THIS SPONSORSHIP AGREEMENT ("Agreement") is hereby entered into by and between Dig Safely New York, a New York nonprofit corporation with offices at 6706 Collamer Road, East, Syracuse, NY 13057 ("Dig Safely"), and the Sponsor, on the date this Agreement is electronically accepted and submitted by the Sponsor through Dig Safely's website. For and in consideration of the material covenants and promises set forth herein the receipt and sufficiency of which is hereby agreed and acknowledged, the parties agree as follows:
Dig Safely is hosting nine Excavator Safety Seminars (each event is a "Seminar") throughout the State of New York, and the Sponsor desires to sponsor one or more Seminars.
2. Dig Safely's Obligations.
In consideration for the Sponsor's participation in the Seminar(s), Dig Safely shall provide the Sponsor with the benefits set out in Section 4, depending on the type of Sponsorship agreed to.
3. Sponsor's Obligations.
For its participation as a Sponsor in the Seminar(s), the Sponsor shall pay to Dig Safely the Sponsorship Fee set forth in Section 4, depending on the type of Sponsorship agreed to.
4. Types of Sponsorship.
(a) PLATINUM SPONSOR - $1,250 Sponsorship Fee
Sponsor's logo in sponsor section of Seminar program for all nine events. Sponsor's logo linked on the Dig Safely sponsor's web page. Sponsor's handout to be included in attendee welcome bags (handout provided by Sponsor). Complementary one-year Sustaining Membership
valued at $175. Complementary exhibit space at one Seminar.
(b) DIAMOND SPONSOR - $2,500 Sponsorship Fee
Sponsor's logo in sponsor section of Seminar program for all nine events. Sponsor's logo linked on Dig Safely's announcement page for the Seminars. Sponsor's logo linked on Dig Safely sponsor's web page. Sponsor's logo included on the invite mailed to 20,000+ excavators.
Sponsor's handout to be included in attendee welcome bags (handout provided by Sponsor). Pre-registered attendee list provided to Sponsor two weeks before each Seminar (to include mailing address OR email address for the registered attendee). Complementary one-year
Sustaining Membership valued at $175. Complementary exhibit space at any or all of the nine Seminars. Half-page full-color ad in Seminar program for all nine Seminars. Social Media promotion leading up to the Seminars.
(c) EXHIBITOR ONLY SPACE
Booth spaces are limited and are reserved on a first-come-first-serve basis.
Exhibitor space at one Seminar – $300 Sponsorship Fee (regular rate)
Exhibitor space at two Seminars – $600 Sponsorship Fee (regular rate)
Exhibitor space at three Seminars – $900 Sponsorship Fee (regular rate)
Exhibitor space at four Seminars – $1,100 Sponsorship Fee (regular rate)
Exhibitor space at five Seminars – $1,400 Sponsorship Fee (regular rate)
Exhibitor space at six Seminars – $1,600 Sponsorship Fee (regular rate)
Exhibitor space at seven Seminars – $1,800 Sponsorship Fee (regular rate)
Exhibitor space at eight Seminars – $2,000 Sponsorship Fee (regular rate)
Exhibitor space at nine Seminars - $2,200 Sponsorship Fee (regular rate)
(d) PROGRAM AD
Programs are seen by more than 3,000 attendees annually at the nine Seminars.
Full-page ad – $500 Sponsorship Fee
Half-Page ad – $300 Sponsorship Fee
Quarter-page ad – $150 Sponsorship Fee
(e) MEMBER UTILITY SPONSORSHIP - $1,000/Seminar Sponsorship Fee
This sponsorship is exclusive to member utilities and benefits are per Seminars cost. Sponsor's logo in the sponsor section of the Seminar program for all nine events. Optional handout to be included in the attendees' welcome bag at all nine Seminars. Sponsor's linked logo on Dig Safely's Safety Seminars announcement webpage. Sponsor's linked logo on Dig Safely's Seminars sponsor's webpage. Sponsor's logo included on the invite mailed to 20,000+ excavators. Post event sign-in sheets for each sponsored Seminar provided to Sponsor by April 30, 2020. Sponsor's logo on Dig Safely's signage display prominently displayed at each Seminar. A complementary exhibit space at each sponsored Seminar. Speaking opportunities during the Utility Awareness section of the program at each sponsored Seminar. All documentation requested
will be included for your public awareness efforts. Inclusion as a Sponsor in the Annual Report. Inclusion on signage at the Annual Business Meeting.
(f) LUNCH SPONSOR - $1,000/Seminar Sponsorship Fee
As the Lunch Sponsor, you are entitled to an exhibit space at that respective Seminar, as well as the chance to address all attendees. Sponsor's organization will be included on signage and on the website as the Lunch Sponsor. This sponsorship is exclusive to one Sponsor for each
of the nine Seminars, and is offered on a first-come-first-serve basis.
(g) BAG SPONSOR - $1,000/Seminar Sponsorship Fee
Sponsor's logo will appear on one side of the attendee welcome bag for sponsored Seminar. Dig Safely's logo will appear on the opposite side of the bag. This sponsorship is exclusive to one Sponsor for each of the nine Seminars, and is offered on a first-come-first-serve basis.
(h) WELCOME SPONSOR - $650/Seminar Sponsorship Fee
As the official Welcome Sponsor, you will be allowed representatives of your company to "man" the breakfast bar for greetings, conversation, and networking. Sponsor will also be provided with a banner on the front of the breakfast bar stating, "(Insert Sponsor's Name) welcomes you
to the [Seminar Year] Dig Safely New York Excavator Safety Seminar." This sponsorship is exclusive to one Sponsor for each of the nine Seminars, and is offered on a first-come-first-serve basis.
(i) BREAK SPONSOR – $500/Seminar Sponsorship Fee
As a Break Sponsor, you will be provided with a public announcement at the event as well as signage indicating sponsorship of the break. This sponsorship is exclusive to one Sponsor for each of the nine Seminars, and is offered on a first-come-first-serve basis.
(j) COMMERCIAL SPONSOR – $500/Full Spot Sponsorship Fee and $100/Transitional Spot Sponsorship Fee
Stand out during the presentation and align your organization with safety, as a Commercial Sponsor! Feature your logo and your message to each attendee at all nine (9) seminars, during the Dig Safely New York presentation.
Payment of the full Sponsorship Fee shall accompany the Sponsor's online registration through Dig Safely's website. Failure to pay the full Sponsorship Fee with this Agreement may result in termination of this Agreement.
Dig Safely may terminate this Agreement upon 30 days written notice. Sponsor may terminate this Agreement upon written notice to Dig Safely. Sponsor cancellations that are submitted in writing to Dig Safely more than 60 calendar days before the Seminar will be fully (100%)
refunded, unless: 1) a Sponsor's advertisement has already been printed in the Seminar programs, and then no refund will be given; or 2) a Sponsor's advertisement has gone to print on any of the Seminar materials other than the program, and then only a $500 will be given. No
refunds will be given to Sponsor cancellations received 60 calendar days or less before the Seminar date.
7. License and Usage.
Subject to the terms and conditions of this Agreement, Sponsor grants to Dig Safely a limited, non-exclusive license to use Sponsor's name, trade names, trademarks, service marks, logos, designs and other proprietary information ("Proprietary Information") owned by Sponsor. Dig
Safely agrees that such Proprietary Information will be used only in connection with the Seminar(s) to provide the benefits set forth in this Agreement and such other benefits as the parties may agree to.
8. Proprietary Information.
Sponsor must provide all Proprietary Information necessary for Dig Safely to complete this Agreement at least 60 calendar days before the Seminar, or as otherwise agreed to in writing by the parties. If the Sponsor fails to provide the Proprietary Information when required,
Dig Safely may terminate this Agreement without any penalty. All Proprietary Information must be provide to Dig Safely in JPEG format or it will not be accepted.
In case of any failure to perform its obligations under this Agreement, Dig Safely's liability and damages is limited to fifty percent (50%) of the Sponsorship Fee, and such amount shall be Sponsor's sole remedy.
10. Sponsor Understanding.
Sponsor understands that the audience multiplier is based upon estimates of Dig Safely Seminar(s) attendance and actual attendance figures may vary materially. No portion of the Sponsorship Fee is subject to being refunded for any reason except as provided in Section 6.
Sponsorships are not exclusive unless otherwise set forth in this Agreement.
Sponsor shall indemnify, defend and hold harmless Dig Safely from any loss of or damage to property of Sponsor, its employees, agents, contractors or assigns or for any personal injury to Sponsor's officer, directors, employees, agents, contractors and/or invitees. Sponsor shall indemnify, defend and hold harmless Dig Safely from and against any claims arising out of, or relating directly or indirectly to, content on their respective web sites, use of Sponsor's Proprietary Information and Sponsor's materials.
12. Limitation of Liability.
In no event shall a party be liable for or obligated in any manner to pay any consequential, special, punitive or indirect damages to the other party or to any of its agents, employees, contractors, representative or affiliates for breach of any sections of this Agreement.
Notices sent to either party shall be effective when delivered in person; effective immediately if transmitted by e-mail; one (1) day after being sent by overnight courier; or two (2) days after being sent by first class mail postage prepaid. A PDF of this Agreement and notices generated in good form by PDF shall be treated as "original" documents admissible into evidence unless a document's authenticity is genuinely placed in question. Any notices shall be addressed as follows:
- Dig Safely:
6706 Collamer Road
East Syracuse, New York 13057
Phone: (315) 437-7394
- Any party may change its address by delivering a written change of address to the other party in the manner set forth in this Section. All parties must maintain a valid mailing address at all times. If any party fails to maintain a valid mailing address or fails to notify the other party of a change in address, any notice, payment, demand, or communication shall be deemed effectively given and received two (2) days after the date when deposited by registered or certified mail, with postage and charges prepaid, to the last known address.
- 14. Disputes, Choice of Law.
This Agreement shall be governed by and construed in accordance with the substantive laws of the United States and New York, without regard to principles of conflict of law. All actions arising out of or relating to this Agreement will be heard and determined exclusively by the Courts of the State of New York in Erie County or the United States District Court for the Western District of New York.
15. Entire Agreement.
This Agreement and any accompanying attachments specifically referenced herein constitute the entire Agreement between the parties with respect to the subject matter hereof and supersede all other communications, whether written or oral.
This Agreement may be modified or amended only by a writing signed by the party against whom enforcement is sought.
This Agreement may not be assigned by either party without prior written consent of the other party.
This Agreement does not constitute and shall not be construed as constituting a partnership, or joint venture relationship between or among the parties.
Any provision hereof found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically confirmed to the minimum requirements of law and all other provisions shall remain in full force and effect.
Headings are for reference purposes only and have no substantive effect.
The person executing this Agreement on behalf of the Sponsor hereby represents and warrants that he/she has the fully power to enter into and perform according to the terms of this Agreement.
By checking the box indicating that Sponsor read, acknowledges and accepts the terms and conditions of this Agreement, the Sponsor agrees to be bound by the terms of this Agreement. Dig Safely reserves the right to accept this Agreement until it receives Sponsor's full Sponsorship Fee. If Dig Safely does not receive Sponsor's full Sponsorship Fee within five (5) business days from the date Sponsor agreed to this Agreement, this Agreement may be deemed terminated.