Sponsor Terms and Conditions
1. CONTRACT FOR SPACE:
The Application/Contract for EXPO Sponsorship or Exhibit Space (Sponsor & Exhibitor are interchangeable terms) shall be considered binding contracts between the two parties and subject to the rules and regulations as set forth by Abacus Data Systems in the contract when it is submitted. By submitting this application, the applicant releases ABACUS DATA SYSTEMS from any and all liabilities to applicant, its agents, licensees, or employees that may arise or be assessed as a result of submission of an application or of participation in this Exposition. ABACUS DATA SYSTEMS reserves the right to refuse any applications without explanation.
2. CANCELLATION AND DOWNGRADES:
In the event any Exhibitor must downgrade or cancel any of the items contracted for herein, the Exhibitor must do so in writing via email request. Full cancellations and downgrades will be accepted only at the discretion of ABACUS DATA SYSTEMS. In the event of a full cancellation or downgrade, the Exhibitor is liable under the following terms:
- Cancellation outside of 90 days no Fee
- Cancellation 89-60 days prior a Fee of 25% of Total Cost
- Cancellation 59-30 days prior a Fee of 50% of Total Cost
- Cancellation within 30 days a Fee of 100% of Total Cost
Failure to make full payment by June 9, 2017 for any items contracted will subject Exhibitor to cancellation of Contract by ABACUS DATA SYSTEMS, removal from printed and online materials, forfeiture of any payment(s) made, and liability for any balances due. If booth space is not occupied by 2 hours before the show opens, ABACUS DATA SYSTEMS shall have the right to use such space and Exhibitor forfeits their booth space and all monies paid - subject to the discretion of the show manager.
Re-letting by ABACUS DATA SYSTEMS of an Exhibitor’s canceled space shall not act to excuse that Exhibitor from assessment. The Exhibitor is responsible for the total exhibit space rental fee irrespective of the reason for cancella-tion, including cancellation by ABACUS DATA SYSTEMS of the exposition in whole or part as a result of a strike, civil disorder, act of war, act of God, or any reason of any kind whatsoever not within ABACUS DATA SYSTEMS control. However, in such instance of ABACUS DATA SYSTEMS cancellation, ABACUS DATA SYSTEMS will make every reasonable effort to reschedule or conduct the Conference and EXPO despite such acts or circumstances beyond its control. Should it ultimately be impossible to hold the event in such instances, ABACUS DATA SYSTEMS may retain and/or will be due such part of the Exhibitor’s exhibit space rental fee as shall be required to compensate ABACUS DATA SYSTEMS for expenses incurred up to the time a contingency beyond its control have occurred. All payments in excess of such expenses will be refunded. ABACUS DATA SYSTEMS may terminate this Agreement for con-venience upon written notice. If ABACUS DATA SYSTEMS does so, ABACUS DATA SYSTEMS will refund all Fees paid.
3. ARRANGEMENT OF EXHIBITS:
All booths will be of various configurations dependent upon level of sponsorship and location on the EXPO floor. The space provided will be shown on the floor plan insofar as possible via the EXPO floor plan. ABACUS DATA SYSTEMS reserves the right to make changes in the location, size, and display limits of any booth if in its sole judgment this is in the best overall interest of the EXPO and Conference.
4. USE OF SPACE:
Exhibitors may not share, sublet, assign, or apportion any part of the space allotted, nor represent, advertise, or distribute literature for the products or services of any other firm or individual except as approved in writing by ABACUS DATA SYSTEMS. No Exhibitor will be permitted to display outside the confines of the assigned booth space in the EXPO area, including the headquarters hotel, without written permission from ABACUS DATA SYSTEMS.
ABACUS DATA SYSTEMS reserves the rights to restrict exhibits, which become objectionable or otherwise detracts from or are out of keeping with the character of the EXPO as a whole. ABACUS DATA SYSTEMS may prohibit installation or request removal or discontinuance of any exhibit or promotion, which, if it continues, departs substantially from the design and description given advance approval. In the event of such restrictions or evictions, ABACUS DATA SYSTEMS is not liable for any refund of rental or other expenses.
6. SOUVENIRS AND SAMPLES:
Distribution of souvenirs and samples is permitted provided there is no interference with other exhibits. ABACUS DATA SYSTEMS may withdraw permission to distribute souvenirs, advertising, or any other material it considers
7. DIRECT SALES:
Direct sales (the exchange of merchandise for money) are not permitted on the EXPO floor without written permission from ABACUS DATA SYSTEMS. Orders only may be taken for later fulfillment.
Suites and conference/session rooms must be reserved through ABACUS DATA SYSTEMS. Hospitality suites and conference/ session rooms may be open only during hours specified by ABACUS DATA SYSTEMS. Vendors cannot
independently reserve space at the location of the conference or within five miles of the conference for the purpose of holding a hospitality suite, seminar or any other related function that promotes their company or product
without consent from ABACUS DATA SYSTEMS. Failure to comply may result in vendors not being allowed to exhibit. Any cost associated with hospitality suites and conference/session rooms are the responsibility of the vendor.
9. BREAKOUT SESSION PRESENTATION STIPULATIONS:
If a breakout session presentation is scheduled, the presentation must take place. My company (The Sponsor) understands that if we are unable to make this presentation, it is my company’s responsibility to find a suitable replacement to present the topic
agreed upon or we will forfeit our fee. This forum should be structured as an educational interchange. All sessions should provide or discuss application solutions, case studies, or functional overviews. It is the speaker’s responsibility to provide handouts for the
attendees. ABACUS DATA SYSTEMS reserves the right to review all materials prior to accepting your presentation and placing it on the agenda. Attendance numbers are not guaranteed. The standard audio/visual supplied is an LCD projector and screen. Any
additional or alternative requirements must be procured and paid for by the exhibitor/speaker.
10. SPONSOR/EXHIBITOR/SPEAKER BADGES:
All badge types provide access to all Conference activities and venues, unless otherwise stated by conference management and/or stated in conference printed materials.
The operation of games of chance or lottery devices, or the actual simulated pursuit of any recreational pastime is permitted only to the extent permitted by applicable law and on written approval from ABACUS DATA SYSTEMS.
12. AVAILABLE SERVICES:
On behalf of the Exhibitors, ABACUS DATA SYSTEMS has designated official EXPO contractors to provide the following: drayage, labor, cartage, installation and dismantling, furniture, booth and floor decorations, signs, photographs, telephone
services, etc. Services of electricians, plumbers, carpenters, and other labor will be available and charged for at the then-prevailing rates.
Contractors and rates will be listed in the Exhibitor Services Kit to be issued separately. ABACUS DATA SYSTEMS assumes no responsibility or liability for any of the services performed or materials delivered by the foregoing persons, parties, and
organizations. Arrangements for these services and payments are to be made between Exhibitors and official Exposition contractors. Any refunds are also decided between these parties.
13. PERMISSION TO USE MATERIALS:
Exhibitor grants ABACUS DATA SYSTEMS and its employee’s, agent’s, contractor’s or representative’s permission to use, reproduce, combine with other works, and publish worldwide in all media, Exhibitor’s trademarks, product names or descriptions and logo(s) and any materials Exhibitor provides for the purpose of, or as result of, Exhibitor’s participation in Event, including, without limitation, posting on websites, or publishing in other print or electronic media, brochures, newsletters, advertisements, and magazines. ABACUS DATA SYSTEMS may edit materials only as necessary to conform them to a given media, e.g., changing the size of an image, but will not modify Exhibitor’s trademarks or logos in any other way without Exhibitor’s prior written consent.
14. LIABILITY AND INSURANCE:
ABACUS DATA SYSTEMS will provide regular guard service in the EXPO area, if in ABACUS DATA SYSTEMS’s judgment it will be needed during off hours. ABACUS DATA SYSTEMS however, will not be liable for damage or loss to any exhibitors’ properties through theft, fire, accident, or any other cause, whether the result of negligence or otherwise. The Exhibitor shall indemnify ABACUSDATA SYSTEMS against and hold it harmless from any complaints, suits, or liabilities resulting from negligence of the Exhibitor in connection with the Exhibitor’s use of display space.
Exhibitors shall insure their exhibit and display materials. Exhibitors must carry a minimum of $500,000 Public Liability Insurance for bodily injury, $1,000,000 in any one accident, and $250,000 property damage. The exhibitor shall obtain a waiver of subrogation releasing the carrier’s subrogation rights from any insurance carrier, which carries fire, explosion, or any other risk coverage insuring their property. ABACUS DATA SYSTEMS assumes no liability for any injury that may occur to visitors to the Exposition. Exhibitors agree not to make any claims against ABACUS DATA SYSTEMS, its employees or agents. Regarding marketing promotions, ABACUS DATA SYSTEMS’ liability will be limited to the loss of the promotion. This includes instances where ABACUS DATA SYSTEMS fails to execute their responsibilities.
15. INTERPRETATION AND ENFORCEMENT:
These regulations become a part of the contract between the Exhibitor and ABACUS DATA SYSTEMS. ABACUS DATA SYSTEMS has full power of interpretation and enforcement of these rules and may amend them at any time. Also, the Exhibitor agrees to abide by all additional reasonable rules and regulations published from time to time. All matters in question not covered by these regulations are subject to the decision of ABACUS DATA SYSTEMS and all decisions so made shall be binding on all parties affected by them as the original regulations. Exhibitors or their representatives who fail to observe these conditions of contract or who in the opinion of ABACUS DATA SYSTEMS conduct themselves unethically may be dismissed from the EXPO without refund or other appeal.
16. ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. There are no agreements, representations, warranties, promises, covenants, commitments or undertakings other than those expressly set forth herein. This Agreement (updated on 1/31/18) supersedes all prior agreements, representations, warranties, promises, covenants, commitments or undertaking, whether written or oral, with respect to the subject matter contained in this current version of the Agreement.
No amendment, modification, change, waiver, or discharge hereof shall be valid unless in writing and signed by an authorized representative of the party against which such amendment, modification, change, waiver, or discharge is sought to be enforced.
18. GOVERNING LAW:
These Terms and Conditions and/or the Contract between the Exhibitor and ABACUS DATA SYSTEMS related to the EXPO shall be construed under the laws of the State of California regardless of conflict of law provisions. Exhibitor and ABACUS DATA SYSTEMS irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in San Diego County, California for all disputes arising out of or relating to these Terms and Conditions and/or the
Contract between Exhibitor and ABACUS DATA SYSTEMS related to the EXPO.
19. PREVAILING PARTY:
In the event of any litigation arising out of or related to these Terms and Conditions and/or the Contract between Exhibitor and ABACUS DATA SYSTEMS related to the EXPO, the prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses associated with such proceedings, including reasonable attorney’s fees. For purposes of this provision, if a matter is filed in any venue other than the state or federal courts in San Diego County, California and the matter is dismissed for improper venue, the party that did not file the action shall be deemed the prevailing party in that action.
20. OTHER TERMS AND CONDITIONS:
The Exhibitor shall comply with all fire laws, electrical codes and all other rules, regulations, codes or statutes with respect to the installation, conduct and dis-assembly of its exhibit. Exhibitor shall also comply with all reasonable requests of ABACUS DATA SYSTEMS and the conference site officials with respect to
the installation, conduct and disassembly of the exhibit.
Exhibit shall be conducted in a decorous manner in order not to be objectionable to other exhibitors, site management, the Conference, or the conference attendees. All exhibits should be ready by 8a.m. for the opening of the EXPO on July 9, 2018. ABACUS DATA SYSTEMS will not allow any noise or moving of exhibits after this time.
ABACUS DATA SYSTEMS and site management reserve the right to close, remove, or require changes in any exhibit or to remove any of the Exhibitor’s personnel, agents, representatives, independent contractors, invitees or guests who are deemed detrimental to the overall Conference and Exposition, the conference site, other exhibitors, or conference attendees.
While attendance goals may be discussed prior to the conference, no figure is guaranteed and there will be NO refunds due to numbers of enrollments. The license granted by this Contract is personal and may not be transferred without the consent of ABACUS DATA SYSTEMS. The premises are licensed on an “as is” basis and ABACUS DATA SYSTEMS will not be liable for pre-existing conditions of the premises or for conditions ensuing during the period of
the License. The Exhibitor shall return the premises in as good condition as they were received. ABACUS DATA SYSTEMS shall in no event be liable to the Exhibitor in excess of any consideration paid by the exhibitor to the conference and received by ABACUS DATA SYSTEMS for breaches of Contract or tortuous conduct by ABACUS DATA SYSTEMS, by its agents, representatives and independent contractors whether acting within or out of the scope of their authority by agents, representatives or independent contractors of the conference site or by the general public.
ABACUS DATA SYSTEMS shall not be liable for failure to perform its obligations under this contract due to strikes, riots, acts of God, or any other cause beyond its control. Anyone visiting, viewing or otherwise participating in the EXPO is deemed to be the invitee or licensee of the Exhibitor rather than the invitee of ABACUS DATA SYSTEMS. The conference site shall not be liable for injury of any type from any cause to property of the Exhibitor or to persons conducting or otherwise participating in the conduct of the exhibit or to invitees or guests of the Exhibitor. The Exhibitor assumes full responsibility and liability for the actions of its agents, employees or independent contractors, whether acting within or out of the scope of liability resulting directly or indirectly, or jointly, from other causes which arise because of the actions or omissions of its agents, employees or independent contractors, whether acting within or out of the scope of their authority. There is no other agreement or warranty between the Exhibitor and ABACUS DATA SYSTEMS except as set forth in this Application and Contract for Exhibit Space & Presentations. The rights of ABACUS DATA SYSTEMS under this Contract shall not be deemed waived except as specifically stated in writing and signed by an authorized representative of ABACUS DATA SYSTEMS.