SPONSOR AGREEMENT TERMS AND CONDITIONS

 

  1. PAYMENTS/NOTICES. If applicable, all payments shall be made via check to “Eiger Marketing Group” and delivered to: Eiger Marketing Group, 165 W. Putnam Avenue, Greenwich, CT 06830, Attn: Tim Erensen. All notices hereunder shall be made to the following address: Eiger Marketing Group, 165 W. Putnam Avenue, Greenwich, CT 06830, Attn: General Counsel. If payment is made via credit card, please note there will be a 3% processing fee.

  2. WEATHER & POLICY. SPONSOR acknowledges and agrees that the benefits are nonrefundable and SPONSOR shall not be entitled to a refund or a return of any portion of the benefits in the event the TOURNAMENT and/or Pro-Am is cancelled, postponed, delayed, or rescheduled due to weather, an act of nature, state of war, act or threat of terrorism, union strike, a pandemic /epidemic (including COVID-19), or any other condition beyond the reasonable control of ORGANIZER (“force majeure event”). ORGANIZER shall not be considered in breach of this AGREEMENT upon the occurrence of such a force majeure event. However, in the event of cancellation of the entire TOURNAMENT, due to a force majeure event, ORGANIZER agrees to work in good faith with SPONSOR on deferring a TBD portion of the SPONSORSHIP payment to the following years TOURNAMENT or another mutually agreeable alternative.

  3. ADMITTANCE. ORGANIZER reserves the right to refuse or revoke the admittance to the TOURNAMENT and/or Pro-Am of any person who is an employee, subcontractor, agent, guest, and/or invitee of SPONSOR who acts in a disorderly or disruptive manner, as determined in the sole discretion of ORGANIZER officials. In the event that the ORGANIZER notifies the SPONSOR of such disorderly or disruptive person, and the SPONSOR fails to promptly cure such disorderly or disruptive conduct of such person, the ORGANIZER may refuse or revoke the use of any other privileges granted in the AGREEMENT due to such conduct. In such event, SPONSOR shall not be entitled to any return or refund of any amounts of the payment made to ORGANIZER. In addition, credentials contained in the benefits shall not be conveyed, assigned, sold, or otherwise transferred for financial or other consideration to another person or entity without the prior written consent of ORGANIZER. In the event of any such transfer, ORGANIZER shall have the right to refuse or revoke the use of any badge, tickets, or other privileges provided in the benefits and SPONSOR shall not be entitled to a refund of any part of the benefits.

  4. RELEASE AND INDEMNIFICATION. SPONSOR shall hereby release and agree to indemnify, defend, and hold harmless Eiger Marketing Group, Pelican Golf Club and all TOURNAMENT Sponsor’s and any affiliates, officers, directors, employees, vendors or agents thereof from and against any and all liabilities, damages, injuries, claims, suits, judgments, causes of action, and expenses (including reasonable attorneys’ fees, court costs and out-of-pocket expenses) suffered or incurred as a result of (i) any breach of any obligation of SPONSOR in performance of this AGREEMENT, (ii) SPONSOR’s use of the benefits, or (iii) any injury of any kind to, or caused by, SPONSOR or any employee, subcontractor, agent, guest, or invitee of SPONSOR.

  5. TERMINATION. In the event of any attempted termination by SPONSOR, ORGANIZER shall be entitled to retain all benefits received hereunder and shall have the right to pursue all available remedies at law or otherwise. SPONSOR’s obligation to pay any payments due upon termination or expiration shall survive the termination or expiration of this AGREEMENT.

  6. INTELLECTUAL PROPERTY. SPONSOR hereby grants ORGANIZER a non-transferable, non-exclusive, royalty- free license to use the logos, service marks, symbols, trade names, and/or trademarks of SPONSOR (“SPONSOR’s Intellectual Property”) during the term of this AGREEMENT (unless terminated earlier) in connection with the sponsorship benefits provided to SPONSOR. Upon termination or expiration of this AGREEMENT, ORGANIZER’s usage of the SPONSOR’s Intellectual Property shall cease except for historical and non-commercial use. ORGANIZER acknowledges that the SPONSOR’s Intellectual Property is owned by the SPONSOR and ORGANIZER shall have no right, title, and/or interest to the SPONSOR’s Intellectual Property other than as stated herein. ORGANIZER hereby grants SPONSOR a non-transferable, non-exclusive, royalty-free license to use the logos, service marks, symbols, trade names, and/or trademarks of TOURNAMENT (“TOURNAMENT’s Intellectual Property”) during the term of this AGREEMENT (unless terminated earlier) in connection with the Sponsorship benefits provided to SPONSOR. Upon termination or expiration of this AGREEMENT, SPONSOR’s usage of the TOURNAMENT’s Intellectual Property shall cease. SPONSOR acknowledges that the TOURNAMENT’s Intellectual Property is owned by the ORGANIZER and SPONSOR shall have no right, title, and/or interest to the TOURNAMENT’s Intellectual Property other than as stated herein.

  7. ARBITRATION CLAUSE. Any disagreement in connection herewith shall be settled by arbitration. The Parties hereby agree to submit the claim to binding and final arbitration pursuant to the American Arbitration Association regulations, to be conducted in Florida. The Parties will share equally in the fees and expenses of the arbitrator(s), but will otherwise bear their own costs. The Parties will use their best efforts to ensure that the arbitration hearing is conducted no later than three (3) months after the arbitrator(s) is selected. The Arbitrator award will be final and binding on both Parties and may be rendered into a judgment before a court with jurisdiction.

  8. MISCELLANEOUS. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. SPONSOR may not assign its rights or obligations hereunder without the prior written consent of ORGANIZER. If any provision of this AGREEMENT is invalid or unenforceable by reason of any applicable law, the remaining terms and provisions of this AGREEMENT shall not be effected thereby and shall be valid and enforced to the full extent permitted by law. The failure of any party hereto to insist upon strict compliance with this AGREEMENT, or any of the terms and conditions hereof, shall not be deemed a waiver of any rights or remedies that such party may have. Each party represents that it has full authority to enter into this AGREEMENT, grant the rights and benefits herein described, and satisfy the obligations hereunder, without violating the rights of any third parties. ORGANIZER and SPONSOR agree that the terms and conditions of this AGREEMENT are confidential, and shall not be made available to any third parties without the prior written consent of ORGANIZER and SPONSOR. Nothing in this AGREEMENT shall be construed as creating a partnership, employer/employee, principal/agent, nor joint venture relationship between ORGANIZER and SPONSOR. This AGREEMENT constitutes the entire AGREEMENT between ORGANIZER and SPONSOR with respect to the subject matter of this AGREEMENT and supersedes all prior oral or written AGREEMENTs. No amendment of this AGREEMENT shall be effective unless agreed to in writing by both parties.

CONTACT US

Our offices can be reached at (877) 726-0128 or email us at info@eigermarketing.com