Sponsor Terms

Artists Sunday Sponsorship Agreement

Last Modified: 10/04/2020

The Artists Sunday^TM is a national movement created by Artists Sunday, LLC (“we”, or “us”) dedicated to supporting and celebrating artists and craftspeople. Together with artists, non-profits, municipalities, we formed the Artists Sunday Alliance to launch Artists Sunday, a program dedicated to encouraging consumers to support artists. We are inviting organizations to become “Sponsors” to support and spread the word about Artist Sunday.

SPONSORSHIP OVERVIEW

Sponsor desires to become a sponsor of Artists Sunday and to provide support to and increase public awareness of Artists Sunday. This Agreement and the Sponsorship Application, at https://artistssunday.com/sponsor/ , sets out the specifics of the relations between us and Sponsor, including the sponsorship amount which is free for 2020 and the length of the sponsorship.

EFFECTIVE DATE AND LENGTH

All sponsorships are subject to approval of Artists Sunday management. If the sponsor is approved, the sponsorship shall begin when the sponsorship application has been approved (“Effective Date”). And if approved, the sponsorship shall run from the Effective Date until January 31, 2021, when the sponsorship term ends. Artists Sunday management will notify sponsor by email as to whether they have been approved.

SPONSOR RECOGNITION

We will acknowledge identify Sponsor as a corporate sponsor on the ArtistsSunday.com web site.

PUBLICITY BY SPONSOR

Sponsor may identify itself as a corporate sponsor of Artists Sunday during the sponsorship term (from the Effective Date until January 31, 2021) by using the tools in the sponsorship toolkit.

NO ENDORSEMENT BY US

Under no circumstances will we be expected to endorse or promote Sponsor, or its products or services, nor will any such endorsement or promotion be implied or construed based on our acceptance of Sponsor’s payment or acknowledgment or identification of Sponsor. Sponsor will not state or imply, orally or in writing, that we, or its respective officers, directors, or employees, endorse Sponsor, its products or services.

NON-PERMITTED ASSOCIATIONS

Sponsor will not state or imply, orally or in writing, that we, or its respective officers, directors, or employees endorse any particular political view point, campaign, or candidate, or any religious belief, religion, or lack thereof.

NON-EXCLUSIVE SPONSORSHIP

Sponsor’s sponsorship is non-exclusive. Sponsor understands that we may enter into sponsorship or other similar arrangements with third parties.

SPONSOR MATERIALS

By participating in this sponsorship, the following marketing materials may be available to you (collectively, the “Sponsor Toolkit”). Sponsor Toolkit may include marketing assets, such as generic and/or customizable in-store signage, digital banners, sample social media posts and email templates, and more, to be used by you to help promote Artist Sunday and encourage artists to participate in Artists Sunday.

Sponsor Toolkit is provided to you subject to a limited license to promote your organization in connection with Artists Sunday and to promote participation by artists in Artists Sunday. We may terminate your right to use all or any part of the Sponsor Toolkit at any time if we determine, in our sole discretion, that (i) you alter the Sponsor Toolkit in breach of this Agreement, (ii) you use the Sponsor Toolkit inappropriately or in a manner inconsistent with our values, the values of the Artist Sunday Movement, and/or (iii) you otherwise breach this Agreement.

SPONSOR TOOLKIT REQUIREMENTS

Except with respect to materials where certain alterations are specifically intended by us (such as sample emails, social postings and templates), Sponsor Toolkit may not be modified in any way, except as expressly directed or authorized by us in writing.

Any information provided as permitted alterations or modifications to the Sponsor Toolkit may not include any statement, opinion, information or other content, or be incorporated into any web page, sign, banner or other marketing material that contains content, that:

• – is fictitious, false, inaccurate or misleading;
• – promotes sweepstakes (this means any giveaway or promotion in which random chance, rather than skill, determines who wins or gets a prize);
• – is disparaging or defamatory to any person or entity;
• – contains any profanity or is otherwise obscene, pornographic or offensive;
• – contains superlatives (e.g., words like “best,” “first,” “fastest” and “cheapest”);
• – promotes any illegal or unlawful product or service or suggests, encourages or promotes the violation of any laws, rules or regulations;
• – infringes the rights of any person or entity, including, without limitation, rights of privacy, publicity or intellectual property;
• – promotes or advocates for any sensitive or controversial topic; and/or
• – is otherwise inconsistent with our values or the values of the Artists Sunday Alliance.
•  

You agree that you are solely liable and responsible for the cost of any events, activities and other promotional efforts that you may undertake in connection with Artist Sunday, and for obtaining any necessary permits or permissions in connection with such efforts.

THE SPONSOR TOOLKIT CONTAIN IDEAS, DESIGNS, GRAPHICS, TRADEMARKS, TRADE NAMES, LOGOS, HASHTAGS AND OTHER PROPRIETARY MATERIALS THAT ARE OUR INTELLECTUAL PROPERTY. BY AGREEING TO THESE TERMS OF USE, YOU ACKNOWLEDGE AND AGREE THAT WE ARE GRANTING YOU A LIMITED RIGHT TO USE THE SPONSOR TOOLKIT AS SET FORTH.

MODIFICATION & CANCELLATION OF ARTISTS SUNDAY

We reserve the right to modify or cancel Artists Sunday, or any portion thereof, at any time at our discretion, without prior notice or liability to you.

DISQUALIFICATION & OUR OTHER REMEDIES

ALL DESIGN ELEMENTS OF THE SPONSOR TOOLKIT, INCLUDING ANY AND ALL IMAGES, GRAPHICS, LOGOS, HASHTAGS, AND COPY DEPICTED ON SPONSOR TOOLKIT, ARE OUR INTELLECTUAL PROPERTY. THE SPONSOR TOOLKIT IS PROVIDED TO YOU SUBJECT TO A LIMITED LICENSE FOR THE PURPOSE OF PROMOTING ARTISTS. YOU MAY USE, DISPLAY AND DISTRIBUTE THE SPONSOR TOOLKIT FOR THAT PURPOSE, PROVIDED THAT YOU DO NOT MODIFY THEM IN ANY WAY EXCEPT AS EXPRESSLY DIRECTED OR AUTHORIZED BY US IN WRITING.

WE RESERVE THE RIGHT TO DELETE, EDIT OR MODIFY ANY SPONSOR TOOLKIT AND/OR TO TERMINATE YOUR LICENSE TO USE, DISPLAY OR DISTRIBUTE THE SPONSOR TOOLKIT AT ANY TIME, INCLUDING IF WE DETERMINE, IN OUR SOLE DISCRETION, THAT (I) YOU HAVE ALTERED OR MODIFIED THE SPONSOR TOOLKIT IN ANY WAY IN VIOLATION OF THIS AGREEMENT, (II) YOU HAVE USED THE SPONSOR TOOLKIT INAPPROPRIATELY OR IN A MANNER INCONSISTENT WITH OUR VALUES OR THE VALUES OF THE ARTISTS SUNDAY ALLIANCE, (III) YOU HAVE USED THE SPONSOR TOOLKIT IN CONNECTION WITH SOMETHING OTHER THAN ARTISTS SUNDAY, OR (IV) YOU HAVE OTHERWISE BREACHED THIS AGREEMENT.

YOU ACKNOWLEDGE AND AGREE THAT ANY IDEAS, TIPS, SUGGESTIONS, OPINIONS, INFORMATION OR ADVICE CONTAINED IN THE SPONSOR TOOLKIT OR OTHERWISE PROVIDED BY US ARE FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT BE RELIED UPON TO REPLACE THE ADVICE OF YOUR OWN PROFESSIONAL LEGAL, TAX AND FINANCIAL ADVISORS. You acknowledge that there is no guarantee that your sponsorship will lead to any sales, much less an increase in sales.

TERMINATION

Either party may on its own terminate this Agreement by providing written notice of that decision to the other. Such a termination will be effective 30 days after delivery of the notice by the terminating party.

Either party may immediately terminate this Agreement by giving written notice to the other party if it reasonably believes that the other party has engaged or is engaging in conduct, or has been alleged to have engaged in conduct related to Non-Permitted Associations set forth above and/or that reflects unfavorably upon a party’s reputation. Such a termination will be effective upon delivery of notice.

If either party breaches any of its obligations under this Agreement, the non-breaching party may provide the breaching party with written notice of the breach. If the breaching party fails to cure the breach within 30 days after receipt of such notice, the non- breaching party may terminate this Agreement upon delivery to the breaching party of a written notice to that effect, with the termination effective upon delivery of such notice to the breaching party. The non-breaching party may in its reasonable discretion determine whether the breach has been cured.

Upon termination, the parties will cooperate in transition activities to minimize adverse impacts of the termination. The parties will promptly cease use of any of the other party’s trademarks. Sponsor will not be entitled to receive any refund of any payments made to us prior to termination. If Sponsor terminates for convenience, or if we terminate for bad conduct on the part of Sponsor or breach by the Sponsor, then Sponsor will be responsible for all remaining payments due as set out in the Sponsorship Plan