SPONSORSHIP AGREEMENT
This Sponsorship Agreement (hereinafter referred to as the “Agreement”) is made on [INSERT THE DATE ON WHICH AGREEMENT COMES INTO FORCE] (hereinafter referred to as the “Effective Date”) between:
[INSERT THE NAME OF THE SPONSOR], having registered office at [INSERT THE ADDRESS OF THE SPONSOR] (hereinafter referred to as the “Sponsor” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns); and
[INSERT THE NAME OF THE COMPANY], having registered office at [INSERT THE ADDRESS OF THE COMPANY] (hereinafter referred to as the “Company” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns).
The “Sponsor” and the “Company” together shall be referred to as “Parties” and individually as a “Party”.
WHEREAS
- The Company is engaged in the business of [INSERT THE TYPE OF BUSINESS] and is willing to have an event titled [INSERT EVENT NAME].
- The Sponsor agrees to provide financial support and required resources for the event to the Company.
- The Sponsor and Company mutually agree to the terms and conditions outlined in this Agreement, which governs the working relationship between the parties.
- The parties are duly authorized and have the capacity to enter into this agreement.
- Both the parties affirm to understand the provisions contained herein and in case either party requires clarification as to one or more provisions, either party has had the right to seek clarifications or sought legal guidance.
NOW, THEREFORE, in consideration of the mutual promises contained herein and intending to, be legally bound, the Parties have agreed as follows:
- DEFINITIONS
- "Sponsor" refers to the entity engaging in this agreement and providing required assistance to the Company.
- "Company" refers to the entity who is organizing the event under this Agreement.
- "Assistance" shall mean the financial support and required resources provided by the Sponsor to the Company.
- “Confidential Information" means any non-public information, data, documentation, trade secrets, know-how, or any other information disclosed by one party to the other party in connection with this agreement , whether in written, oral, electronic, or any other form, and identified as confidential or which the Parties should reasonably understand to be confidential.
- TERM AND TERMINATION
- The term of this agreement shall commence on the effective date [INSERT THE DATE ON WHICH AGREEMENT COMES INTO FORCE] and shall remain in force until the completion of the event and will automatically be terminated at the expiration of the term of this agreement.
- In the event of non-compliance with any term or condition of this agreement by any party, the other party may have this agreement terminated by a written notice to the breaching party specifying such non-compliance.
- The Parties may terminate the agreement if there is a material breach of the terms and failure to resolve such a breach within 30 days of notification of such a breach.
- SCOPE OF SPONSORSHIP
- Sponsor hereby agrees to provide financial support and required resources for the Company’s event.
- Sponsor agrees to provide the following assistance for the successful completion of the event [INSERT THE LIST OF RESOURCES REQUIRED AT THE EVENT].
- FUNDING AND PAYMENT
- The Sponsor agrees to provide financial support in the amount of [INSERT THE AMOUNT] to cover the costs associated with the event, payable in [BASIS OF PAYMENT E.G. INSTALLMENTS, LUMP SUM, ETC.]
- The Sponsor shall make payments to the Company according to the agreed payment schedule. [INSERT PAYMENT SCHEDULE]
- TERMS AND CONDITIONS
- In consideration of the sponsorship provided, the Company agrees to the following terms;
- Logo placement of the Sponsor’s Company on the event materials and promotional materials
- Verbal recognition of the Sponsor’s Company during event announcements and speeches.
- [INSERT ANY OTHER ADDITIONAL BENEFITS OR OPPORTUNITIES AS AGREED UPON]
- EXCLUSIVITY
- Sponsor shall have the exclusive right to promote their products and services at the Company’s event.
- Company agrees not to enter into similar sponsorship agreements with direct competitors of the sponsor during the term of this agreement.
- COMPANY’S OBLIGATION
- The Company shall fulfill the agreed terms and conditions as outlined in this agreement.
- The Company agrees to actively promote the sponsor’s brand or products through various marketing channels, including social media, onsite signage during the event.
- The Company shall represent the sponsor’s brand in a positive and professional manner throughout the duration of this agreement, adhering to sponsor’s brand guidelines.
- The Company shall provide regular updates and reports to the sponsor regarding the progress of the event.
- The Company shall not disclose any confidential information of the Sponsor to any third-party without the prior permission of the Sponsor.
- SPONSOR’S OBLIGATION
- The Sponsor agrees to provide financial support and other necessary resources, such as equipment, materials or personnel, to facilitate the successful execution of the Company’s event.
- The Sponsor shall provide timely payments to the Company for the event as per the agreed payment schedule.
- REPRESNTATION AND WARRANTIES
- Both Company and Sponsor represent and warrant that each Party has full power, authority and right to execute and deliver this Agreement, has full power and authority to perform its obligations under this Agreement, and has taken all necessary action to authorize the execution and delivery of this Agreement. No other consents are necessary to enter into or perform this Agreement.
- Company represents and warrants that it has all the necessary licenses, permits and registrations, if any, required to conduct the event under this Agreement in accordance with applicable federal, state and local laws, rules and regulations and that it will conduct the event according to the Industry’s guidelines and specifications and with the standard of care prevailing in the industry.
- INDEMNIFICATION
- Any material breach of this Agreement, or the negligence or willful misconduct of either party, the other party shall indemnify the other party and hold the other party harmless from and against any judgment, damage, liability, or expenses, including reasonable attorney’s fees, arising out of any claim with respect to the breach or alleged breach of such warranty of this agreement or such negligence or willful misconduct; provided that the other party shall have had sole control of the defense of any such action and all negotiations for its settlement or compromise; and, provided further, that no cost or expense shall be incurred for the account of the other party without its prior written consent.
- CONFIDENTIALITY
- Parties agrees to protect the confidentiality of the Confidential Information in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event shall the Parties exercise less than reasonable care in protecting such Confidential Information.
- The Parties shall not use any confidential information directly or indirectly to procure a commercial advantage over the other Party or otherwise use any designs, ideas or concepts created by or belonging to the other Party without the express written consent of the other Party.
- FORCE MAJEURE
- No failure or omission by the Company or the Sponsor in the performance of any obligation under this Agreement shall be deemed a breach of this Agreement or create any liability if the same arises on account of force majeure, which term shall include any event or cause beyond the control of the Company or the Sponsor, as the case may be, including but not restricted to natural disasters, acts or omissions of any government, or agency thereof, pandemic, social implications, or transportation embargoes, provided that the party relying on this Section shall forthwith after any such event give written notice to the other party of its inability to perform such obligation and the reasons therefore. If force majeure continues for a period of more than two (2) weeks, without the parties hereto being able to develop an alternative satisfactory arrangement, then either party has the option of immediately terminating this Agreement.
- APPLICABLE LAW
- This Agreement shall be governed by and constructed in accordance with the Laws, rules, orders and regulations of [INSERT THE COUNTRY WHOSE LAWS WILL BE APPLY].
- The Parties shall resolve all disputes in connection with the validity or interpretation of this Agreement, unless otherwise expressly stated in the Agreement, in the following manner:
- By direct negotiations between the Company and Sponsor.
- If negotiations between the parties are unsuccessful, the matter shall be referred to the competent court sitting at [INSERT THE PLACE THAT SHALL HAVE EXCLUSIVE JURISDICTION IN CASE OF UNSUCCESSFUL NEGOTIATIONS] which shall have exclusive jurisdiction in all matters arising there from unless otherwise agreed between the Parties in writing.
- NOTICES
- Any notice, request, demand, consent or other communication required or permitted under this Agreement shall be in writing and sent either via email on the email address as provided by the parties and shall be considered sent when the email is sent to the correct email address of the party or shall be given by personal delivery (including courier) by certified mail (confirmed by mail) addressed to the party for which it is intended at the address below and shall be deemed to be given on the day of delivery or transmission if within during normal business hours, or, if after business hours, on the next following Business Day, or if mailed by registered or certified mail, on the day which is seven (7) Business Days after such notice is mailed during normal postal conditions. In the event of a postal disruption, any notice mailed will be deemed received on the seventh (7th) Business Day following resumption of regular postal service:
- If to the Company: [INSERT THE EMAIL ID OR/AND ADDRESS OF THE COMPANY]
- If to the Sponsor: [INSERT EMAIL ID OR/AND ADDRESS OF THE SPONSOR]
- Either party may change its address/email address for notices and other communications upon notice to the other party in the manner aforesaid.
- DISPUTE RESOLUTION
- The Parties shall endeavor to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate.
- If, for any reason, such Dispute cannot be resolved amicably by the Parties, the same shall then be referred to and settled by way of arbitration proceedings in accordance with the Arbitration laws of [INSERT CITY or COUNTRY WHOSE ARBITATION LAWS WILL APPLY] then in force.
- MISCELLANOUS
- Modifications: Except as otherwise provided herein this Agreement shall not be amended or otherwise modified unless the modification or amendment is done in writing, signed and has been mutually agreed by both the parties.
- Language: The language of all communications between the parties pursuant to this Agreement, including notices and reports, will be ENGLISH.
- Severability: If any provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, it shall be deemed to be separate and severable from the remaining provisions of this Agreement, which shall remain in full force and effect and be binding as though the invalid or unenforceable provision had not been included.
- Entire agreement: This agreement along with all the Exhibits constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. This Agreement may be executed in identical duplicate counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument.
- No Waiver: Any failure or delay of any Party hereto in exercising any right or privilege with respect to this Agreement shall not be construed to be a waiver or to affect the validity of any part of the Agreement and shall not retrain any of the Parties to enforce any of the provisions of the Agreement.
- Amendments and Assignments: Any amendments to this Agreement shall be made, only if, both Parties agree upon such amendment in writing. This Agreement shall not be assigned by either party without the express, written consent of the other party.
- Headings: The headings upon the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
- DECLARATION
- Each of the parties hereto covenant and agree to execute and deliver such further and other agreements, assurances, undertakings or documents, cause such meetings to be held, resolutions passed and by-laws enacted, exercise their votes and influence and do and perform and cause to be done and performed any further and other acts and things as may be necessary or desirable in order to give full effect to this Agreement.
IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.
Signed, sealed and delivered on behalf of Company
Name: [INSERT THE NAME/DESIGNATION OF SIGNING AUTHORITY OF COMPANY]
Signature:
Date: [INSERT THE DATE ON WHICH COMPANY SIGNS THE AGREEMENT]
Signed, sealed and delivered on behalf of Sponsor
Name: [INSERT THE NAME/DESIGNATION OF SIGNING AUTHORITY OF SPONSOR]
Signature:
Date: [INSERT THE DATE ON WHICH SPONSOR SIGNS THE AGREEMENT]