These terms and conditions comprise 3 parts:
Part A – Standard terms and conditions
Part B – Notional costs and invoice barter
Part C – Exhibition stand terms and conditions
Part A and B will apply for all Media Partnerships. Where the Order Form includes an exhibition stand, the terms and conditions set out in Part C will also apply.
Part A – Standard terms and conditions
1. Media Partner shall not represent itself as being an agent of dmg and must not engage in any activity implying that it is contacting dmg’s clients (including but not limited to Event advertisers, exhibitors or delegates) for or on behalf of dmg or the Event unless expressly authorised in writing to do so by dmg.
2. Unless otherwise agreed in writing, Media Partner must provide, copies of all Advertising 7 days in advance of publication for prior approval by dmg.
3. Save in relation to post-event editorial (if applicable) all Advertising must be published prior to the start date of the Event for pre-event exposure, unless otherwise agreed in writing.
4. Prior to Media Partner sending any Advertising by email, Media Partner must first send a test copy of the email to dmg for written approval by dmg (including by email) and dmg have the right to make any amendments that they, acting reasonably, consider necessary. The dmg marketing contact must also be copied into the distribution list of all Advertising sent by email.
5. Media Partner will provide to dmg logos in both EPS and JPEG format in high definition (“Media Partner Content”) within 7 days of this Agreement.
6. During the term of this Agreement, Media Partner hereby grants dmg a non-exclusive, royalty free licence to use the Media Partner Content on its website and in the promotion of the Event subject to any instructions or brand guidelines as may be reasonably notified to dmg by Media Partner (“Event Advertising”). All such Event Advertising will be at dmg’s sole discretion and subject to receipt of the Media Partner Content from Media Partner in accordance with clause 5. dmg acknowledges that nothing in this Agreement shall confer on dmg any right of ownership in the Media Partner Content.
7. Media Partner warrants that it owns or is licensed to use all Media Partner Content for the purposes of this Agreement and that the Media Partner Content shall not infringe the intellectual property rights of any third party, be defamatory, indecent or otherwise unlawful.
8. During the term of this Agreement, dmg hereby grants Media Partner a non-exclusive, royalty free licence to use any content or material supplied by dmg to Media Partner (“dmg Content”) in the Advertising subject to any instructions or brand guidelines as may be reasonably notified to Media Partner by dmg. Media Partner acknowledges that nothing in this Agreement shall confer on Media Partner any right of ownership in the dmg Content.
9. dmg warrants that it owns or is licensed to use all dmg Content for the purposes of this Agreement and that the dmg Content shall not infringe the intellectual property rights of any third party, be defamatory, indecent or otherwise unlawful.
10. Press passes issued by dmg for the Event are for the registered representative only and are not transferable. Press passes will only be issued to those who have valid press/media accreditation and all press passes are issued in accordance with the terms and conditions for the press passes issued by dmg from time to time. Representatives will be required to present valid accreditation onsite.
11. Press pass registration forms must be received by dmg at least 7 days prior to the Event.
12. dmg retains the right to limit or ban the access of press to the Event and/or any individual sessions at the Event.
13. In any editorial, Media Partner is required to name the Event as the information source, accredit “dmg :: events (UK) Ltd” as the event organiser, and send a copy of any article(s) to dmg within 14 days of publication.
14. Media Partner warrants that it will comply with all applicable laws and regulations in relation to the performance by it of its obligations under this Agreement.
15. Media Partner will ensure it abides with all applicable data protection laws the territories in which it operates. All emails will only be sent to individuals who have consented to receive marketing communications by email.
16. Media Partner shall indemnify dmg on demand against any and all losses, liabilities, claims, demands, damages, costs and expenses (including reasonable legal fees) suffered or incurred by dmg and arising out of or in connection with any breach by Media Partner of the terms of clauses 7, 15 and 16.
17. dmg may terminate this Agreement if:
a. Media Partner fails to observe or perform any of the Agreement terms and conditions;
b. Media Partner becomes bankrupt or makes an arrangement or compromise with his creditors or, being a Company, enters into liquidation whether compulsory or voluntary (save for the purposes of amalgamation and/or reconstruction) or suffers the appointment of a receiver, administrative receiver or administrator, or enter into or suffers any similar insolvency procedure under any jurisdiction; or
c. Media Partner fails to respond to communications (including but not limited to emails) sent by dmg within 14 days of dmg sending such communications.
18. In the event that the facility in which the event is to be held or is held is destroyed or becomes unavailable for occupancy, for reasons beyond the reasonable control of dmg, or if for any reason the event is cancelled or curtailed, dmg will not be responsible for any loss of business, loss of profits, damage or expense of whatever nature that Media Partner may suffer. The reasons listed include, but are not limited to, such reasons as: casualty, explosion, fire, lightning, flood, weather epidemic, earthquake or other Acts of God, acts of public enemies, riots or civil disturbances, strike, lockout or boycott or other force majeure events.
19. The Media Partner shall not assign any right or obligations under this Agreement without the prior written consent of dmg.
20. This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements or arrangements, written or oral, between the parties in relation to such matters. No amendment, variation or modification of this Agreement shall be deemed valid unless it is in writing and signed by the parties.
21. In the event of a conflict between any Order Form or these Media Partnership Terms and Conditions, the parties agree that the Order Form shall prevail.
22. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement but this clause 22 does not affect a right or remedy of a third party which exists or is available apart from that Act.
23. Nothing in this Agreement shall be construed as creating a partnership, joint venture or agency of any kind between the parties.
24. No failure or delay by either party in exercising any of that party's rights or remedies under this Agreement shall operate as a waiver of those rights or remedies. No right or remedy of either party under this Agreement shall be deemed to be waived unless the waiver is in writing and signed by both parties. No waiver of any breach of this Agreement is a waiver of any subsequent or other breach.
25. If any provision of this Agreement shall be held to be illegal, void, invalid or unenforceable the legality, validity and enforceability of the remainder of this Agreement shall not be affected.
26. This Agreement shall be governed and construed in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts.
Part B – Notional costs and invoice barter
1. Due to International VAT legislation:
a. Media Partner (situated in the UK and EU) agrees to exchange invoices with dmg :: events (UK) Ltd to the values detailed below depending on contra level.
b. Media Partner (situated in the ROW) will not be required to exchange invoices but will be required to sign and return the contra agreement, noting its notional value.
2. The notional values of the contra agreements are:
c. Title Media Partner: £21,500
d. Global News Provider Media Partner: £21,500
e. Platinum Media Partner: £16,000
f. Gold Media Partner: £11,000
g. Silver Media Partner: £7,500
h. Bronze Media Partner: £3,500
i. Online Media Partner: £2,500
Part C - Exhibition stand terms and conditions
1. Exhibition stands are allocated at the sole discretion of dmg.
2. The following shall be provided as an exhibition stand: walls, fascia with company name, stand carpet, lighting and access to one power socket. Furniture provided will be two chairs, one table, and one bin.
3. Exhibition stands must be constantly manned by at least 1 representative throughout the duration of the Event. A fee of 50% of the list price of the exhibition stand will be charged to Media Partner if they fail to comply with this clause.
4. Exhibition stands must remain presentable throughout the duration of the exhibition. A fee of 50% of the list price of the exhibition stand will be charged to Media Partner if dmg, in its sole discretion, determines that Media Partner has failed to comply with this clause.
5. Media Partner is responsible for submitting all information required for exhibition stands to dmg by the specified deadlines notified by dmg to Media Partner from time to time.
6. If for any reason, Media Partner fails to attend the Event, dmg is entitled to charge a cancellation fee of 50% of the list price of the exhibition stand. However, this may be waivered if failure to attend is as a result of visa problems or force majeure.
7. Media Partner hereby agrees to abide by dmg :: events standard exhibition terms and conditions, where applicable
8.1 All Exhibitors will get the benefit of the indemnities in Regulations 8.2 and 8.3 below in accordance with the terms of this Regulation 4 unless they can provide proof to the Organisers that they can meet their liabilities under this Contract and, under Regulation 8.5, to the value of at least £2,000,000 or local currency equivalent for the duration of the Event, including construction and dismantling.
8.2 The Organisers shall indemnify and hold harmless the Exhibitor (up to an aggregate total of £2,000,000 including legal costs and disbursements) against all sums which the Exhibitor shall become legally liable to pay as compensation in respect of third party claims made against the Exhibitor for bodily injury or damage to property occurring at the Event Venue during the period of the Event (including construction and dismantling periods) provided that such claims are not as a result of any defects in the Exhibitor’s products or as a result of the Exhibitor’s or its employees’, agents’, contractors’ or stand sharer’s deliberate act, omission or negligence).
8.3 The Organisers shall indemnify and hold harmless the Exhibitor (up to an aggregate total of £10,000 including legal costs and disbursements) in the event that any of the exhibits (other than jewellery, watches, precious metals or stones, money or any personal property) owned by the Exhibitor or in the Exhibitor’s care, custody or control are lost (but not including any theft occurring while the Exhibitor’s property is unattended, other than when the Event is closed to visitors and the Organisers’ security is fully activated) or physically damaged by a third party (other than a contractor, agent or stand sharer of the Exhibitor) whilst on display or stored within the confines of the Event Venue, in accordance with the Organisers’ relevant polices and instructions.
8.4 The indemnities in Regulations 8.2 and 8.3 shall not cover loss or damage caused by events of force majeure (which term includes, without limitation, issues with water, gas or electric supplies, terrorism, military intervention, or the confiscation or requisition of property by any governmental authority).
8.5 Subject to the capped indemnities in Regulations 8.2 and 8.3, the Exhibitor is responsible for all claims, actions and/or costs for personal injury and loss of or damage to property including, but not limited to, damage to the Event Venue (including fixtures and fittings), loss or damage to other Exhibitors or Event visitors’ property) caused by or arising from the erection and dismantling of the Exhibitor’s stand and anything permitted, omitted or done thereon or therefrom or at the Event Venue during the period of the Event or the construction and dismantling periods, caused directly or indirectly by the Exhibitor or any employee, stand sharer, contractor, sub-contractor, licensee or invitee of his or the act, omission or neglect of the Exhibitor or by any such person or by any exhibit machinery or other article belonging to, or in the possession of, or used by, the Exhibitor or any such person. Subject to Regulations 8.2 and 8.3, the Exhibitor will indemnify the Organisers in respect of each claim, and all actions, proceedings, costs (including legal costs and disbursements), claims and demands in respect thereof.
8.6 The indemnities provided under Regulations 8.2 and 8.3 shall be subject always to the Exhibitor:
8.6.1 making no admission and taking no action in respect of such claims unless with the Organisers’ consent;
8.6.2 providing the Organisers with the right to control the defence and settlement of such claims together with providing all reasonable cooperation, information and assistance with such defence or settlement;
8.6.3 informing the police as soon as possible and obtaining a crime reference number in the event of a suspected crime occurring.
8.7 On receipt of a signed and verified Insurance Waiver Form which includes details of your Insurance policy cover and policy dates we will issue a credit note for the £285 charge
9. Limitation of Liability
9.1 The following provisions of this Regulation 9 set out the entire financial liability of the Organisers (including any liability for the acts or omissions of their employees, agents, stand sharers and sub-contractors) to the Exhibitor in respect of all losses, claims or liabilities arising under of or in connection with the Event (including in respect of any indemnities), whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
9.2 All warranties, conditions and other terms implied by law are, to the fullest extent permitted by law, excluded from this Agreement.
9.3 Notwithstanding any provision to the contrary, nothing in the Contract or these Regulations shall exclude or limit the liability of the Organisers for death or personal injury caused by the Organisers’ negligence or for fraudulent misrepresentation or for any liability that may not be limited or excluded by law.
9.4 Subject to Regulation 9.3:
9.4.1 the Organisers’ total liability to the Exhibitor in connection with the Event shall (other than in respect of the indemnities set out in Regulations 9.2 and 9.3) be limited to 100% of the Service Charge and Value Added Services Charge paid by the Exhibitor; and
9.4.2 the Organisers shall not be liable to the Exhibitor for any loss of or corruption to data, loss of revenue and profit, loss of anticipated savings, loss of business, loss of opportunity, depletion of goodwill or reputation, additional operational and administrative costs and expenses, any financial losses or any indirect or consequential loss or damage.
9.5 The Organisers are not responsible for the content of any speaker’s presentation. Such content is the opinion of the speaker and not of the Organisers.
10. Exhibitor’s Property
All of the Exhibitor’s property at the show shall be at the sole risk of the Exhibitor and the Organiser assumes no responsibility for loss or damage thereto.
The Exhibitor is liable for any damage it may cause to the facility or to any property of the Organiser, its agents or any other Exhibitor. The Exhibitor may not apply paint, lacquer, adhesive or other coatings to the facility or to the property of the Organiser, its agents or any other Exhibitor.
12. Termination of the Contract
The Organiser may terminate this Contract if:
The Exhibitor fails to observe or perform any of the Contract terms and conditions; The Exhibitor becomes bankrupt or makes an arrangement or compromise with his creditors or, being a Company, enters into liquidation whether compulsory or voluntary (save for the purposes of amalgamation and/or reconstruction) or suffers the appointment of a receiver, administrative receiver or administrator, or enter into or suffers any similar insolvency procedure under any jurisdiction.
13. Stand Amendments
The Organisers reserve the right to make alterations in the floor plan of the Exhibition or in the Exhibitor’s Stand as in their opinion they consider to be in the best interests of the Exhibition including (without prejudice to the foregoing) altering the size, shape or position of the space allotted to the Exhibitor.
14. Removal of Exhibits
The Exhibitor agrees no display will be dismantled or goods removed during the entire run of the show, but will remain intact until the end of the final closing hour of the last show day. The Exhibitor also agrees to remove its display and the equipment from the show site by the final move-out time limit, or in the event of failure to do so, the Exhibitor agrees to pay for such additional cost as may be incurred.
15. Cancellation or Curtailment of Show by the Organiser
In the event that the facility in which the show is to be held or is held is destroyed or becomes unavailable for occupancy, for reasons beyond the reasonable control of the Organiser and sponsors, or if for any reason the Organiser is unable to permit the Exhibitor to occupy the facility or the space, or if the show is cancelled or curtailed, the Organiser and sponsors will not be responsible for any loss of business, loss of profits, damage or expense of whatever nature that the Exhibitor may suffer. The reasons listed include, but are not limited to, such reasons as: casualty, explosion, fire, lightning, flood, weather epidemic, earthquake or other Acts of God, acts of public enemies, riots or civil disturbances, strike, lockout or boycott or other force majeure event.
16. Governing Law and Jurisdiction
This contract shall be governed and construed in accordance with the laws of England and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
17. Right of Refusal
The Organiser reserves the right to refuse any application