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These terms form part of the agreement between POLITICO and the Sponsor described in the attached schedule and refer to words defined in the attached schedule.
1. Sponsorship Fee and Payment
All sums due to POLITICO as set out in this Agreement are exclusive of sales tax, value added tax and any other tax or duty which, if chargeable or claimed by any relevant authority, shall be charged to and paid by the Sponsor 30 days from the date the invoice is issued. Time for payment shall be of the essence for the contract. This agreement is non-cancellable, and the event(s) must take place by the date(s) specified in section 1 of the Event Sponsorship Agreement.
2. Licence of Trade Marks
2.1 POLITICO grants to the Sponsor a non-exclusive licence during the term of this Agreement to use the names and logos for “POLITICO” in the format and specification as directed from time to time by POLITICO for the purpose only of promoting and marketing the Event/Campaign, provided that (i) all advertising, promotional and marketing material which features the above trade marks shall be subject to the prior review by and approval of POLITICO before its publication or use; and (ii) the Sponsor shall not modify, amend or add to the content or format of any of the licensed trade marks in any way.
2.2 The Sponsor shall promptly notify POLITICO of any infringement or suspected infringement of
copyright in any material or of trade marks or other intellectual property rights of POLITICO which may come to its knowledge and shall assist POLITICO at POLITICO’s expense in preventing such infringement and protecting POLITICO’s rights.
2.3 Nothing in this Agreement shall be deemed to vest in the Sponsor any legal or beneficial right in the ownership of the trade marks referred to above or grant to the Sponsor any right or licence to any other intellectual property rights of POLITICO, all of which shall at all times remain the exclusive property of POLITICO.
2.4 The Sponsor grants POLITICO a licence in the same terms as set out in this clause 2 expiring upon completion (or cancellation) of the Event/Campaign and related marketing activities with the same provisions applying in respect of its logos, trade marks, trade names and corporate name, save that the Sponsor’s review and approval shall not be required in respect of uses made in conjunction with providing the Sponsorship Benefits.
POLITICO strives to provide high quality products and events which run smoothly and efficiently and treats sponsoring organizations as stakeholders in the Event/Campaign being sponsored, but it cannot give any promise or guarantee about the schedule of the Event/Campaign, the speakers or panellists, delegates, the topics to be covered or the results arising from the Event/Campaign and it reserves the right to impose some conditions on the benefits offered. Most are seldom acted upon, but they are intended to ensure that the Event/Campaign meets the expected high standards. Accordingly, POLITICO reserves the right:
3.1 to select all speakers, panellists and moderators for all sessions of the Event/Campaign;
3.2 to determine the program for the Event/Campaign, including scheduling of the Event, speakers, panellists, meals and receptions;
3.3 to use the Sponsor's name instead of its logo in certain instances where space and design constraints prohibit the use of the full logo;
3.4 to determine the positioning of the Sponsor's advertisements at the Event/Campaign and in the Event/Campaign documentation.
4. Changes or Cancellation
4.1 POLITICO shall not be held responsible for any loss or damage arising from any change in the Event or its program or the involvement of particular speakers or delegates, or from the cancellation of (other than any refunds specified below) or any change in the dates or venues for the Event for whatever reason. No refunds shall be made in respect of installments paid prior to the Event once the Event has been held.
4.2 In the event of cancellation of Sponsor’s sponsorship of the Event caused by a breach of these terms by POLITICO, POLITICO shall refund any sponsorship fee instalment(s) paid by the Sponsor relating to that Event.
4.3 In the event of cancellation of Sponsor’s sponsorship of the Event caused by a breach of these terms by the Sponsor, no part of the sponsorship fee paid by the Sponsor shall be refundable for any reason.
4.4 In the event of a cancellation of Sponsor’s sponsorship of the Event caused by events outside POLITICO’s reasonable control, or in circumstances not explicitly dealt with in this section 4, no part of the sponsorship fee paid by the Sponsor shall be refundable for any reason. However POLITICO may, in the case of such cancellation, grant the Sponsor the opportunity to apply the sponsorship fee towards the sponsorship of another event hosted by POLITICO on the same terms as set out in this Agreement and no later than the date(s) specified in section 1 of the Event Sponsorship Agreement.
5.1 The parties recognise that in the course of the project, each party may obtain confidential or proprietary information of the other party. Save as may be required by law, such information shall be held in strict confidence and shall not be disclosed by the recipient to any unauthorised third party without the prior consent of the other party. This provision does not apply to information in the public domain or developed independently by the recipient.
6. Processing of personal data
6.1 In the course of the present Agreement, the parties could be required to process personal data. In the course hereof, the party to which the personal data belongs and which determines the purposes and means of its processing, shall be considered as the ‘controller’. The other party, processing personal data on behalf of the controller, shall be considered as the ‘processor’. The parties undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable as from 25 May 2018 (hereinafter "GDPR").
6.2 The processor is authorised to process on behalf of the controller the personal data necessary to fulfil the instructions provided by the controller related to the organisation and sponsorship of the Event (including the sending of invitations by POLITICO to the Sponsor’s VIP contacts). The personal data processed are first names, family names, addresses, e-mail addresses and other personal data provided to the processor by the controller or the data subject.
6.3 Controller warrants that it respects its obligations resulting from the GDPR and, in particular, that any personal data transferred to the processor has been collected in accordance with the GDPR and that the processing activities entrusted to the processor respect the requirements of the GDPR, are based on a valid legal basis and pursue a valid purpose.
6.4 The processor undertakes to:
process the personal data only upon the documented instructions from the controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which the processor is subject; in such a case, the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
take all measures required pursuant to Article 32 GDPR (security of processing)
taking into account the nature of the processing, assist the controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller's obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR;
assist the controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 GDPR (security of processing, notification of a personal data breach to the supervisory authority, communication of a personal data breach to the data subject, data protection impact assessment and prior consultation) taking into account the nature of processing and the information available to the processor;
make available to the controller all information necessary to demonstrate compliance with the obligations laid down in this article and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller.
6.5 The processor can rely upon another processor (hereinafter “sub-processor”) for carrying out specific processing activities. In such case, the processor shall inform the controller of any intended changes concerning the addition or replacement of other processors. This information must clearly indicate the processing activities entrusted to the sub-processor, the identity and contact details of the sub-processor and the date(s) of the sub-processing agreement. The sub-processing can only commence if the controller has not presented any objections within three (3) days starting from the date it received the information. All sub-processors must respect the obligations of the present Agreement on behalf of and in accordance with the instructions from the controller. The processor must ensure that the sub-processor provides sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the GDPR. Where the sub-processor fails to fulfil its data protection obligations, the processor shall remain fully liable to the controller for the performance of the sub-processor's obligations.
6.6 It is up to the controller to provide the information to data subjects concerning the processing activities at the moment the personal data is being collected. To the extent possible, the processor must assist the controller to fulfil its obligation to respond to requests from data subjects exercising their data subject rights: right of access, right to rectification, right to erasure, right to restriction of processing, right to data portability, right to object and automated individual decision-making (including profiling). If a data subject contacts the processor to exercise any of their rights, the processor must send such a request to the controller in writing.
6.7 The processor shall notify the controller of any personal data breach relating to personal data of the controller without undue delay after becoming aware of a personal data breach. Such notification must be accompanied by all useful documents in order to allow the controller, if required, to notify without undue delay the competent supervisory authority and/or the data subjects.
6.8 The controller undertakes to:
provide all necessary data to the processor in view of the data processing envisaged;
document in writing any instructions regarding the data processing by the processor;
ensure, prior to and throughout the duration of the processing, the compliance with the obligations imposed on the processor by the GDPR;
monitor the processing, including conducting audits and inspections with the processor when necessary.
6.9 Upon expiry of the services relating to the processing of personal data, processor agrees to, at the sole discretion of the controller, destroy or return all personal data to the controller.
7. Warranties, Indemnities and Limitations of Liability
7.1 Each party warrants to the other that: (i) it is the owner of the copyright in any material it supplies hereunder or is licensed to grant the rights in any material granted to the other in this Agreement; (ii) to the best of its knowledge and belief, no such material is libellous or defamatory of any person; and (iii) it has full right and power to enter into and perform its obligations under this Agreement.
7.2 Save as expressly provided in the previous sub-paragraph, POLITICO gives no warranties in respect of the Event/campaign, and to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness and merchantability. Other than to the extent required as a matter of law: (i) neither POLITICO nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly in connection with the Event/campaign or otherwise in connection with this Agreement; and (ii) the maximum aggregate liability of POLITICO for any claim in any way connected with the Event/campaign or this Agreement whether in contract, tort or otherwise (including any negligent act or omission) shall be limited to the amount paid by the Sponsor to POLITICO under this Agreement in the preceding twelve-month period.
The parties agree that:
8.1 unless otherwise terminated in accordance with the terms hereof, this Agreement shall terminate upon the earlier of completion or cancellation of the Event/Campaign;
8.2 nothing in this Agreement shall imply any partnership, agency or joint venture relationship between the parties;
8.3 for the purposes of this Agreement, each party is acting solely as an independent contractor and has no power or authority to represent or bind the other party;
8.4 “POLITICO” is a registered trade mark of POLITICO and all rights are reserved;
8.5 the provisions of this Agreement in so far as they have not been performed shall remain in force and effect notwithstanding completion of the Event/campaign;
8.6 except as expressly set out in this Agreement, no other rights or privileges are offered or implied in respect of the Sponsor's Sponsorship or attendance at the Event/Campaign;
8.7 the parties shall bear their own costs and expenses relating to the Event/Campaign, except as expressly set out in this Agreement;
8.8 If any provision of the Agreement is held to be illegal, invalid or unenforceable, in whole or in part, the provision will be deemed not to be part of the Agreement and the legality, validity or enforceability of this Agreement will not be affected. In this case or in case of legally missing mention, each party undertakes to immediately negotiate in good faith a new valid provision having an economic effect equivalent to that of the non-applicable or missing provision.
8.9 this Agreement shall be governed by the laws of Belgium and any dispute arising out of or in connection with the Agreement will be subject to the exclusive jurisdiction of the Courts of Brussels (Belgium) if it has not been previously settled amicably.