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event location without express written permission from arrowfly certificate of insurancecustomer will maintain the following insurance for the entire period of the event worker s compensation insurance to meet statutory requirements and employer s liability insurance with limits not less than 500 000 per occurrence and in the aggregate general liability insurance having a combined single limit for bodily injury and property damage in an amount not less than 1 000 000 per occurrence and in the aggregate coverage under this insurance shall include contractual liability product liability and personal injury liability certificate of insurance must be furnished if requested by arrowfly however failure by arrowfly to request proof of insurance shall not relieve customer from carrying the above coverage customer shall name arrowfly as an additional insured on such policies cleaning of exhibitscustomers must at their own expense keep their exhibit space clean and exhibits in good order meetings and meeting roomsno customer shall hold a meeting that conflicts with exhibit or event schedule meeting room accommodations will only be awarded to event sponsors based upon availability servicesarrowfly shall use reasonable efforts to have all necessary power air water and gas services installed and operating during the event arrowfly however shall not be responsible for the late installation or interruption of any such services union regulationscustomer must observe all union regulations in force in the exhibit area force majeurein the event the host city of any part of the exhibit area thereof is made unavailable for customer s use for any period of time as result of fire flood tempest or any other such cause or as a result of governmental intervention malicious damage acts of war strike lock out labor dispute riot or any other cause or agency over which the event has no control or should arrowfly decide that because of any such cause it is necessary to cancel postpone or relocate the event or reduce the installation time event time or move out time arrowfly shall have no liability to or responsibility to reimburse customer with respect to any damage or loss directly or indirectly arising as a result thereof intellectual propertycustomer shall be responsible for paying all costs and fees arising from the customer s use of any and all patented trademarked or copyrighted materials amendmentsarrowfly shall have the right to enforce any and all contract regulations contained herein and the further right in its sole discretion to determine any and all additional rules and regulations which it considers necessary for the proper conduct of the exhibit xiv adherence to federal regulations customer agrees to adhere to all applicable federal regulations governing its activities related to the sponsored event or exhibition this includes but is not limited to regulations enforced by agencies such as the food and drug administration fda federal trade commission ftc environmental protection agency epa occupational safety and health administration osha and any other relevant regulatory body customer warrants that it is in compliance with all federal regulations relevant to its products services and operations the customer further agrees to provide evidence of compliance upon request by the event organizers customer acknowledges that any failure to comply with federal regulations may result in immediate termination of this agreement and forfeiture of any sponsorship or exhibition fees paid additionally the customer agrees to indemnify and hold harmless the event organizers from any claims damages or penalties resulting from non compliance with federal regulations xv acceptable use of attendee data if arrowfly provides the customer with an attendee list or registration data attendee data for an event such as those described in 1 d and 1 e the customer agrees to use this attendee data strictly in accordance with all applicable data protection and privacy laws including but not limited to the can spam act gdpr and ccpa the customer agrees to the following conditions regarding attendee data limited use the customer may only use the attendee data for reasonable post event follow up communications related to the customer s products or services no resale the customer will not sell rent lease or otherwise distribute the attendee data to any third party opt out compliance the customer must provide a clear and conspicuous method for attendees to opt out of future communications in every email sent the customer must promptly honor all opt out or unsubscribe requests liability arrowfly provides the attendee data as is the customer assumes full liability for their handling storage and use of the attendee data once received xvi license to distribute presentation materials logo usage by submitting the company s name logos presentation decks slides handouts or other materials materials for use to promote arrowfly s live events or webinars the customer grants arrowfly a non exclusive worldwide royalty free and perpetual license to reproduce host distribute and publicly display the materials this includes but is not limited to the right to share the materials directly with event attendees host the materials on our website or learning management systems for post event download and use the materials in future promotional campaigns the customer represents and warrants that they hold all necessary rights and permissions to grant this license and that the materials do not infringe on the intellectual property rights of any third party email blasts invoiced once a month during the month an email blast is scheduled article license arrowfly grants customer a license to use and reprint referenced article from an arrowfly publication this one time license permits customer to host the entire article on customer website and that requires full credit to the author and publisher arrowfly will also provide a printable pdf version video services each video service requires a 50 deposit within 30 days of contract execution video services include up to two 2 revision rounds following delivery of the initial edit each revision round must be submitted as a single consolidated list of time stamped feedback the two 2 revision rounds cover reasonable edits such as trimming sequencing adjustments text changes color corrections and minor audio adjustments revisions that involve new creative direction additional footage re editing large portions of the video or changes inconsistent with the approved concept script or storyboard are not included and will be quoted separately via a new io any revision requests beyond the two 2 revision rounds will incur additional charges via a new io and may extend project timelines other services invoiced upon customer s execution of this agreement unless otherwise noted in writing 2 collection costs customer agrees to reimburse arrowfly for any reasonable legal fees costs or other expenses incurred by arrowfly in its effort to collect on overdue customer invoice s arrowfly is entitled to charge a late fee of 3 monthly on any past due amounts 3 term cancellation changes continuation the term of this agreement shall commence upon the date executed by customer and continue until all services are completed unless arrowfly terminates with written notice to the other party cancellation of some or all of the services under this agreement is not permitted with the exception of a content studio services program if promotion on a custom content studio related service has not started within thirty 30 days of arrowfly s delivery of the final asset the promotional component of this agreement will be automatically terminated and arrowfly shall have no further obligations with respect thereto termination of this agreement or any specific services included in this agreement shall not relieve either party from any liabilities or obligations incurred under this agreement prior to such termination or which by their nature are intended to survive expiration or termination if customer services are delayed more than 60 days from the original start date of the services arrowfly may cancel this service at its sole discretion upon written notice customer shall the option to terminate or convert spend to a pre approved service offered by arrowfly within the next calendar month if customer fails to respond to arrowfly communication regarding signed confirmation of cancelled services for a period of thirty 30 days or more arrowfly may initiate cancellation of such services in order to release product inventory and resources at its sole discretion any changes to this agreement must be made in writing and signed by both parties customer must provide new materials prior to the deadline date for services otherwise arrowfly reserves the right to continue the insertion of previously published ad material in order to fulfill the contract 4 confidentiality the content of this agreement is deemed confidential information all information shared by customer with arrowfly related to this agreement which is of the nature that a reasonable person would understand its owner would not want it disclosed to the public is also deemed confidential information under this agreement arrowfly shall exercise due care and implement reasonable procedures to maintain the confidentiality of confidential information and to prohibit the disclosure unauthorized duplication misuse or removal of confidential information arrowfly will only use confidential information for fulfilling its duties and obligations under this agreement all confidential information is and shall remain the sole property of customer and arrowfly shall have no right title or interest in or to the confidential information 5 arrowfly license arrowfly hereby grants a non sublicensable license to use its logo trademarks or any other proprietary information as part of the services 6 arrowfly responsibilities for releases arrowfly shall obtain releases licenses permits or other authorization to use copyrighted materials photographs art work or any other property or rights belonging to third parties obtained by arrowfly for use in performing services 7 customer responsibilities for rights releases customer guarantees to arrowfly that all elements of text images or other artwork and trademarks provided to arrowfly are either owned by customer or that customer has the applicable permissions to use them customer s displaying text images or other artwork or trademarks in their advertisements hereby represents and warrants that customer does have the authority of the applicable owner of such intellectual property to do so and holds arrowfly harmless for any misuse or damages resulting from the use of such intellectual property 8 customer responsibility for accuracy customer is responsible for the accuracy completeness and propriety of information concerning its products and services whether provided to arrowfly verbally or in writing in connection with the performance of this agreement 9 time is of the essence customer shall be responsible for making best efforts to provide access to internal stakeholders customers clients and information concerning customer s products and services in order to complete the work contracted if there are substantial delays from the kick off arrowfly retains the right to cancel a service at its sole discretion if the customer has not provided required input nor responded or has not engaged within thirty 30 days of request of cancellation or change order by arrowfly the services will be cancelled and or amended as presented 10 liability indemnification each party agrees to indemnify defend and hold harmless the other party and its affiliates and their respective officers directors employees and agents from and against any and all third party claims losses costs obligations liabilities damages actions suits allegations causes of action demands liens encumbrances security interests expenses settlements and judgments of whatever type or nature claims which are asserted against incurred by imposed upon or suffered by the other party by reason of or arising from a the infringement by the indemnifying party of any patent copyright trademark trade secret or other intellectual property or contract right of any other person and b the gross negligence or willful misconduct of the indemnifying party the indemnified party will provide the indemnifying party with prompt notice of any claim which the indemnified party believes falls within the scope of this section and the indemnifying party s indemnification obligations the indemnifying party shall not agree to any settlement of a claim under this section without first obtaining the indemnified party s written approval customer agrees to waive any and every claim which arises in its favor that is covered by valid and collectible insurance policies to the extent of the insurance proceeds paid with respect thereto inasmuch as the waiver will preclude the assignment of the aforesaid claim by way of subrogation to an insurance company or other person customer shall notify its insurers of such waiver 11 governing law this agreement shall be governed construed and interpreted in accordance with the laws of the state of delaware without regard to its rule of conflicts of laws 12 representation warranties each party represents and warrants that it has full power and authority to enter into this agreement and to perform its obligations hereunder except as otherwise provided herein the services and space provided by arrowfly are provided as is and without any warranty of any kind and arrowfly expressly disclaims all representations and warranties whether implied or statutory and assumes no liabilities with respect thereto arrowfly reserves the right to reject any advertisement it deems unsuitable for its audience in its sole discretion 13 entire agreement except as otherwise set forth or referred to in this agreement this agreement constitutes the sole and entire agreement and understanding between the parties hereto as to the subject matter hereof and supersedes all prior discussions agreements and understandings of every kind and nature between them as to such subject matter info arrowfly com 888 543 2447 1111 superior ave e suite 1120 cleveland oh 44114 facebook f linkedin x twitter engineering fluid power world network robotics network renewable energy network r d world network electronics engineering network design world network control automation network fluid power world network robotics network renewable energy network r d world network electronics engineering network design world network control automation network healthcare life sciences ambulatory surgery centers news behavioral health news hme and complex rehab technology network home health home care hospice palliative care network senior housing skilled nursing network life sciences network hospital and health system ambulatory su...