Sponsorship Application

Transcription

1 Sponsorship Application Contact Information Name of Business: Contact Person: Mailing Address: City: State: Zip: Business Phone: Cell Phone: Website: Facebook: Twitter: By checking this box you agree to the attached Village of DeForest Sponsorship Agreement. Signature: Print Name: Farmers Market Sponsorship Level Copper Sponsor $50 Silver Sponsor $100 Gold Sponsor $250 Platinum Sponsor $500 Outfield Ad First Year $400 Second Year & Beyond $150 Special Event Sponsorship Brews and Bites Series $2,500 Candle Light Hike $1,000 Friday Flicks Series $2,500 Fri-Yay! at Fireman s Series $2,500 Laser Tag Mania $1,000 Yahara Riverfest Sponsorship Please indicate field: Yahara or Fireman s Sunfish $100 Youth League/Program Grade Sponsors Sport Grade 1. $ $300 Bluegill $250 Brown Trout $500 Brook Trout $1, $300 Office Use Only: Farmers Market: (19, 1908) Outfield Ad: (19)(1934) Special Event: (23)(2305) Date Received: Processed By: Payment Method: Check Cash Fee Paid: 1

2 Village of DeForest Sponsorship Agreement THIS AGREEMENT is entered into by and between the Village of DeForest, a Wisconsin municipal corporation ("Village") and ( Sponsor ). For and in consideration of the sponsorship by Sponsor of the following program or facility the Village shall recognize such sponsorship on the Village s website and other promotional materials, if any, for the sponsored program, on the terms and conditions set forth in this Agreement. Sponsored Program or Facility: DURATION OF SPONSORSHIP. The term of Sponsor s sponsorship and of this Agreement shall be deemed to be: A. In the case of sponsorship of a facility, the term of the Scoreboard/Facility Sponsorship Agreement entered into between the parties. B. In the case of a seasonal recreational program, the commencement of the season for which a sponsorship fee has been paid until sixty (60) days prior to the commencement of the next season of the same program, or sixty (60) days prior to the anniversary date of the commencement, whichever occurs first. C. In the case of a recreational program with multiple sessions in a single year, the commencement of the session for which a sponsorship fee has been paid until the commencement of the next session of the same program or sixty (60) days following the conclusion of the sponsored session, whichever occurs first. D. Notwithstanding any of the foregoing, the Village s obligations set forth in this Agreement shall not commence until at least thirty (30) days following the payment of the applicable sponsorship fee by Sponsor. The Village s obligation to include Sponsor s information in printed material shall apply only to materials produced at least fifteen (15) days after the date of this Agreement and during the term of the sponsored session. II. SPONSOR RECOGNITION. Subject to the terms and conditions contained in this section, the Village agrees that, during the term of the sponsorship, it will: A. Identify the Sponsor by its name and/or business logo, on all printed material used to promote the sponsored program. The Village is not obligated to produce any printed materials for any program, but will include recognition of Sponsor if printed materials are prepared for the sponsored program; and B. Identify the Sponsor by its name and/or business logo, on the Village s website as a sponsor of a program. C. If the Sponsor has elected to pay the specified advertising fees, include on the Village s website a text or graphic hyperlink providing a connection to the Sponsor s website ( Sponsor s Link ). III. WEBSITE ADVERTISING. A. Sponsor s Link Target. Unless otherwise agreed, a Sponsor s Link shall be directed to the home page of Sponsor s website. Sponsor shall be responsible for providing the URL for its homepage to the Village and promptly notifying the Village in the event such URL shall change for any reason. B. Textual References. The Village s website shall, in a location reasonably proximate to the Sponsor s Link, identify the hyperlink as that of a sponsor of a Village recreation program. C. Location of Sponsor s Link. Subject only to the provisions of IIIB, the Village shall have the unrestricted right to determine the size, location and layout of the Sponsor s Link on its website and on the page on which it is displayed. D. Content of Sponsor s Website. The Village shall have the right to terminate the Sponsor s Link, or the display of the Sponsor s Link on its website, if the Village shall determine in its sole, but reasonable discretion, that any content on the Sponsor s website, directly or indirectly through links or references to other websites: 1. Is obscene, offensive or otherwise inconsistent with the values and image intended to be promoted by the Village through its recreational programs; 2. Is inconsistent with or violates any generally applicable policy of the Village with respect to permissible sponsors of Village programs; 3. Would violate any copyright, trademark, trade name, service mark or other intellectual property rights of any third party; 2

3 4. Would create an unreasonable risk of liability to the Village or its officers or employees; E. Design of Sponsor s Link. If requested by Sponsor, the Sponsor s Link shall consist of a button in the style of, or be accompanied by, the Sponsor s logo. The inclusion of Sponsor s logo shall be subject in all cases to the provisions of IVA. The design and content of any logo or other textual or graphic link shall be subject to the reasonable approval of the Village. Sponsor shall be solely responsible for providing a copy of its logo or other proposed Sponsor s Link design in an appropriate machine-readable format on transferable media as determined by the Village. F. Disclaimers. The Village shall have the right to incorporate on its website one or more disclaimers including, but not limited to, disclaimers of any business relationship between the Village and Sponsor (other than the sponsorship arrangement provided by this Agreement), statements that the Village does not endorse or control, and is not responsible for, the content of Sponsor s website or any information contained thereon or accessed through it, a statement that the sponsorship arrangement and link to Sponsor s website do not constitute Village endorsement or approval of the quality of Sponsor s products or services or its operations, and other disclaimers as the Village deems appropriate. IV. OBLIGATIONS OF SPONSOR. A. Intellectual Property. 1. Warranty of Title. The Sponsor shall be solely responsible for any legal liability arising out of or relating to the use by the Village of Sponsor s logo or other information in accordance with this Agreement or relating in any way to the content of, or accessed through, Sponsor s website. Sponsor represents and warrants that it currently holds, and throughout the term of this Agreement will hold, with the necessary rights to permit the use of its designated logo by Village for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the logo will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark or trade name, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any antidiscrimination law or regulation, or any other right of any person or entity. 2. Irrevocable License. For the term of this Agreement, and for an additional period of sixty (60) days after expiration or termination hereof, Sponsor hereby grants to the Village a limited, non-exclusive, worldwide license to use Sponsor s trademarks, trade names and logos on the Village s website and in the Village s promotional materials and advertising for its recreational programs. B. Indemnification for Liability. The Sponsor shall fully and forever indemnify the Village and hold the Village harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by the Village, arising out of or related to Sponsor s breach of any of the foregoing representations, warranties or obligations. The provisions of this subsection shall survive the expiration or termination of this Agreement regardless of the cause. C. Misrepresentation. Sponsor shall not, directly or indirectly, including through its website or any other advertising media, state or imply that the Village has endorsed, has approved, guarantees or in any other manner supports any claim with respect to the quality, value or usefulness of any of Sponsor s product or services or that the inclusion of the Sponsor s Link on the Village s website relates in any manner to the characteristics of such goods or services. V. Village Rights and Obligations. A. Removal of Sponsor s Link on Termination. Upon the expiration of this Agreement, or its earlier termination, the Village shall have the right to remove Sponsor s logo, and remove or disable any hyperlink to Sponsor s website installed pursuant to this Agreement. B. Reserved Powers. The parties acknowledge that the Village is a municipal corporation with governmental powers and obligations which cannot be lawfully waived, limited or delegated by contract. The Village reserves all right to enact, amend, modify or repeal any ordinance or resolution in the exercise of its governmental powers and the rights granted by this Agreement shall be subject to any such action. The Village may also discontinue the operation of its website if it determines that doing so is in the public interest. In the event an exercise of the foregoing powers by the Village shall have the effect of substantially altering the rights granted to Sponsor hereunder, Sponsor may, as its sole and exclusive remedy, terminate this Agreement and recover a proportionate share of the Sponsorship Fee paid for the then-current term pro-rated to the date of actual removal of the Sponsor s Link from the Village s website. C. Website Content. The Village shall retain full and exclusive control over the content of its website, subject only to the obligations expressly set forth herein. Nothing in this Agreement shall be construed to grant Sponsor any rights with respect to such content other than the right to have its name and/or logo displayed and identified as a Sponsor on the terms and conditions contained herein. 3

4 D. Maintenance of Website. Subject to the rights of the Village described in IVB, the Village shall be responsible for the general maintenance of its website and the hyperlink provided for in this Agreement. Notwithstanding the foregoing, the Village shall not be deemed in breach of this Agreement, and shall have no liability to Sponsor, for temporary inoperability of its website or Sponsor s Link due to hardware or software failures, routine or non-routine maintenance, disruption of service by the Village s internet service provider, power outages, compliance with lawful governmental or court orders or any other cause beyond the reasonable control of the Village. Sponsor acknowledges that its rights to have the Sponsor s Link displayed and functional under this Agreement are limited to those times when the Village s website is operational. E. No Guarantee of Exposure. Sponsor acknowledges that the Village has made no guarantee or assurance that any service provided by the Village under this Agreement will result in increased exposure to Sponsor or its products or services, increase Sponsor s revenues, profits or goodwill, or otherwise provide any benefit to Sponsor. To the extent the Village has provided any information or projections relating to anticipated traffic or exposure, Sponsor acknowledges that all of such information is historical only and cannot be relied upon as a measure of future results. Sponsor has made its own independent determination to enter into the Sponsorship arrangement and this Agreement without any assurance that doing so will provide it any benefit whatsoever. VI. SPONSORSHIP FEE. In consideration for the rights granted by this Agreement, Sponsor shall pay the Village a one-time fee in the amount of (the Sponsorship Fee ). The fee (does/does not) include the optional advertising fee. The Sponsorship Fee shall be non-refundable upon payment, except to the extent expressly provided otherwise in this Agreement. Check one: VII. TERMINATION. Notwithstanding the general term provided in I, this Agreement may be terminated prior to expiration: A. By the Village upon a default of any obligation of Sponsor if such default shall continue for a period of thirty (30) days after notice to Sponsor of such default. Termination under this paragraph shall not affect Sponsor s obligation to pay the Sponsorship Fee for the entire term of this Agreement. B. By mutual agreement of the parties evidenced in writing signed by both parties. C. By the Village, if it receives a claim that the Sponsor s Link violates the intellectual property rights of any third party, or any state or federal law, if the Village reasonably believes that the claim may be valid and may subject the Village to legal liability if the Sponsor s Link is maintained on Village Facilities. D. By the Village, immediately if Sponsor shall violate, or be determined or become ineligible as a sponsor under, any generally applicable policy of the Village with respect to permissible sponsors of Village programs as such policies may be adopted or amended from time to time. VIII. MISCELLANEOUS PROVISIONS. A. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Sponsor and the Village and the successors and assigns of the parties B. Assignment. Sponsor may not assign this agreement, in whole or in part, without Village s written consent. Any attempt to assign this Agreement without such consent will be null and void. C. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Wisconsin. D. Entire Agreement. This Agreement constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any purchase order or any other written material. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties. E. Authority of Signatories. The individuals signing on behalf of the Sponsor warrant and represent that they are duly authorized, in the capacity indicated in the signature blocks forming a part of this Agreement, to sign this Agreement on behalf of the Sponsor, and such signatures are sufficient to bind the Sponsor hereto. F. Immunity. Nothing contained in this Agreement constitutes a waiver of the Village's sovereign immunity under applicable law. G. Headings. Descriptive headings are for ease of reference only and shall not control or affect the meaning or construction of any provision of this Agreement. 4

5 Have additional questions? Please contact, Reese MacAskill, Recreation Supervisor. Details below. Contact Information: Reese MacAskill Recreation Supervisor Mailing Address: Village of DeForest ATTN: Reese MacAskill 120 S. Stevenson Street DeForest, WI Village of DeForest Parks & Recreation Contact Information: Office Phone: Facebook: 5