SPONSORSHIP TERMS AND CONDITIONS
Last Updated: March 17, 2023
This Sponsorship terms and conditions (“Agreement”) entered into an agreement by and between you (“Client”) and the company (“publisher”) The Physician Philanthropist. The terms and conditions outlined in this document shall govern and represent the entire agreement. This agreement shall supersede any agreement before its execution.
- Agreement to Terms and Conditions.
The parties agree that imprinting their signatures below this document shall constitute each party consenting to the agreement hereunto set forth.
- Confidentiality and Data.
Both parties agree that all the contracts, material, and data for the advertisements made prior to their release shall be kept confidential. Unless otherwise agreed upon by both parties in writing.
- Rights and Obligations of Publisher.
The following are for the Publisher assigned by the company:
- The Client shall respect and trust that the Publisher will make the best decisions for the advertising and sponsorship material. The Publisher shall retain all creative decisions. The Client may ask for changes to be done but shall not overstep its boundaries in creating the advertising material.
- Rights and Obligations of the Client.
The following are for the Client that has hired the company:
- The Client shall have an obligation to provide the material necessary for the Publisher’s advertising and sponsorship. Any information requested shall be reviewed by the client and dealt with accordingly.
- The Client shall have the right to check the work from time to time. They shall also be entitled to create criticisms about the work provided by the publisher. Should they not be satisfied with the final results, they are entitled to suggest changes.
- Force Majeure.
A party will not be liable for any failure or delay in performing its obligations under this Agreement to the extent that this failure is the result of any cause or circumstance beyond the reasonable control of that party. Suppose, because of force majeure, a party cannot perform all or any part of its obligations under this Agreement for a continuous period of 20 working days. In that case, the other party may terminate this Agreement immediately by written notice.
- Advertising Material.
Publisher reserves the right to omit, amend, suspend, or change the position/timing of any Advertising Material, including, but not limited to, where, in Publisher's sole discretion: the Advertising Material is in violation of any endeavors or warranties under this Agreement, (ii) the program associated with the Advertising Material (e.g., photoshop, illustrator, pixels) or the website to which the Advertising Material is linked does not comply with Publisher's policies.
Both parties acknowledge and agree that the total amount shall equate to one, five or ten thousand dollars, ($1,000, $5,000 or $10,000) depending on the level of sponsorship chosen and paid.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed following the law of California. The courts of California shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement.
It is the responsibility of the Client to check upon the first appearance of the Sponsorship Material and notify Publisher immediately of any errors. Publisher assumes no responsibility for the correction of errors unless notified by the Client within 7 days. In the event of any error or omission in the appearance of Material which is caused by Publisher, Publisher will either re-publish the Material (or relevant part thereof) or make a reasonable refund of or adjustment to the charges. No re-publication, refund or adjustment will be made where the error, misprint or omission does not materially detract from the sponsorship.
The reproduction of the Sponsorship Material and Information on the Platforms shall not infringe any copyright, trademark, right of privacy, right of publicity or personality, or any other right of any nature of any third party.
The Client agrees to defend, indemnify, and hold harmless Publisher and its officers, directors, agents, affiliates, and employees at all times from all claims, proceedings, demands, damages, liabilities, and costs (including reasonable legal fees) arising in connection with: I the Client's breach of this Agreement; (ii) the content of any Sponsorship Material or Client Website; or (iii) a contaminated file, virus, worm, or Trojan horse originating from the Client.
- Cancellation and Termination
The client cannot cancel orders once Publisher has started to carry out the order following the first publication date. Where Publisher has not begun to carry out the order, unless otherwise agreed in the Booking Terms, no less than twenty-eight (28) days’ cancellation notice is required. Email notification of cancellation is not acceptable unless acknowledged by Publisher.