Presenter Terms and Conditions

TERMS AND CONDITIONS

These terms form part of the Show Upload Insertion Order (the “SUI”) between SFS and Presenter.

1. Service. SFS may serve listings (the “Show Uploads”) on website pages that are owned, operated, authorized, or hosted by or for SFS and its affiliates and the network of advertising channels, including all forms of media, applications, and devices, through which SFS distributes listings, whether on or off the SFS Company Websites, in its’ discretion. When a user clicks on a Show, that user will be directed to Presenter’s form (the “Form”), which will be created and hosted by or for SFS, that prompts the user to provide information that may include the user’s first name, last name, email address and telephone number. The information that the user provides is the “Lead,” and any information that personally identifies any individual user is “PII”. SFS will transmit the lead via email provided by Presenter on the SUI.

2. Provision of Show Content. Shows Content and the Form, which content may include trademarks, service marks, logos and other distinctive brand features of Presenter (the “Show Content”) will be provided to SFS by or on behalf of Presenter. All Show Content is subject to SFS’s approval and must comply with SFS’s then current specifications and listing policies. SFS may reject Show Content and/or stop displaying any Listing at any time, for any or no reason (including, but not limited to, a belief that the display of Show Content may subject SFS to liability).

3. License; Ownership. Presenter hereby grants to SFS, and its third-party service providers and third parties distributing the Listings via the SFS Distribution Network (“SFS Entities”), a non-exclusive, worldwide, royalty free, fully paid license to use, reproduce, copy, modify, encode, store, archive, distribute, transmit, translate, publish and publicly display the Listing Content in connection with the Show Listings and the Form on the SFS Distribution Network. As between SFS and Presenter, Presenter owns the listings subject to the limitations set forth herein; provided that Presenter hereby provides SFS and its affiliates with a worldwide, royalty free, fully paid license to use the listings.

4. Terms of Payment. Presenter agrees to pay SFS for any successful incursion enquiries at a rate of 10% of the Performance Fee. SFS’s measurement of delivered leads is the sole, official and definitive measurement under the SUI. Presenter may elect to pay by credit card or, subject to approval under the SFS credit policy, to receive an invoice. If Presenter receives an invoice, payment shall be made to SFS within 30 days of the date of such invoice. SFS reserves the right to charge a late fee of the lesser of 1.5% per month or the maximum rate allowable by law in the event that SFS does not receive payment by the date payment is due. Presenter will pay SFS’s reasonable expenses, including attorneys’ fees and costs, incurred in collecting past due amounts. SFS may suspend performance under any agreements with Presenter if Presenter does not make timely payment or if Presenter’s credit becomes impaired.

5. Cancellation, Assignment or Resale. Presenter may not (1) cancel the SUI or (2) resell, assign or transfer any of Presenter’s rights under the SUI. In addition, subject to the license granted to SFS in Section 3 hereof, the listings are for Presenter’s use only, and Presenter may not disclose, sell, license or otherwise transfer any of the listings. SFS may terminate the SUI without liability if Presenter attempts to resell, assign or transfer any of its rights hereunder, or breaches any obligation hereunder and such breach is not cured within ten (10) days of receipt of notice of such breach. SFS may terminate the SUI for convenience with notice to Presenter. Sections 4, 7-13 and the last sentence of this Section 5 shall survive termination or expiration of the SUI.

6. Reports. All history of leads is found in Presenter account. Presenter will keep lead status of each enquiry up to date.

7. Representations and Warranties. Presenter represents, warrants, and covenants that: (i) the Show Content does not infringe the rights of any third party and neither the Show Content nor Presenter’s privacy policy violates any law, rule, regulation, or order; (ii) it has and will continue to have all rights and licenses necessary to perform all of its obligations hereunder; (iii) it has and will continue to meet the obligations of its privacy policy

8. Privacy Policies. The Form, and any other pages on which listings are collected, are to be governed by, SFS’s and Presenter’s respective privacy policies.

9. Security. Presenter will have, at a minimum, industry standard security protocols in effect to protect the listings and any PII.

10. Indemnification. Presenter will indemnify, defend and hold harmless the SFS Entities and its and their affiliates and their employees, representatives and agents against any claim, demand, action investigation or other proceeding (“Claim”), including all damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys’ fees and costs) to the extent the Claim is based on or arises out of (i) the Show Content or any material, product or service of Presenter’s that appears on any web page linked to from the Show Listing and (ii) any breach of Section 7, 8 or 9 of this SUI.

11. Limitations. The services are provided “as is” and SFS makes no, and expressly disclaims any, warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, title, non-infringement or otherwise, including with respect to the services or the functionality, performance or results of use thereof. SFS shall not be liable to Presenter (nor to any person claiming rights derived from Presenter’s rights) for any indirect, special, incidental, consequential, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, arising out of this agreement, regardless of whether SFS was advised, had other reason to know, or knew of the possibility thereof. In any event, SFS’s maximum liability arising out of or relating to this loss, whether the cause of action arises in contract, tort, or otherwise, shall not exceed the amounts paid and payable by Presenter to SFS hereunder.

12. Confidential Information. “Confidential Information” means any information disclosed to Presenter by SFS, either directly or indirectly, in writing, orally, or by inspection of tangible objects, other than information that Presenter can establish: (i) was publicly known and made generally available in the public domain prior to the time of disclosure to Presenter by SFS, (ii) becomes publicly known and made generally available after disclosure to Presenter by SFS other than through Presenter’s action or inaction, or (iii) is in Presenter’s possession, without confidentiality restrictions, prior to the time of disclosure by SFS, as shown by Presenter’s files and records. Presenter shall not at any time: (i) sell, license, or transfer any Confidential Information, (ii) disclose or otherwise make available to any person or entity any Confidential Information (other than to those of Presenter’s employees who are bound in writing by use and confidentiality restrictions which are no less protective of us than those contained in this SUI and who have a legitimate need to know such Confidential Information in connection with this SUI), or (iii) access, use, reproduce, or copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to Presenter and in accordance with this SUI. Presenter agrees to take all measures to protect the secrecy of, and to avoid disclosure and unauthorised use of, the Confidential Information. If required by law to disclose Confidential Information, Presenter may do so provided that: (a) Presenter gives SFS prompt written notice of such requirement prior to such disclosure, (b) at SFS’s request, Presenter assists SFS in obtaining an order protecting the Confidential Information from public disclosure, and (c) any such disclosure is limited to the minimum extent necessary to comply with the legal requirement. Except for the listings, all Confidential Information shall remain SFS’s personal property, and all documents, electronic media, and other items containing or relating to any Confidential Information shall be delivered to SFS, destroyed, or uninstalled immediately upon SFS’s request, or upon termination of this SUI. You may not issue any press release or other public statement regarding this SUI without SFS’s prior written consent.

13. General Terms. The SUI is governed by and construed in accordance with the laws of Australia except its conflicts of law principles, and each party agrees to personal jurisdiction and venue in the federal and state courts for Victoria, Australia. If an agency is signing the SUI on behalf of Presenter, the agency is listed on the first page of the SUI and represents that it has the authority to bind Presenter to these terms and agrees to indemnify the SFS Entities for any breach by agency of the SUI. SFS and its subsequent assignees, if any, may assign, delegate, sublicense, or otherwise transfer from time to time the SUI, or the rights or obligations hereunder, in whole or in part, to any person or entity. The SUI and these terms are the complete and entire agreement between the parties, and supersede any other agreements (whether written or oral) between the parties, on this subject. The SUI may only be amended by a written agreement executed by an authorised representative of each party.

Once you have joined you can -

- Upload any number of shows, and edit them, at any time.

- Create a presenter profile for your company/venue

- Decide to highlight your presence on SFS by taking

  1. A front page Ad
  2. Paying for your show to be in the top 3 on the Shows Page
  3. Paying for your show image to appear on the front page