THIS IS A LEGAL DOCUMENT.  

ONLY AUTHORIZED REPRESENTATIVES OF YOUR COMPANY OR ORGANIZATION SHOULD SIGN THIS DOCUMENT ELECTRONICALLY BELOW.  IF PREFERRED, YOU MAY PRINT THIS PAGE AND MAIL A SIGNED COPY TO THE ADDRESS INDICATED IN SECTION III.

THIS DOCUMENT IS NOT LEGALLY BINDING OR FULLY EXECUTED UNTIL COUNTER-SIGNED BY AVACON, INC. AND THE COUNTER-SIGNED COPY IS RETURNED TO THE EMAIL ADDRESS YOU PROVIDE


OPENSIMULATOR COMMUNITY CONFERENCE

SPONSORSHIP AGREEMENT

BACKGROUND OF AGREEMENT

Sponsor wishes to promote Sponsor’s business, organization, or community at the virtual OpenSimulator Community Conference 2018, organized and produced under license by AvaCon, to take place online in an Opensimulator virtual world grid on November 8-9, 2014.

Sponsor acknowledges that the Opensimulator server software on which the conference will be hosted is in the “alpha” stage of development, and therefore it is possible for technical difficulties to disrupt the conference proceedings from time to time during the event.  AvaCon and its associated event partners and server administrators will make a good faith effort to minimize any such disruptions, but all parties acknowledge that disruptions or even a complete failure of the Opensimulator software shall not result in AvaCon’s liability or delay of performance under this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, AvaCon and Sponsor, intending to be legally bound, hereby agree as follows:

I.    DEFINITIONS

a.  “Sponsorship” allows a business, organization, or community to promote to attendees of the conference in a reasonable and approved manner.

b.  “Opensimulator virtual world grid” refers to the virtual location and conference venue that is simulated by computer servers using the Opensimulator virtual world platform (http://opensimulator.org), and represented to attendees by an Internet-connected client application, where the OpenSimulator Community Conference 2018 will take place.

c.  “Virtual” refers to items or locations that exist only as simulations in the Opensimulator virtual world grid where the OpenSimulator Community Conference will take place.

d.  “Expo Regions” indicates the areas of the conference where the virtual exhibit or displays or booths are placed.

e.  “Display Booth” is the amount of space indicated in the virtual exhibit areas of the Expo Regions as defined on the conference website at http://conference.opensimulator.org.

f.  “Reserved Conference Passes” is the total amount of reserved passes to the virtual conference that Sponsor will receive with their sponsorship.

g.  “Conference ads/signs” connotes the areas in which a virtual sign or ad mentions a Sponsor’s company, organization, or community as being a sponsor of the conference.

h.  “Keynote Regions” indicates the virtual areas of the conference where keynote sessions and general sessions take place.

i.  “Breakout Regions” indicates the virtual areas of the conference where breakout sessions and other smaller meetings take place.

j.  “Landing Regions” indicates the virtual areas of the conference where attendees and guests first enter the conference venue.

k.  “Conference space, signs, and materials” indicate various virtual signs around the conference space not otherwise designated.

l.  “Program ad” is the space provided for Sponsor’s logo or artwork in the conference program or schedule.

m.  “Website” indicates the official conference website.

n.  “Kiosks and Posters” indicates virtual kiosks, posters, and other conference materials that are used to promote the conference in or on the Opensimulator virtual world grid and other virtual world platforms.

o. “Sponsored Event” indicates a one-hour block of time in the conference schedule reserved for a virtual activity or event organized by the Sponsor and advertised as an officially sponsored event of the conference, subject to approval by conference organizers.

p.  “Hypergrid-connected ‘link region’ or teleport portal” indicates a region on the conference map where Sponsor’s HyperGrid-connected link region may be placed, or a teleport portal to be located in a frequently visited area of the conference grid, if desired.  Non-HyperGrid connected grids cannot take advantage of this Sponsor benefit.  Hypergrid connected “link regions” will be placed on the map in proximity to other conference regions first in order of Sponsorship level, and then in order of first-come-first-served based on Sponsorship payment received.

q. “T-Shirt(s)” indicates a physical t-shirt item to be shipped to the address indicated by the sponsor.

r. “Prim Cube(s)” indicates a physical plywood cube that measures 1.5 inches square to be shipped to the address indicated by the sponsor.

II.  SPONSORSHIP DETAILS

a.  “Gold” sponsorship in the amount of $5,000.00 USD shall include the following services:

    1.  Five (5) reserved conference passes;

    2.  Sponsor’s logo displayed on live and archived video stream;

    3.  One (1) Sponsored Event;

    4.  One (1) large virtual display booth in Expo Area;

    5.  Two (1) full page ad in the conference program and schedule;

   6.  Organization logo printed prominently on virtual conference space, signs, materials, kiosks, and posters located in the Keynote Regions, Breakout Regions, Landing Regions, and Expo Regions;

   7.  Organization logo and link prominently displayed on the convention website, program, and schedule;

   8.  A HyperGrid connected “link region” on the conference map or teleport portal, if desired;

   9.  A featured article or interview on the conference site showcasing your support, if desired;

  10.  Three (3) conference t-shirts, if desired;

b.  “Silver” sponsorship in the amount of $2,500.00 USD shall include the following services:

    1.  Three (3) reserved conference passes;

    2.  One (1) large virtual display booth in the Expo Area;

    3.  One (1) half page ad in the conference program and schedule;

    4.  Two (2) conference t-shirts, if desired;

    5.  Organization logo printed prominently on virtual conference space, signs, materials, kiosks, and posters located in the Keynote Regions, Breakout Regions, Landing Regions, and Expo Regions;

    6.  Organization logo and link prominently displayed on the convention website, program, and schedule;

    7.  A HyperGrid connected “link region” on the conference map or teleport portal, if desired;

c.  “Bronze” sponsorship in the amount of $1,000.00 USD shall include the following services:

    1.  Two (2) reserved conference passes;

    2.  One (1) medium virtual display booth in the Expo Area;

    3.  One (1) half-page ad in the conference program and schedule;

    4.  Organization logo printed prominently on virtual conference space, signs, materials, kiosks, and posters located in the Keynote Regions, Breakout Regions, Landing Regions, and Expo Regions;

    5.  Organization logo and link prominently displayed on the convention website, program, and schedule;

    6.  A HyperGrid connected “link region” on the conference map or teleport portal, if desired;

   7. One (1) conference t-shirt, if desired;

d.  “Nickel” sponsorship in the amount of $500.00 USD shall include the following services:

    1.  One (1) reserved conference passes;

    2.  One (1) small virtual display booth in the Expo Area;

    3.  Organization logo printed prominently on conference space, signs, materials, kiosks, and posters located in the Landing Regions and Expo Regions;

    4.  Organization logo and link displayed on the convention website, program, and schedule;

   5. One (1) conference t-shirt, if desired;

d.  “Wood” sponsorship in the amount of $250.00 USD shall include the following services:

    1.  One (1) reserved conference passes;

    2.  One (1) community size virtual display booth in the Expo Area;

    3.  Organization logo printed prominently on conference space, signs, materials, kiosks, and posters located in the Landing Regions and Expo Regions;

    4.  Organization logo and link displayed on the convention website, program, and schedule;

III.  SPONSOR REQUIREMENTS

a.  Upon execution of this Agreement by both parties, Sponsor shall remit payment to AvaCon in the amount indicated by the Sponsorship Level selected by Sponsor at the beginning of this agreement.  Payment will be remitted by electronic bank transfer, cashier’s check, or money order payable to “AvaCon, Inc.” via first class mail to:

AvaCon, Inc.
c/o Opensimulator Conference Sponsorship
275 Winthrop Street
PO Box 618
Rehoboth, MA, 02769-1819

b.  AvaCon shall require certain materials from Sponsor to meet deadlines for artwork, printing, and materials in the production of the conference schedule and program, virtual conference venue buildings, signs, materials, kiosks, posters, and other conference items.  Sponsor shall supply the necessary artwork and materials in a timely manner, including but not limited to:

1.  Sponsor’s official logo graphic;

2.  Sponsor’s official website address;

3.  Official names and designations of Sponsor;

4.  Graphic design and artwork for ads;

5.  Virtual display, booth, or exhibit in the Expo Regions;

c.  If Sponsor does not comply with deadlines and requirements for providing requested artwork and materials, Sponsor acknowledges the promotion opportunities offered in Section II herein may no longer be available, and Sponsor agrees to hold AvaCon harmless for any such loss of promotional opportunities.

IV.  DISCLAIMERS OF WARRANTY AND LIABILITY

a.  AVACON, INC. SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES (ORAL OR WRITTEN), INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT AND ACCURACY OF INFORMATIONAL CONTENT.

b.  DAMAGES LIMITATION:  AVACON, INC. SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING LOSS OF REVENUE OR PROFIT, LOST DATA, OR DOWNTIME COSTS) ARISING OUT OF THIS AGREEMENT EVEN IF AVACON, INC. HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY.  IN ANY CASE, AVACON, INC.’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE THE AMOUNT INDICATED IN THE SPONSORSHIP LEVEL SELECTED BY SPONSOR AT THE BEGINNING OF THIS AGREEMENT HEREIN.

V.  COMPLIANCE WITH REGULATIONS; INDEMNIFICATION

a.  Sponsor agrees to abide by and comply with all regulations, policies, and requirements imposed by AvaCon and the operator and host of the Opensimulator virtual world grid where the virtual OpenSimulator Community Conference 2018 will be held.

b.  Sponsor agrees to protect, indemnify, defend, and hold harmless Avacon and its employees, agents, and partners against all claims, losses or damages to persons or property, governmental charges or fines, and costs (including reasonable attorney’s fees), arising out of or connected with the Sponsor’s activities at the virtual OpenSimulator Community Conference 2018.

c.  Sponsor shall, in addition to other amounts payable under this Agreement, pay all sales, use, or other taxes levied or imposed by reason of the transactions contemplated under this Agreement.

VI.  NOTICES

Any notice or communication required or permitted in this Agreement shall be in writing and shall be mailed by first class mail, registered or certified, postage prepaid, to the address set forth on the first page of this Agreement, or any successor address supplied in writing to the other party of this Agreement.

VII.  GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the federal laws of the United States and the laws of the Commonwealth of Massachusetts, without regard to the conflicts of law provisions thereof.

VIII.  FORCE MAJEURE

AvaCon shall not be responsible to the Sponsor for failure to perform any of the obligations imposed by this Agreement, provided such failure shall be occasioned by negligence of the Sponsor, fire, flood, explosion, lightning, windstorm, earthquake, subsidence of soil, failure or destruction, in whole or in part, of machinery or equipment, IT systems, computer servers, or internet and network connections, or failure of supply of materials, discontinuity in the supply of power or internet connection, governmental interference, civil commotion, riot, acts of terrorism, Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks, war, strikes, labor disturbance, transportation difficulties, labor shortage, acts or omissions of other common carriers, or any cause beyond the reasonable control of AvaCon.

IX.  SEVERABILITY

Every provision of this Agreement is intended to be severable, and if any term or provision hereof shall be invalid, illegal, or unenforceable for any reason, that provision shall be construed, limited, modified, or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and the validity, legality, and enforceability of the remaining provisions hereof shall not be affected or impaired thereby, and any invalidity, illegality, or unenforceability in any jurisdiction shall not affect the validity, legality, or enforceability of any such term or provision in any other jurisdiction.

X.  COVERAGE/ASSIGNMENT

Neither AvaCon nor Sponsor may assign this Agreement to any person or entity without the other party’s prior written consent.  Any attempted assignment shall be void and will confer no rights on the assignee.  Notwithstanding the foregoing, this Agreement shall be legally binding upon and inure to the benefit of the parties, their respective successors and permitted assigns.

XI.  WAIVER

The waiver or failure of AvaCon or Sponsor to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver or the same right subsequently or of any other right under this Agreement.

XII.  ENTIRE AGREEMENT

This Agreement sets forth the entire understanding of the parties hereto, supersedes any prior agreements, negotiations, and understandings of the parties relating to the subject matter hereof and may not be changed and no provision hereof may be waived except by a writing signed by all of the parties hereto.  In connection with entering into this Agreement, the parties specifically disclaim any reliance on any and all oral and written representations, statements, warranties, or covenants that are not contained in this Agreement.

XIII.  INTERPRETATION

Each and every provision of this Agreement has been mutually negotiated, prepared, and drafted, and in connection with the construction of any provision hereof, no consideration shall be given to the issue of which party actually prepared, drafted, requested, or negotiated any provision of this Agreement or its deletion.  The headings and paragraphs and subparagraphs of this Agreement are inserted for the convenience of reference only, and shall not be considered a part hereof.

XIV.  COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the sponsorship level indicated and on the day and year indicated below.

If the sponsor is an organization or company, please enter the full legal name of the entity. If the sponsor is an individual, please enter the first and last legal name of the person.
Enter the first and last legal name of the authorized representative signing this agreement.
Please enter the title of the person signing this agreement. If the sponsor is an individual or person, enter "Individual Sponsor" as the title.
Enter the email address where a copy of this agreement should be sent.
Please enter the full real world mailing address of the organization, company, or sponsoring individual where legal notices should be sent.