Acceptance of the Sponsorship Agreement below is the first step toward requesting Shindio to help with your sponsorship or fundraising needs.
Sponsorship Agreement with the Sponsee
Thank you for selecting the services offered by Shindio, LLC. And/or its subsidiaries and affiliates (referred to as “Shindio”, “we”, “our”, or “us”). Review these terms of service (“agreement”) thoroughly. This agreement is a legal agreement between you (referred to as “Sponsee”, or “you”) and Shindio. By accepting electronically (for example, by clicking “Submit”), installing, accessing, or using the services, you agree to these terms. If you do not agree to this agreement, then you may not use the services.
Shindio is not liable for any typographical errors or omissions contained in the content of its website or any websites linked from Shindio. Content can change quickly and Shindio gives no warranty as to the accuracy of the content of its website or any websites linked to or from Shindio.
Shindio makes no warranties of any kind, either expressed or implied, including without limitation, implied warranties of merchantability, a particular purpose, or non-infringement, regarding information that is available on Shindio ’s websites or any websites linked from Shindio.
Shindio does not warrant that its services will be uninterrupted, or free from errors, omissions, or viruses. Shindio does not make any warranty as to the results to be obtained from the use of its services or its content. The content provided by Shindio is distributed on an “as is” and “as available” basis.
Shindio’s solution for any dispute related to the use of any Shindio services, websites, or applications is your cessation of the use of all Shindio services, websites, or applications.
Shindio does not assume any liability for any unauthorized or fraudulent use of this site.
Submissions to the Shindio site, all emails, correspondence, phone calls, products, and communications, and the content thereof sent to the Shindio website shall become the property of Shindio. You acknowledge that any communication that is sent to Shindio is not confidential and can be disclosed to third Parties.
Definitions
- Sponsee = The event, event organizer, organization, or cause that is requesting Sponsor funds.
- Sponsor = The individual, product owner, department, division, or organization that is providing substantive support in the form of a Sponsorship to the Sponsee
- Sponsorship = The Sponsor provides to the Sponsee a substantive value in the form of cash, currency, credit, service, trade, barter, product, goodwill, exposure, or other. The Sponsee receives the provided value and provides in return provides some or all of the following as agreed upon with the Sponsor; exposure, co-branding, co-marketing, and product placement, and reciprocates general goodwill to the Sponsor.
- Sponsorship Deadline = the date of when the support is needed, which could be the day of, or a designated point of time prior to the event.
- The Parties = A collective term inclusive of Shindio, and the Sponsee.
Roles and Responsibilities
As a benefit service to the Sponsee, Shindio may provide referrals to, and/or match you with third-party sponsors to provide sponsorships in the various forms as requested by the Sponsee. Shindio provides no warranties or guarantees that we will be successful in providing sponsorship matches, or any or all sponsorship types requested.
Shindio may also provide referrals to service providers to provide products or services such as graphic design, printing, a venue, event management, etc. The Sponsee agrees that by providing this referral service, Shindio does not assume responsibility and shall not be held liable for any issues incurred by, or the performance of any of these referred Parties.
Permissions
The Sponsee does hereby grant permissions to Shindio allowing them to:
- Acquire one or more sponsors on their behalf.
- Conduct the transaction on their behalf.
- Return the sponsorship funds to them minus any agreed-upon fees including but not limited to Shindio’s commission.
The Sponsee releases Shindio from any and all liability, and is held harmless from any vendor, affiliate, referral, contractor, consultant, or any other third party.
The Sponsee will adhere to any and all terms, protocols and agreements that an accepted sponsor may require.
Revenue split
The revenue split for Sponsorships coordinated by Shindio shall be as follows:
- Non-profit Sponsee – Shindio will assume a maximum of 20% of Sponsored funds. Non-cash Sponsorships will have fees associated as outlined on the website. At Shindio’s sole discretion, these fees may be decreased or waived for a selected Sponsee.
- For-profit Sponsee – Shindio will assume a maximum of 40% of Sponsored funds. Non-cash Sponsorships will have fees associated as outlined on the website. At Shindio’s sole discretion, these fees may be decreased or waived for a selected Sponsee.
Brand stipulations
Digital files, logos, and branding guidelines provided by the Sponsor will only be used in accordance with the Sponsors intent of the sponsorship. The Sponsee agrees and is solely responsible to coordinate with the Sponsor to receive approvals regarding the sponsorship, including, but not limited to graphics, placement, prints, and other associated Sponsorship materials prior to the Sponsorship deadline.
Indemnification
By using the Shindio website, you agree to indemnify, defend and hold Shindio, its subsidiaries, affiliates, contractors, and their respective directors, officers, owners, employees, and agents from and against all claims and expenses, including attorney’s fees, arising out of your use of this site. If you do not agree to be bound by all of these terms and conditions, do not use the Shindio website or services.
Sponsee obligations
The Sponsee agrees to respond to the Shindio, and the Sponsor in a timely manner for all reasonably requested information, and documentation related to the Sponsee’s requested Sponsorship. The Sponsee agrees that they will provide all of the needed information to both Shindio and the Sponsor prior to 90 days before the funding deadline
Confidentiality
Confidential information (the “confidential information”) refers to any data or information relating to the Parties, whether business or personal, which would reasonably be considered to be private or proprietary to the Parties and that is not generally known and where the release of that confidential information could reasonably be expected to cause harm to the client.
The Parties agree that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information that the Parties have obtained, except as authorized by the client or as required by law. The obligations of confidentiality will apply during the term and will survive indefinitely upon termination of this agreement.
Circumvention
For Sponsorship matches that Shindio, its people, or its services create, initiate, develop or align, the Sponsee agrees not to circumvent Shindio or to remove Shindio from the Sponsorship transaction, or any future sponsorship transactions with that same sponsor. Any circumvention can result in the banning of, or permanent removal of the Sponsee from Shindio systems and services, and may result in a legal claim on any lost fees or revenue as a result of the circumvention.
Ownership of intellectual property
All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design, and trade name (the “intellectual property”) that is developed or produced under this agreement, is a “work made for hire” and will be the sole property of the divulging party. The use of the intellectual property by the Parties will not be restricted in any manner providing such intellectual property is used in good faith, and within the parameters intended by the Sponsorship and authorized by the divulging party.
The Parties may not use the intellectual property for any purpose other than the purpose of the Sponsorship as outlined in this agreement except with the written consent of the divulging party. The Party responsible for the breach will be responsible for any and all damages resulting from the unauthorized use or their negligence regarding the intellectual property.
Currency
Except as otherwise provided in this agreement, all monetary amounts referred to in this agreement are in USD (us dollars) and/or (barter exchange dollars).
Sponsor trademarks and materials
Subject to the terms and conditions of this agreement, the Sponsee agrees to responsibly use the Sponsor’s trade names, logo designs, trademarks, and company descriptions as provided in the Sponsor’s marketing materials. These assets may be used in any medium of advertising, promotional products, or marketing materials distributed solely in connection with Sponsee. Sponsee agrees to use materials according to Sponsor’s trademark usage guidelines.
Sponsee agrees to only use the Sponsor’s trade names, logo designs, trademarks, and company descriptions for the specific event, term, series, or period of time as agreed and permitted by the Sponsor. The Sponsee will be liable directly to the Sponsor for any breach or inappropriate use of the Sponsor’s said materials.
Indemnity
The Sponsee will indemnify, defend, and hold the Shindio harmless from and against any claims relating directly or indirectly to, or arising out of, the use of the Sponsor’s materials, use of Sponsor’s logos and trademarks, content posted on the Parties respective websites marketing materials or their various distributed services.
Limitation of liability
In no event shall either Party, their ownership, their employees, or their contractors be liable to any of the other Party in this agreement for any consequential, incidental, indirect, or punitive damages regardless of whether such liability results from a breach of contract, breach of warranties, tort, strict liability, or otherwise.
Term and Termination
This agreement will be valid for a period of two years from whichever is last; the last date of using, or receiving a Shindio service, or the last date of receiving sponsorship from any sponsor that Shindio, its people, or its services created, initiated, developed, or aligned.
The Parties may terminate this agreement at any time for any reason. In the event that one of the Parties determines to terminate this agreement for any reason other than a breach of agreement, the party may do so by providing written notice to the other Party a minimum of 30 days prior. Upon such termination, Shindio, or the Sponsor may request that the Sponsee refund or return any unused funds or products received from Shindio or the Sponsor and return any materials, Sponsor-branded products, equipment, hardware, or software loaned by Shindio or the Sponsor for the purpose of the sponsorship, at the Sponsee’s expense. The Sponsee will also be immediately removed from the Shindio Sponsorship program and will be ineligible to re-join at a future time without written approval from Shindio directors. It is recognized by the Parties that while the act of presenting a termination letter, may cease certain performance obligations of the parties, it does not invalidate or alter that termination period and associated stated or implied obligations of this agreement as stated in the previous paragraph.
Mandatory Mediation and Arbitration
In the case of a disagreement at any point, both parties will pursue mandated mediation to resolve the issue. If the Parties are still not satisfied, they will pursue mandated arbitration by referring the matter to an independent arbitrator appointed by mutual agreement in The United States of America, in the state of Utah.
If the disagreement is between the Sponsee and the Sponsor, they will arbitrate with one another with no need or involvement from Shindio providing their claim or disagreement does not impact or affect Shindio in any way.
Miscellaneous
This agreement will supersede any or all prior oral or written forms of understanding between the Parties. This agreement may not be amended or modified except when the Parties execute amendments in writing and amendments are signed by all Parties.
This agreement does not preclude or limit the ability of the Sponsor and the Sponsee to work together separately without Shindio, provided that Shindio continues to receive its fees and commissions for any ongoing or future sponsorship arrangements between the two. Such external agreements shall not supersede or preclude this agreement
This agreement shall be governed by and executed in accordance with the laws of The United States of America, and the State of Utah applicable to all agreements made and to be performed.
Modification of agreement
Shindio reserves the right to modify this agreement without prior written notice to either party. When such modifications are made, Shindio will make a reasonable effort to notify the Sponsee of said changes. By continued use of Shindio’s websites, applications, and services, the Parties show that they are in agreement with the terms of this agreement.
Any amendment or modification of this agreement or additional obligation assumed by either party in connection with this agreement will be binding if evidenced in the continued use of Shindio’s website, or services, or by writing and signed by each party or an authorized representative of each party.
Inurement
This agreement will inure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, and permitted successors and assigns.
No exclusivity
The Parties acknowledge that this agreement is non-exclusive and that either party will be free, during and after the term, to engage or contract with third parties for the provision of services similar to the services provided, and/or discussed above.
Contact information
You may contact Shindio with questions or problems with this site by mail or by email:
Shindio, LLC
P.O. BOX 53
Clearfield, Utah 84089
or at
Events@Shindio.com
By completing the fields below and clicking Submit, you’re agreeing to the above Sponsorship Agreement as if you had signed the agreement in person.