The Sponsor Shall Be Responsible For: Securing any and all necessary licenses or consents for a) any performances, displays, or other uses of copyrighted works or patented inventions, and b) any use of any name, likeness, signature, voice or other impression and other intellectual property owned by any third party which may be used, directly or indirectly, by the sponsor. This includes the photographing or videotaping of any portion of the NAEM conference. The sponsor agrees hereby to indemnify, defend and hold NAEM harmless from and against any claim of liability and any incident or resulting loss, cost, or damage (including costs of lawsuit and attorney's fees) for failure to obtain these licenses or consents and/or for infringements or other violations of the property, copyright, privacy rights or publicity of any third party.
Liability: This Agreement shall not constitute or be considered a partnership, employer-employee relationship, joint venture, or agency between NAEM and Sponsor. Except in connection with a third party claim for which Sponsor is responsible as provided in the preceding paragraph, neither party shall be liable to the other under any circumstances for special, incidental, indirect, consequential, exemplary or punitive damages. This provision shall survive the expiration or termination of this Agreement.
No Expectation of Confidentiality or Security: Sponsor acknowledges that NAEM cannot control whether attendees (or other third parties) record all or any portion of the conference. Accordingly, Sponsor should have no expectation that its EHS&S Content will not be shared more broadly than among attendees of the conference. Sponsor agrees that NAEM shall have no liability relating to the unauthorized recording of all or any portion of the conference, including Sponsor’s name, logos, presentation or other content, etc.
Cancellation or Postponement of Conference: In the event that the conference is postponed due to any occurrence not occasioned by the conduct of NAEM or Sponsor, whether such occurrence be an act of God or the common enemy or the result of war, not civil commotion, sovereign conduct, or the act or conduct of any person or persons not party of privy to this lease, then the performance of the parties under this agreement shall be excused for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof and in any event for the duration of such postponement. In the event that such occurrence results in cancellation of the event, the obligations of the parties under this agreement shall be automatically terminated and all payments made under this agreement shall be refunded to Sponsor, less a prorated share of expenses actually incurred by NAEM in connection with the event.
Giveaways: If there is any question about the appropriateness of a giveaway item(s), NAEM may request a sample for final approval. All raffles must be announced and awarded by Sponsor by notifying winner directly. NAEM will not make announcements for any prize drawings.
Attendee Lists: Attendee lists will include name, email address, title and company only for registration attendees that opt in to share their information. Attendee lists will be sent to only those sponsors whose packages come with it and will follow the distribution schedule as stated in the prospectus under their sponsorship benefits.
Payment: All payment for any event sponsorship is required in full one week (3/7/23) before the date of the conference. NAEM reserves the right to keep any deposits and resell your sponsorship if payment is not received by that date (3/7/23).
The authorized representative of the Sponsor party agrees to the above terms signing below.
This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party’s signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.