The Sponsor agrees to be bound by the information and terms herein and the rules and regulations included in the Sponsor/Exhibitor Kit and/or any other regulations issued by the Company prior to the exhibition.
TERMS AND CONDITIONS
1. TERMS OF PAYMENT:
The total sponsorship fee is due 60 days prior to each Event date, or upon contract signing if event is less than 60 days from date of contract signing. Invoices will be provided to Sponsor for processing payment. Payment by check is to EH Media, LLC, PO Box 989, 20 Speen Street, Suite 403, Framingham, MA 01701. For payment by wire/ACH contact accountsreceivable@ehpub.com or 508-663-1528 for bank instructions. Payments by credit card are subject to a 3% administrative fee.
2. OCCUPANCY BY SPONSOR:
Only the company name listed on this contract is considered an official ChannelPro LIVE/DEFEND Sponsor. It is further agreed that actual occupancy of the spaces reserved by the Sponsor is of the essence. If the Sponsor does not occupy its assigned space by 11:00 AM, on the first day of the Event, EH Media, LLC may occupy or cause said space to be occupied without in any way releasing the Sponsor from liability hereunder. Furthermore, if the Sponsor does not occupy/staff the space, all rights of any Sponsor will be revoked. Premature dismantling of, and/or failure to staff space during the entire show will result in a fee up to $500.
3. CANCELLATION BY SPONSOR
All cancellations must be in writing (return receipt required) and shall become effective when received by EH Media, LLC. Both the Sponsor and EH Media, LLC, acknowledge that EH Media, LLC will sustain substantial losses if the Sponsor cancels its contract after it has been assigned space. Due to the difficulty of determining said losses, the Sponsor agrees to pay 100% of the contracted Fee as liquidated damages within 10 days of cancellation.
4.CANCELLATION BY EVENT MANAGEMENT:
Sponsor’s space may be cancelled by EH Media, LLC, for failure to make payments when due or failure to comply with Event regulations. If space is canceled by EH Media, LLC, Sponsor will be notified in writing. It is further agreed that based on the timing of such cancellation, as evidenced by letter notification, the Sponsor is liable for the same cancellation charges as referred to above. Upon such cancellation, EH Media, LLC may lease the cancelled space to another Sponsor at its discretion. In the event of a cancellation of an in person Event, Sponsors may either convert their participation to the online only sponsorship, with any difference in price refunded, or receive a full refund of their sponsorship fee.
5. DIRECTORY LISTING/SEPARATE SPONSOR REGISTRATION:
Only the name of the Sponsor which appears upon the face of this contract may be placed in the exhibit space, in the Event’s printed list of Sponsors, and on Sponsor badges. It is further agreed that the Sponsor shall not assign, share or sublet any part of its exhibit space without the express written consent of EH Media, LLC. A $2,500 marketing fee is required for each exhibit share company. Each additional share company will be contracted and invoiced separately. EH Media, LLC maintains the exclusive right to publish and distribute the list of Sponsors. However, a publisher may include the list of Sponsors as part of an ongoing publication. As a service to Sponsors, EH Media, LLC will identify in the Official Directory each Sponsor who completes and returns the necessary directory listing form by the established deadline; however, EH Media, LLC will incur no liability for any errors, omissions or format changes in the directory. The Sponsor agrees to list in the Official Directory only brands of its own manufacture, or brands which are manufactured exclusively for the Sponsor, and which bear the Sponsor’s name or trademark.
6. REGULATIONS:
It is further agreed that all current and subsequent Event conditions and regulations and the conditions and regulations of the Event venue are made a part hereof as though fully incorporated herein. EH Media, LLC shall have full and exclusive power in the matter of interpretation, amendment and enforcement of all said conditions and regulations, and any such amendments when made and brought to the notice of Sponsor, shall be as though duly incorporated herein and subject to the terms and conditions herein set forth. If a dispute or disagreement shall arise between the parties concerning the allotment of or permitted use of exhibition space or concerning interpretation of any of the regulations which are a part hereof, the decision and interpretation of EH Media, LLC shall be final and the Sponsor hereby agrees to abide by said interpretation which, if requested, shall be in writing. It is further agreed that in case said premises shall be destroyed by fire or the elements, or by any other cause, or in case of government intervention or regulation, military activity, strikes, or any other circumstances, including a pandemic, that make it impossible or inadvisable for EH Media, LLC to hold the Event or portion thereof at the time and place herein provided, then and thereupon this agreement shall terminate and the said Sponsor shall and does hereby waive any claim for property or other damages or compensation except the return of all amounts paid after deduction of actual expenses incurred by EH Media (on behalf of Sponsor only) in connection with the Event and there shall be no further liability on the part of either party. This agreement is subject and subordinate to the agreement between EH Media, LLC and the Event venue and any other facilities utilized by EH Media, LLC (and other facilities which may be used) for the current year period of the Event, move-in through move-out.
7. EXHIBIT SPACE AMENDMENTS:
EH Media, LLC reserves the right to reallocate exhibit space in the interest of a better showing of exhibits or for any other reason.
8. RECEIPT AND REMOVAL OF FREIGHT:
EH Media, LLC is not responsible for lost shipments, and no exhibit or portion thereof may be removed from the exhibit facility during the Event. Only Sponsors showing proper exhibit credentials and personal identification will be permitted to take merchandise out of the facility. If any Sponsor fails to remove freight in the allotted move-out time, EH Media, LLC reserves the right, at the Sponsor’s expense, to ship the freight through a carrier of its own choosing or to place same in a storage warehouse. (Please refer to your Sponsor/Exhibitor Kit for additional information.)
9. EXHIBIT SET-UP:
All Event tabletop exhibits must be occupied by 11:00 a.m. on the first day of the Event; exhibit space not occupied by then will revert to EH Media, LLC with no further obligation to the Sponsor. No refund will be made to any Sponsor for spaces assigned and not occupied by the times designated above.
10. LIABILITY AND INSURANCE:
The Sponsor and its authorized contractors agree to carry adequate personal and property damage liability and workers’ compensation insurance and to indemnify EH Media, LLC, the Event venue and their contractors, officers, agents and employees (the “Indemnified Parties”) against all claims, losses, suits, damages, judgments, expenses, costs and charges of every kind (“Losses”), including reasonable attorneys’ fees made by a third party claimant resulting from Sponsor’s failure to abide by the regulations set forth under this Agreement, including liabilities resulting in personal injuries, death or property damages sustained by any such third party claimant. Notwithstanding the foregoing, Sponsor shall be not obligated to indemnify the Indemnified Parties to the extent any Losses were a result of the Indemnified Parties negligence or misconduct. Certificates of insurance must be furnished by Sponsor if requested by EH Media, LLC and must be available on-site during the show. Failure by EH Media, LLC to request proof of insurance shall not relieve Sponsor from carrying proper coverage.
11. EXHIBIT CONSTRUCTION, DECORATION, SIGNS, ETC.:
All Sponsors are expected to comply with booth construction regulations outlined in the Sponsor/Exhibitor Kit. It is the Sponsor’s responsibility to supply these regulations to its Sponsor appointed contractor. Sponsors are solely responsible for the safety of their exhibits (refer to your Sponsor/Exhibitor Kit for additional information). All special booth work must conform with exhibit regulations. Such approval and/or compliance with EH Media, LLC regulation does not constitute EH Media, LLC approval or opinion on the structural safety of construction. The Sponsor and its display company remain solely liable for the safety of their exhibit. Sponsors may choose any display company provided it meets EH Media, LLC requirements for Sponsor appointed contractors and it provides EH Media, LLC with a certificate of liability insurance and signed indemnification agreement no later than 30 days prior to the Event (see Sponsor appointed contractor approval). All bunting, draperies or other fabrics must be fireproofed before use in the decoration of any exhibit.
12. SPONSOR APPOINTED CONTRACTOR (SAC) APPROVAL:
A Sponsor Appointed Contractor (a contractor not listed in the Sponsor/Exhibitor Manual) may be used provided EH Media, LLC obtains the following 30 days in advance of Event: 1) Notification on the Sponsor’s letterhead of its intent to use the SAC; 2) Proof of the SAC’s workers compensation and personal property damage liability insurance coverage (see article 10 for additional insured information); 3) Signed SAC indemnification statement. Use of Sponsor appointed contractors is subject to their acceptance of the ChannelPro SAC contract. EH Media, LLC may deny access by or use of any SAC if these specific requirements are not met in the opinion of show management. If a Sponsor brings SAC into the exhibit facility, that Sponsor is responsible for that contractor’s workers’ compensation and liability insurance certificates and must send them to EH Media, LLC, the exhibit facility, and the general contractor. Under no circumstances will EH Media, LLC be responsible for work promised or performed by a SAC.
13. OPERATION OF EXHIBITS:
Exhibits must be designed and operated in a manner that respects the rights of other Sponsors and visitors. The following are prohibited: preparation of food, promotional contests that require physical skill, promotion of other industry expositions without prior consent of EH Media, LLC and unauthorized taking of photographs. Personnel must be dressed appropriately and confine their activities to the exhibit space of the Sponsor by whom they are employed. Sponsors are responsible for payment of fees, royalties or fines for use of work that is protected by copyright, patent or trademark. EH Media, LLC reserves the right to prohibit promotions found objectionable. Booths must be staffed at all times during scheduled exhibit hours, unless prior written permission is received from show management. Booth personnel must be 18 years of age or older.
14. SPECIAL SERVICES:
Any shipping, storage, electrical, data connections, cleaning, catering, drayage and any other services (above and beyond what is included and listed in the Sponsor/Exhibitor Kit) needed by individual Sponsor are provided only when the Sponsor orders and pays for these services.
15. CHARACTER OF EXHIBITS:
Products eligible to be exhibited include residential and commercial electronic products and related accessories and services. The Sponsor agrees to display only products of its own manufacture, or products exclusively manufactured for, or distributed by, the Sponsor and which bear the Sponsor’s name or trademark. EH Media, LLC reserves the right to order withdrawal from display any items which, in its opinion, do not comply with these requirements
16. CONTENT:
EH Media, LLC reserves the right to exclude the showing of film, photos, games or other software in the exhibit area which are deemed objectionable.
17. NOISE ABATEMENT POLICY:
Sponsors demonstrating audio equipment of any type in an open display should use a sound chamber or acoustically contained area to restrict sound levels from intruding on adjacent exhibits. Exhibit design should be such that speakers face into the booth and not toward the aisles. Demonstrations found to be objectionable due to noise level will be closed down in accordance with the EH Media, LLC noise abatement policy published in the Sponsor/Exhibitors Manual. Sponsor shall not receive a refund or damage compensation from EH Media, LLC for any action imposed in the enforcement of the noise policy. Sponsors are responsible for supervising the actions of all visitors and employees operating display equipment located in their exhibit area.
18. POLICY ON SELLING:
Over the counter sales (i.e., cash, check and/or credit cards) are not permitted. Only bona fide business orders for future delivery may be taken.
19. FOOD SERVICE:
Food and beverage consumed or distributed in any of the exhibit facilities must be purchased through the authorized in-house service supplier.
20. RESPONSIBILITY FOR PROPERTY:
In no case will EH Media, LLC be responsible for theft, loss or damage to Sponsor’s product or booth. Sponsor agrees that it is wholly responsible for protecting its property on and off Event premises. Sponsors are encouraged to secure their exhibits and products and should insure their property (from the time it leaves their warehouse until it returns) at their own expense.
21. PUBLICATION DISTRIBUTION:
Sponsors may distribute their own written materials from their exhibit and, unless permission is granted by EH Media, LLC, not outside their exhibit. Publication bins, if available, are restricted to approved publications. Other “show dailies” may not use the bins.
22. ATTENDANCE:
EH Media, LLC makes reasonable attempts to attract attendees but does not guarantee specific levels of attendance at the Event.
23. ASCAP/BMI:
Sponsors are responsible for all applicable ASCAP/BMI music licensing fees. No fees are required if music is used to demonstrate product capability.
24. AMERICANS WITH DISABILITIES ACT (ADA):
Sponsors must be in full compliance with the Americans With Disabilities Act.
25. VIOLATIONS OF REGULATIONS:
If EH Media, LLC shuts down Sponsor’s booth due to Sponsor violating Event rules and regulations, Sponsor will not receive a refund or damage compensation from EH Media, LLC.
26. LAWS:
Although EH Media, LLC and Sponsors do business in various state jurisdictions, this contract shall be governed, construed and enforced in accordance with the laws of the state of Massachusetts and its courts. In the event that it shall be necessary for EH Media, LLC to bring suit to enforce any of its rights here under, EH Media, LLC shall be entitled to recover all costs of such suits including reasonable attorney’s fees and collection fees.
27. SPONSOR/EXHIBITOR KIT:
All rules and regulations set forth in the current year ChannelPro LIVE/DEFEND Sponsor/Exhibitor Kit are regarded by both Sponsor and EH Media, LLC as an extension of this legally binding contract.