Sponsor’s Agreement

Acceptance of the Sponsor’s Agreement below is the first step toward improving our communities through sponsorships of great events, causes, and organizations.

Sponsorship Agreement with the Sponsor

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 “Sponsor”, 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 our 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 to or 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 or through 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

1. 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 Sponsor, Shindio may provide referrals to, and/or match you with third-party Sponsee(s) requesting sponsorships in various forms. Shindio provides no warranties or guarantees to any degree of success in providing sponsorship matches, for any or all sponsorship types desired.

Shindio may also provide referrals to service providers to provide products or services such as, but not limited to graphic design, printing, a venue, event management, etc. The Sponsor 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.

Revenue split

The service fees for Sponsorships coordinated by Shindio shall be as follows:

1. 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.

It is understood and accepted by all parties that Shindio reserves the right to adjust, add or remove these fee amounts and any other fee amounts at its sole discretion. All parties understand that unless otherwise negotiated and stated in writing prior to the engagement of our services, the above fee schedules will be expected and applied to all transactions.

Brand stipulations

Shindio agrees that any digital files, logos, and branding guidelines provided to Shindio by the Sponsor will only be used in accordance with the Sponsor’s intent of the sponsorship. The Sponsor agrees and acknowledges that they are solely responsible for providing any digital files, logos, and branding guidelines or any other required Sponsorship-related materials directly to the Sponsee, and that Shindio is in no way responsible for forwarding, delivering, or conveying any said materials, instructions, information or communications to or from the Sponsee.

The Sponsor agrees that following the completed financial transaction of their sponsorship, they are solely responsible to coordinate with the Sponsee to provide any and all approvals regarding the Sponsorship, including, but not limited to graphics, placements, prints, products, and any other associated Sponsorship materials with reasonable and sufficient time prior to the Sponsorship Deadline to allow the Sponsee to effect any necessary Sponsorship related activities.

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.

Sponsors obligations

The Sponsor agrees to respond to the Shindio, and the Sponsee in a timely manner for all reasonably requested information, and documentation related to the Sponsorship. The Sponsor 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 either party.

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 Sponsor agrees not to circumvent Shindio or to remove in any way 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 Sponsor 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).

Indemnity

The Sponsor will indemnify, defend, and hold Shindio harmless from and against any claims relating directly or indirectly to, or arising out of, the Sponsee’s use of the Sponsor’s materials, logos, trademarks, content posted on the Party’s 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 breaching party’s expense. The breaching party will also be immediately removed from the Shindio Sponsorship program and will be ineligible to rejoin 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 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:

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.