Networker Agreement

Registration is not guaranteed until payment is received and is subject to availability. Symposium registration includes all conference sessions, meal functions and receptions, and distributed materials. Accommodation is exclusive.

By completing and returning this form to Ashton Media Pty Ltd. via email I agree to be bound by the ‘networker agreement’ and ‘booking conditions’. I understand that this form constitutes a legally binding agreement and if I cancel my place at the Marketing Tech Symposium on or after 3rd of June 2019 a cancellation fee of $4,400 will be payable to Ashton Media Pty Ltd. If I cancel prior to 15th of August 2018 a cancellation fee of $2,200 will be charged.

Cancellations must be received in writing. You will receive confirmation of your cancellation. If you are unable to attend you may transfer your networker pass to a colleague within your organisation. However, all transfers must be confirmed in writing to Ashton Media. The information provided above is confidential and will be used strictly for administrative purposes in relation to your participation at Marketing Tech Symposium.

Terms and Conditions of Business

This document forms a legally binding agreement between the Sponsor named in the Summary (the Sponsor) and Ashton Media Pty Ltd (Ashton Media).

1. DEFINITIONS:
(i) Confidential Information means information that is by its nature confidential, is designated by one party as confidential and which the other party knows or ought to know is confidential;
(ii) Event means an event forum, conference, symposium, summit, meeting, congregation or other such generically named event;
(iii) Force Majeure means an act, omission, cause or circumstance outside Ashton Media’s reasonable control including, without limitation, natural disasters including but not limited to inclement weather, fire, storm, flood, earthquake and explosion, accident, enemy acts, war, sabotage, labour dispute, riot or civil commotion, the failure or substantial failure of the Internet, the destruction or un-inhabitability of any event venue and an act or omission of a third party.
(iv) Sponsorship is the funding commitment made by the Sponsor to Ashton Media to financially and otherwise support the Event in return for the Sponsorship Entitlements.
(v) Sponsorship Entitlements means the benefits provided by Ashton Media to the Sponsor and as set out in the Summary
(vi) Sponsorship Fee is the sum payable plus GST by the Sponsor to Ashton Media by the Date Payable and as set out in the Summary

2. SPONSORSHIP AGREEMENT:
(i) The Sponsor agrees to sponsor the Event and in consideration of payment of the Sponsorship Fee Ashton Media will provide the Sponsorship Entitlements to the Sponsor.

3. SUPPORT BY ASHTON MEDIA:
(i) Ashton Media will inform the Sponsor as to the running schedule of the Event and provide both Pre-Event and Onsite Support for the Sponsor in order to assist the Sponsor into maximising the value of their Sponsorship .
(ii) Ashton Media reserves the right to create the running schedule but will provide reasonable advance notice of date and times for any Sponsor’s presenting sessions and will use commercially reasonable efforts to work with the Sponsor to resolve any scheduling issues.

4. SPONSOR OBLIGATIONS:
(i) The Sponsor will pay the Sponsorship Fee by the Date Payable as noted in the Summary.
(ii) The Sponsor will be responsible for all expenses incurred by it relating to the Sponsorship other than the Sponsorship Entitlements set out in the Summary.

5. ASHTON MEDIA OBLIGATIONS:
(i) Ashton Media will publicise the event in its own media and/or third party media and will in all such publicity acknowledge the Sponsor by use of words similar to sponsored by or supported by which words will be positioned with the Sponsor’s name and logo or such other mark as is approved by the Sponsor.
(ii) Ashton Media will provide the Sponsorship Entitlements as set out in the Summary.

6. RELATIONSHIP AND PARTIES:
(i) Nothing in this Agreement shall be construed as constituting a partnership between the Sponsor and Ashton Media.

(ii) Both the Sponsor and Ashton Media will retain all rights to any logos, trademarks and service marks of their respective organisations although the Sponsor and Ashton Media both expressly consent to the use and display of such marks, individually and in connection and juxtaposition with each other and the marks of other Sponsors, in connection with the promotion of the Event, Post Event publicity or follow-up activities and the management of the Event .
(iii) Neither party shall represent that it has any right or authority to bind the other, or create any obligations, express or implied, except as expressly provided in this agreement.

7. TERMINATION:
(i) Ashton Media may terminate this Agreement by notice in writing to the Sponsor if the Sponsor commits an act of bankruptcy, becomes insolvent or is unable to pay its debts as and when they become due, is wound up, voluntarily or involuntarily enters into any arrangement or composition with its creditors or has a controller, receiver, receiver and manager or administrator appointed or goes into liquidation or passes a resolution to go into liquidation, otherwise than for the purposes of reconstruction.
(ii) Termination in these circumstances does not prevent Ashton Media from any entitlement it might have to forfeit the Sponsorship Fee.
(iii) Ashton Media may also terminate this agreement by notice in writing to the Sponsor in circumstances where it is unable to perform its obligations under this Agreement for any of the reasons set out in Clause 9 relating to the Disclaimer of Warranties Limitation of Liability. Termination in these circumstances does not entitle Ashton Media to any Cancellation Fee.
(iv) The Sponsor may terminate this agreement by notice in writing to Ashton Media provided that such notice is served more than 180 days prior to the Event. The Sponsor may similarly terminate this agreement within 180 days but subject to the Cancellation Fee provisions in Clause 8.

8. CANCELLATION FEE:
(i) Due to the necessity for advance planning, printing and publicity if the Sponsor desires to cancel the agreement the Sponsor must do so by giving written notice thereof to Ashton Media.
(ii) If notice in writing of a cancellation is given more than 180 days prior to the commencement of the Event there shall be no cancellation fee.
(iii) For any cancellation 180 days or less from the commencement date of the Event cancellation fees shall be calculated as follows. The sponsor shall be liable for 50% of the Sponsorship Fee if cancellation is notified in writing more than 120 days prior to commencement day of the Event and 100% of the Sponsorship Fee if such cancellation is notified in writing within 120 days prior to the Event.
(iv) Payment of the cancellation fee must be received by Ashton Media within 14 days of the notice in writing of cancellation and should the Sponsorship Fee have been already paid at the time of cancellation the Sponsor acknowledges that the Sponsorship Fee is forfeited and that Ashton Media shall be entitled immediately to that part of the Sponsorship Fee which is equal to the cancellation fee.
(v) In the event that the Sponsorship Fee has been paid before cancellation and in the event that the cancellation fee is equal to the Sponsorship Fee Ashton Media shall continue to be obliged in relation to the Sponsorship Entitlements set out in the Summary. In any other circumstance Ashton Media is relieved of such obligations.
(vi) The Cancellation Fee shall also apply in circumstances where Ashton Media has terminated the contract for the reasons set out in Clause 7(i)

vii) The effective date of any cancellation shall be the date Ashton Media actually receives written notice or the date applicable to the events referred to in Clause 2 and in the Summary .
(viii) The Sponsor understands this cancellation fee has been incorporated into this Agreement as a valid pre-estimate of damages that Ashton Media will sustain and which are not capable of precise determination, and the cancellation fee is considered to be liquidated and agreed-upon damages suffered as a result of the Sponsor’s cancellation, and is not a penalty.

9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
(i) Ashton Media disclaims all warranties express or implied, except those warranties and representations expressly made in this Agreement.
(ii) Ashton Media shall not be in breach of this agreement in the event it is unable to perform its obligations under this Agreement as a result of force majeure the failure or substantial failure of the Internet, the destruction or un-inhabitability of any event venue or other reasons or conditions beyond its reasonable control.
(iii) In no event shall Ashton Media be liable to any person or entity for any consequential or incidental damages for loss of business, profits or loss of business information or any other loss or claim whatsoever, arising out of the Sponsor’s participation in the Event
(iv) Ashton Media does not warrant, either expressly or by implication, nor is it responsible for, the financial or other success of the Event, the number or identity of sponsors, the number or identity of attendees participating in the Event, the adequacy of the services it provides to manage the Event, the suitability of the location for the Event. the safety of attendees, the quality of Speakers, the financial return or any other economic benefit to be derived from the Sponsorship Fee or the Sponsor’s involvement in the Event or from Ashton Media or third party media.

10. INSURANCE:
(i) The Sponsor warrants that it shall during the period of the Event maintain all appropriate insurances including public liability to a limit of $20 million per claim arising from any one event in respect of accidental death of, or accidental bodily injury to persons, or accidental damage to property, arising out of or in the course of attending the Event or providing the Sponsorship and a workers’ compensation insurance policy in relation to any employees of the Sponsor.

11. INDEMNITY AND RELEASE:
(i) The Sponsor releases, discharges and indemnifies Ashton Media and its officers and employees (“the Indemnified Persons”) from and against any Claim which may be brought against or made upon any of them in connection with any negligent or unlawful act or omission of the Sponsor, its employees, officers, agents or contractors, breach of any provision of this Agreement by the Sponsor, and contravention of any laws by the Sponsor, its employees, officers, agents or contractors, infringement by the Sponsor, its officers, employees, agents or contractors of any Intellectual Property of any third party, except to the extent that the Claim is due to the negligent or unlawful act or omission of the Indemnified Persons.

12. CONFIDENTIALITY:
(i) Parties agree that they will maintain in confidence the terms and conditions of this Agreement, as well as any other confidential information that is identified and communicated as such by one party to the other at the time of disclosure. The party receiving such confidential information agrees not to use or disclose or apply such information, except in performance of the terms of this Agreement. Such obligations shall not apply to information that becomes part of the public domain through no fault of the receiving party.

13. ASSIGNMENT:
(i) The Sponsors rights and obligations under this Agreement may not be transferred or assigned directly or indirectly without the prior written consent of Ashton Media;
(ii) Ashton Media may transfer or assign the benefit of this agreement without the consent of the Sponsor.

14. WAIVER:
(i) Failure of either party to enforce any of its rights under any of the provisions of this Agreement shall not constitute a waiver of the provisions or of the right of the parties to enforce each and every other provision of this Agreement.

15. MISCELLANEOUS:
(i) This Agreement shall be governed by the laws of New South Wales. All notices under this Agreement shall be in writing and sent to the parties at the address first stated above. A notice shall be deemed given on the date it was sent. This Agreement constitutes the entire agreement of the parties and supersedes all prior negotiations, agreements and representations. This Agreement shall not be modified except by a writing signed by both parties.

I am duly authorised to sign this agreement on behalf of the sponsoring organisation. I have read and understand the terms and conditions of business and agree to be bound by them.