BevNET Event Terms and Conditions

1. Definitions.

1.1“Agreement” means the attached Order Form, as defined below, and these terms, including any attachments or appendices.

1.2“BevNET” means BevNET.com, Inc., the corporation located at 65 Chapel Street, Newton, MA 02465, including all of its affiliates, contractors, agents, and assigns.

1.3“Order Form” means the quote and payment form that is attached to or that references these terms.

1.4“Sponsor” means the company listed in the Main Contact Information section of the Order Form, including all of its affiliates, contractors, agents, and assigns.

1.5“Parties” means collectively BevNET and the Sponsor, each individually referred to as a party, as the case may be.

1.6“Sponsorship Services” means the services provided by BevNET to the Sponsor in exchange for the Sponsorship Fee, as detailed in the Order Form.

1.7“Sponsorship Fee” means the fee paid by the Sponsor for the Sponsorship Services, as detailed in the Order Form.

1.8“Execution Date” means the later of the dates that the Order Form is signed by both the Sponsor and BevNET.

1.9“Event” means the in-person event that is held by BevNET and referenced on the Order Form.

2. Sponsorship Responsibilities and Conditions. Sponsor acknowledges and agrees to the following responsibilities and conditions related to the sponsorship of the Event:

2.1 Sponsor expressly agrees not to sponsor, organize or manage any entertainment, meetings, tours, special events, hospitality suite functions, private functions or other activity during Event hours that may be reasonably anticipated to have an adverse effect on attendance at the Event unless previously approved in writing by BevNET.

2.2 Any marketing or similar materials distributed by Sponsor during the Event or in conjunction with the Event must comply with all published Event rules and with all applicable laws, rules and regulations.

2.3 BevNET reserves the right to assign all Sponsor booth or table top locations that may be included in the Sponsorship Services, or to make such locations available on a ‘first come, first served’ basis, at BevNET’s discretion.

2.4 Except as expressly provided for in this Agreement, Sponsor is solely responsible for all travel, meals, entertainment, and other expenses related to Sponsor’s attendance at the Event.

2.5 Sponsor shall be responsible for coordinating and paying any and all costs and expenses related to the shipment, storage and removal of Sponsor possessions to/at/from the Event location.

2.6 Sponsor must request any special accommodations necessary for their sponsor booth or table top at the Event at least 14 days in advance of the Event. BevNET will work in good faith to supply such accommodations, but makes no guarantee that the accommodations will be available and further reserves the right to to charge a fee for the accommodations.

3. Use of Marks. Each party hereby grants the other party a nonexclusive, worldwide, royalty-free license to use any trademark, service mark, trade name, other proprietary logo or insignia, URL, domain name, or other source or business identifier that such party provides (collectively, “Marks”) in connection with the purposes of this Agreement. If a party is dissatisfied with the other party’s use of its Marks, the other party shall immediately cease or alter such use at such party’s request.

4. Term and Termination.

4.1 This Agreement shall commence on the Execution Date and shall automatically terminate upon completion of the Event.

4.2 BevNET may terminate this Agreement at any time without cause or penalty.

4.3 Either party may terminate the Agreement in the event of a material breach by the other party which remains uncured after ten (10) days following written notice.

4.4 This Agreement may be terminated without penalty and BevNET may revoke, cancel or deny Sponsor’s right to exhibit at the Event and any future BevNET events if Sponsor does not comply with the published Event rules, attached as Appendix A.

5. Payment. Unless otherwise stated on the Order Form, the Sponsorship Fee will be invoiced in full upon execution of this Agreement and will be payable 30 days from the invoice date. BevNET reserves the right to charge interest on past due amounts at the lesser of (i) 1.0% per month, or (ii) the greatest amount allowed by Law in the applicable jurisdiction.

6. Taxes. All payments required by this Agreement are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, value added taxes, sales taxes, use taxes, and withholding taxes) (collectively, “Taxes”) and any delivery costs, and Sponsor agrees to bear and be responsible for the payment of all such Taxes and charges, excluding taxes imposed on or measured by our net income.

7. Confidentiality. Both Parties acknowledge that Confidential Information may be disclosed to the other party during the term of this Agreement. “Confidential Information” means any confidential or trade secret information disclosed by one party to the other party, either orally or in writing, including but not limited to the terms and conditions of this Agreement, as well as customer lists, marketing and product plans, technology, systems, business processes, and any other financial, sales, marketing or business information that is identified as or should reasonably be understood to be, confidential. Data, information or materials disclosed shall not be deemed Confidential Information if (a) disclosed in public materials without breach of this Agreement or otherwise in the public domain; (b) lawfully obtained from a third party without any obligation of confidentiality; (c) lawfully known to the receiving party prior to disclosure by the other party; or (d) independently developed by the receiving party without use of or reference to the Confidential Information. Each party will treat all Confidential Information of the other party with the same degree of care as it accords to its own Confidential Information, but in no event less than a reasonable degree of care; and will destroy/securely delete or return to the other party all Confidential Information upon termination or expiration of this Agreement.

8. Limitation of BevNET’s Liability; Exclusive Remedies.

8.1 If BevNET changes the Event date or location, or cancels the Event in its entirety, any of which BevNET may do in its sole discretion, BevNET’s sole responsibility and entire liability to Sponsor shall be to (a) in the case of BevNET’s cancellation of the Event, issue a credit to Sponsor in the amount of the applicable prepaid Sponsorship Fee, which shall be used towards Sponsor’s purchase of additional events or programs, whether such events or programs may be comprised of digital or Event offerings, during the then-current BevNET fiscal year, or (b) in the case of changes to the Event dates or location, notify the Sponsor of such changes and, in the event that Sponsor cannot attend the rescheduled or relocated Event, issue a credit to Sponsor in the amount of the applicable Sponsorship Fee, which may be used towards the purchase of additional BevNET programs or Events, whether such programs or Events may be comprised of digital or Event offerings, during the then-current BevNET fiscal year.

8.2 BevNET’s entire liability to Sponsor arising out of, or relating to, this Agreement shall be limited to the fees actually paid hereunder for a particular Event. In no event shall BevNET be liable to Partner or any consequential, incidental, special, reliance or indirect damages arising out of or relating to the Events, their cancellation or any changes thereto, whether such claim is based in contract or tort, and whether or not BevNET has been advised of the possibility of such damages.

9. Liability of Sponsor.

9.1 Sponsor acknowledges that (i) it is solely responsible for any demonstration materials and products used in connection with the Event and for insuring its property from all loss or damage and (ii) all of its property is deemed to be in its care, custody and control in transit to and from, or within the confines of, the Event venue. Sponsor agrees not to make any claims against BevNET for loss, theft, damage, or destruction of property, or injury, including death, to itself, its employees, agents or representatives, unless caused solely by the gross negligence or willful misconduct of BevNET.

9.2 Sponsor acknowledges that it is solely responsible for any damage caused by its employees, agents or equipment to building floors, walls, or columns, or to standard booth equipment, or to other property belonging to the Event venue, BevNET or other Event participants or attendees, including, without limitation any injury or damage resulting from Sponsor’s failure to comply with any of the stated or published Event rules.

10. Indemnification. Each party agrees to indemnify and hold harmless the other party from any claims, damages, loss or expenses (including attorneys’ fees) that a party may incur as a result of a third-party claim arising from or in connection with a party furnishing the services envisioned in this Agreement to the other party unless such claim is based on willful or wanton acts in connection with delivery of the Sponsorship Services.

11. General Terms.

11.1 BevNET will not be liable for delays in satisfying its obligations under this Agreement, delivery, non-delivery, or other errors as a result of events beyond our control including Acts-of-God, actions by any government entity, fire, flood, riot, explosion, embargo, strikes, labor or material shortage, transportation interruption, national emergency, acts of terrorism or war, or Internet or communications failure.

11.2 BevNET will determine in its sole discretion the manner and means by which the Event is executed.

11.3 BevNET reserves the right to control all suites, meeting rooms, and other event spaces at the Event venue.

11.4 The Sponsor represents and warrants to BevNET that it has the authority to enter into this Agreement and that the person signing the Agreement is authorized by the Sponsor to execute this Agreement and bind the Sponsor to the terms set forth herein.

11.5 This Agreement constitutes the entire agreement and understanding between the parties concerning Sponsor’s purchase of the Sponsorship Services hereunder and may be amended only by a written document executed by a duly authorized representative of each party.

11.6 BevNET owns all rights, title and interest in and to any and all content related to the Events, including, without limitation, text, video recordings, audio recordings graphics, logos, images, digital downloads, data compilations, and software. Nothing in this Agreement shall be deemed to transfer ownership of such rights, title or interest to Sponsor or any other party.

11.7 The rights and liabilities of the parties hereto shall bind and inure to the benefit of their respective successors, executors and administrators, as the case may be. Neither party may assign or delegate its obligations under this Agreement, in whole or in part, without the prior written consent of the other party.

11.8 If any term or condition in this Agreement conflicts with any term or condition in any purchase order, work order or similar supplementary document submitted by the Sponsor, the term or condition set out in this Agreement shall prevail. No purchase order or similar supplementary document that purports to modify or supplement this Agreement shall add to or vary the terms of this Agreement and all proposed variations or additions submitted by the Sponsor are objected to and deemed material unless otherwise agreed to in a writing signed by both parties.

11.9 The following provisions shall survive the termination of this Agreement: all definitions,

11.10 Sponsor consents to the taking of photographs, video and audio recording for the use of BevNET in promotional or news materials that may appear in print, digital, or in other media.

11.11 This Agreement shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts (excluding conflict of laws principles) and the parties consent to the exclusive jurisdiction of the state and federal courts of Massachusetts.

Appendix A
BevNET.com, Inc. Event Rules and Policies

The following policies govern attendance at all BevNET.com, Inc. (“BevNET”) in-person events, including without limitation BevNET Live, Nosh Live and Brewbound Live (singularly the “event” or collectively the “events”). Please also refer to our General Terms and Privacy Policy for additional terms and information.

1. Registration, Identification and Event Credentials.

1.1. At the time of event registration, attendees are required to provide true and accurate contact information, including full name, unique email address, phone number, company name and job title. Changes to contact information may be made by the attendee via their attendee portal, requested via email to support@bevnet.com or requested in-person at the event registration desk.

1.2. A state or country-issued ID matching the name on the event registration is required in order to check in and receive an event badge.

1.3. A current and valid event badge is required at all times while attending the event, including at any event-sponsored meetings, breakout sessions, meals, or parties. Event badges must be displayed prominently, with the attendee name and company name visible to BevNET staff and security, at all times.

1.4. Event badges may not be shared with or given to anyone other than the person listed on the event registration.

1.5. BevNET reserves the right to verify the identity of anyone using an event badge. Anyone found to be using a fraudulent or falsified badge will have the badge confiscated and will be asked to either correctly register for the event or to leave the premises.

2. Refunds, Credits and Transfers.

2.1. EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, EVENT REGISTRATION FEES ARE NON-REFUNDABLE AND NON-TRANSFERABLE.

2.2. Event registrations may be transferred to another person at the same company up until the start of the event. Event registration transfer requests should be emailed to support@bevnet.com.

2.3. From time to time and given extenuating circumstances, we may issue refunds, credits or transfers at our sole discretion. If we issue a refund, credit or transfer in one instance, we are under no obligation to issue the same refund, credit or transfer in the future.

3. Event Conduct and General Policies.

3.1. All attendees are expected to conduct themselves in a manner that is respectful to other attendees and to BevNET, venue and security staff. Attendees who engage in any behavior that BevNET deems inappropriate, disrespectful, disruptive or harassing will be asked to halt such behavior and may be asked to leave the premises or may be referred to the appropriate authorities.

3.2. There is no smoking, including vaping or electronic cigarettes, allowed during the events, except in designated outdoor smoking areas.

3.3. Animals, other than service dogs, are not permitted at any BevNET events.

3.4. BevNET reserves the right to deny admission to, or remove any party from, an event for any reason. In such instances, BevNET is under no obligation to provide a refund, credit or transfer of the event registration fee.

4. Distribution of Product Samples and Literature.

4.1. Unless otherwise approved by BevNET, attendees may not distribute any food or drink products or samples at BevNET events. Attendees wishing to sample their product(s) during an event must complete the applicable sampling application form and meet all applicable sampling requirements prior to the event. Products that meet all sampling requirements will be distributed/sampled at the event by BevNET staff only.

4.2. Attendees, other than official event sponsors, may not distribute any marketing or promotional materials to other attendees, or place any materials or products in or on any BevNET or venue property (including walls, floors, exhibits, signs, furnishings or equipment) during the event. Distribution of materials by official event sponsors is subject to the terms and conditions of the applicable event sponsorship agreement.

4.3. Attendees found to be distributing any food or beverage products/samples or any marketing or promotional materials without the prior written consent of BevNET will be required to halt such activities and may be asked to leave the premises.

5. Photography and Video Policy.

5.1. Event attendees consent to BevNET (including its officers, directors, officials, employees, agents, contractors and representatives) photographing and/or recording all or any part of the event and (ii) grant BevNET the worldwide, perpetual, royalty free right and license to reproduce, distribute, transmit, publicly perform and publicly display all such photographs and recordings, including without limitation, the name, images and likenesses of attendee or company contained therein (and any derivative works thereof) in any print, digital or other medium.

5.2. Event attendees are permitted to take photographs or video/audio recordings of the event sessions and content using a reasonably-sized personal device such as a mobile phone or handheld camera, provided that such photographs and recordings are for the attendee’s own personal and non-commercial use. Attendees may not take photographs or video/audio recordings of other event attendees or sponsors without their consent.

5.3. Professional or commercial photography or videography of or during the events is not permitted without prior written approval from BevNET.

6. Third-Party Events and Meetings.

6.1. All third-party events, meetings and seminars taking place at the event venue must be approved by and registered with BevNET in advance.

6.2. No BevNET trade name, event name, mark or logo may be used to promote any third-party event, meeting, seminar or party unless approved in advance by BevNET in writing.

6.3. BevNET event attendee lists and/or contact information may not be used to promote any third-party event, meeting, seminar or party unless approved by BevNET in writing

7. Email and Communications Policy.

7.1. By registering and providing BevNET with an email address and/or other contact information, event attendees acknowledge and agree to the use by BevNET of such contact information to communicate about events, products, services and offerings by BevNET, its affiliates, and/or third-party partners, consistent with our Privacy Policy.

7.2. In addition, event attendees consent to the sharing of their contact information with any sponsors of the event. Please refer to the privacy policies of such sponsors for more details on how contact information may be used by them.

7.3. Event attendees may choose to participate in the online event networking portal provided by BevNET by following the instructions that we send via email. By participating in the portal, attendees consent to being contacted by other event attendees for the purposes of networking or scheduling meetings. Any disrespectful, harassing, or inappropriate behavior in the networking portal should be reported to BevNET staff, either in person at the event or via email to support@bevnet.com.