a. Symposium shall mean the annual ABU Digital Broadcasting Symposium to be held virtually from 5 April to 8 April in 2021 where all the applications for the purpose of the Symposium are meant for a virtual event only.
b. Symposium Handbook shall mean the e-Handbook posted on the DBS 2021 website outlining the key Symposium activities, the list of sponsors and exhibitors along with advertisements and other ancillary materials.
2. APPLICATION TO SPONSOR:
The ABU shall decide whether to confirm an application applied for without being subject to any legal claim made by a potential Sponsor or without having to give any reasons for its decision.
For a reservation to be officially registered, the Sponsor must:
(a) submit an official online application for Sponsorship and receive approval from the ABU; and
(b) pay the amounts stated in the Deal Terms.
3. TOTAL COST:
The Total Cost payable under the Deal Terms shall be net of all taxes, including withholding taxes, levies, and/or other charges of whatever nature, imposed or levied by any law, rule or regulation.
The ABU shall have the right to exclude or to require modification of any images or videos in the Sponsorship space, which in its sole discretion is objectionable.
5. PROHIBITION OF POLITICAL MATERIALS AND MESSAGES:
The ABU is a non-political association. The Sponsor shall not therefore display or present or cause to be displayed or presented or through written, video or audio presentation, any materials which have political message, statement, motive or agenda or espouse or show support for any political ideology, doctrine or discipline at the Sponsorship space. Any violation of this provision shall authorize the ABU to terminate the Agreement at any time without prior notice.
6. RELATIONSHIP OF PARTIES:
The Agreement does not constitute a partnership, employer – employee relationship, joint venture or agency between the ABU and the Sponsor.
The Sponsor shall indemnify and defend the ABU and all its officers, employees, agents and authorized representatives from and against any and all liability, responsibility, loss, damage, cost or expense of any kind whatsoever (including but not limited to cost, interest, and attorney’s fees) which the ABU and/or any of its officers, employees, agents and authorized representatives may incur, suffer, be subject to, pay or be required to pay, as a result of intentional or negligent act of omission, or breach of this Agreement, by the Sponsor or any of its representatives, agents, employees and invitees.
(A.) In the event of the Symposium being rescheduled, all clauses stated in the Deal Terms shall remain in effect and valid, and any Sponsorship Fee already paid shall be applicable to the rescheduled Symposium. Any remaining Sponsorship Fee shall be due to the ABU.
(B.) No claim, loss, damage, suit or proceeding against ABU and/or against its officers, employees, agents and authorized representatives shall arise due to the cancellation, rescheduling or postponement of the Symposium for any reasons.
9. PRESS RELEASES AND ANNOUNCEMENTS:
No press release and announcement shall be made by the Sponsor about the Symposium without seeking ABU’s prior written approval.
The Sponsor warrants that:
(A.) It has the requisite legal authority and approvals to undertake the activities and operations specified by the Agreement.
(B.) It has the ability to perform its obligations under the Agreement.
(C.) It will exercise reasonable skill, care and diligence in running its operations and activities.
(D.) It will comply with all applicable laws, rules, regulations and bye–laws in relation to undertaking the activities of the Symposium.
(E.) The exercise of its right to sponsor at the Symposium does not infringe the rights (including intellectual property rights) of third parties.
11. IMAGE RIGHTS/PUBLISH RIGHTS:
ABU reserves the right to take screenshots during the Symposium and subsequently the right to publish them on its website and printed materials as it seems fit. Copyright in such images shall exclusively vest with the ABU. Any person who wishes his/her image not to be used in this context shall notify the ABU, failing which it will be accepted as an implied consent (opt-in).
12. MUSIC LICENCE AND USE OF COPYRIGHTED WORKS:
The Sponsor shall be responsible for seeking consent and securing all necessary licenses for (a) any performances (whether live or otherwise), displays or other uses of copyrighted works, trademarks or patented inventions or designs and (b) any use of any name, likeness, signature, voice or other impression, or any other form of intellectual property owned by third parties at the Symposium.
The Sponsor and any of their authorized agents shall neither use nor allow any musical work under copyright protection to be played, staged, produced or otherwise performed or broadcast for free or otherwise by or on their behalf unless prior written consent of the copyright owner has been sought.
The Agreement shall remain valid for all intents and purposes notwithstanding one or more Deal Terms are invalid for any reasons whatsoever.
The waiver by either party of a breach of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission by either party in exercising any right that it may have under this Agreement operate as a waiver of any breach or default by the other party.
No consent to any variation of any term or condition of this Agreement shall be valid unless any modifications, alterations, amendments or variations thereof are in writing under the hands of both parties. No past dealing shall be construed as having established a custom for succeeding or the present contract.
15. FORCE MAJEURE:
(A.) ABU and all its officers, employees, agents and authorized representatives shall not be liable to the Sponsor for any breach of the Agreement arising due to a Force Majeure event including but not limited to acts of God, fires, floods, wars, labor unrest, other disturbances or causes beyond its control.
(B.) If the Force Majeure event lasts continuously for at least 14 days or such period as may be agreed by the Parties, either party may terminate this Agreement without prejudice to their rights and obligations prior to such termination.
16. EXCLUSION OF LIABILITY:
(A.) Limitation: In the event of any suit or proceeding filed against the ABU on account of any liabilities arising under the provisions of this Agreement, ABU’s liability shall be limited only to the value of the present contract.
17. GOVERNING LAW:
(A.) The Agreement has been construed under the Laws of Malaysia and for all intents and purposes shall be governed by it.
(B.) The Sponsor shall conform to Section 17 (1) and 17 (2), Section 18, Section 24 and Section 25 of the Occupational Safety and Health Act 1994.
(C.) The Sponsor is duly obligated to abide by and conform to any other Malaysian laws, rules, regulations, bye-laws and safety and occupational standards related to organization and exhibition of an event in the nature of the Symposium.
18. DISPUTE RESOLUTION:
(A.) In the event of any dispute between the parties arising under this Agreement, the parties agree in good faith to resolve the dispute by informal discussion with a view to reaching an amicable resolution.
(B.) In the event of a failure to reach an amicable resolution by informal discussions within a period of 2 months since the inception of the dispute, the parties agree to submit the dispute subject to the following terms to arbitration.
On behalf of my company, I hereby acknowledge that I have read, understood and will comply with the ABU DBS 2021 STANDARD TERMS AND CONDITIONS.