Standard Sponsorship Terms and Conditions Insertion Order (IO) Advertising Agreement Relevant to Logo Placement In Digital and Physical Advertising and LIVE or VIRTUAL EVENTS and/or GRAPHIC WEB ADVERTISING AS LAID OUT IN INSERTION ORDER (IO) Agreement

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Details

Advertiser hereby agrees to advertise based upon the selections made (either in writing or purchased online at ConciergeMedicineToday.com) and will make full payment to Concierge Medicine Today, LLC., or its representative or Management Company. Advertiser agrees that once advertising has been agreed upon and submitted for distribution.

No cancellation is allowed.

Advertiser understands that all advertising rates are set forth here on the web site or included in the Advertising Agreement and are subject to change without notice. Advertiser hereby agrees that its advertising is truthful with no misstatements of facts or untrue statements. Advertiser agrees that if Advertiser makes such misstatements of facts or untrue statements, Concierge Medicine Today, LLC., and/or one of its Representatives may pull the ad without any penalty and without refund to Advertiser.

Details

Advertiser hereby agrees to advertise based upon the selections made (either in writing or purchased online at ConciergeMedicineToday.com) and will make full payment to Concierge Medicine Today, LLC., or its representative or Management Company. Advertiser agrees that once advertising has been agreed upon and submitted for distribution. No cancellation is allowed.

Advertiser understands that all advertising rates are set forth here on the web site or included in the Advertising Agreement and are subject to change without notice. Advertiser hereby agrees that its advertising is truthful with no misstatements of facts or untrue statements. Advertiser agrees that if Advertiser makes such misstatements of facts or untrue statements, Concierge Medicine Today, LLC., and/or one of its Representatives may pull the ad without any penalty and without refund to Advertiser.

AGREEMENT of TERMS & CONDITIONS/GUIDELINES and BEHAVIOR & YOUR CONSENT

By using our platforms, becoming a sponsor, using our site, participating in the virtual conference, you, your company and representatives consent to and agree to our online privacy policy (https://conciergemedicineforum.com/privacy-policy/), legal disclaimers (https://conciergemedicineforum.com/2021-comprehensive-terms-conditions-2/), Live Event T&Cs (https://conciergemedicineforum.com/sponsors-exhibitor-tcs/), webinar and podcast guest T&Cs (https://conciergemedicineforum.com/live-and-recorded-events-speaker-agreement/ and https://conciergemedicineforum.com/webinar-and-podcast-terms-and-conditions/), updated terms and conditions as attendees and as sponsors as outlined (below) and here https://conciergemedicineforum.com/virtual-terms-and-conditions/ and our Comprehensive T&Cs found here https://conciergemedicineforum.com/2021-comprehensive-terms-conditions-2/.

1. Program.  Partner desires CONCIERGE MEDICINE TODAY, LLC., to implement the Program described in the Insertion Order (IO) signed by CONCIERGE MEDICINE TODAY, LLC., and Partner (the “Program”).  The IO and these Terms & Conditions are referred to collectively as the Agreement. 

2. Term.  These terms & conditions shall be effective as of the date of signature of the IO and shall expire ninety (90) days after the completion of all deliverables/serviceables related to the Program.

3. Fee.  Partner agrees to pay the CONCIERGE MEDICINE TODAY, LLC., the full (100%) Fee for the Program as described in the IO (the “Fee”).  Any late payment shall earn interest at the maximum rate then legally permitted for commercial transactions from the due date until payment is received by the CONCIERGE MEDICINE TODAY, LLC.  Partner agrees to reimburse CONCIERGE MEDICINE TODAY, LLC., for any costs incurred in collection of amounts due CONCIERGE MEDICINE TODAY, LLC. 

3. PAYMENT. All rates provided by Concierge Medicine Today, LLC. and its Representative(s) are based on payment by check or electronic funds transfer via PayPal.com. Payment is due upon submission of this signed Agreement and selection of advertising desired. If a payment schedule is agreed upon, Concierge Medicine Today, LLC. and its Representative(s) may immediately cancel all orders for advertising if such payment schedule is not met. Advertiser shall indemnify Concierge Medicine Today, LLC. and its Representative(s) for all expenses incurred in connection with the collection of amounts payable, including court cost(s) and attorneys’ fees, if applicable.

4. Trademarks.  CONCIERGE MEDICINE TODAY, LLC., and Partner own valuable trademarks, service marks, and logos (collectively and respectively the “CONCIERGE MEDICINE TODAY, LLC., Marks” and “Partner Marks”).  Each party has an obligation to ensure consistent use of its marks in association with its services. Each party retains all right, title, and interest in and to its marks and their associated goodwill.

5. Licenses.  CONCIERGE MEDICINE TODAY, LLC., hereby grants Partner a non-exclusive, limited license to use the CONCIERGE MEDICINE TODAY, LLC., Marks solely in connection with promoting the Program, subject to the advance written approval of CONCIERGE MEDICINE TODAY, LLC.  Partner shall include the indicia ® or TM to the CONCIERGE MEDICINE TODAY, LLC., Marks as directed by the CONCIERGE MEDICINE TODAY, LLC.  Partner hereby grants CONCIERGE MEDICINE TODAY, LLC., a non-exclusive license to use the Partner’s Marks in connection with promoting the Program. CONCIERGE MEDICINE TODAY, LLC., acknowledges Partner’s exclusive right, title, and interest in and to Partner’s Marks, agrees to include the appropriate indicia as necessary and when appropriate.

6. License Term.  The license to use the marks shall terminate upon expiration or the earlier termination (for any reason) of this Agreement.

7. Copyright.  Partner agrees that all material included in the Program provided by Partner shall be original works of authorship or that all necessary approvals, rights, and clearances have been obtained.  CONCIERGE MEDICINE TODAY, LLC., reserves the right to remove any Partner’s material for which Partner fails to timely provide proof of authorization. CONCIERGE MEDICINE TODAY, LLC., reserves the right to cancel the Program in the event of actual or alleged copyright or other infringement.

Partner (eg respective Sponsors/Speakers) will be owner of all recorded content and grants CONCIERGE MEDICINE TODAY, LLC., a full, non-exclusive license to use such content to promote, sell and/or market their recording after the event(s). CONCIERGE MEDICINE TODAY, LLC., may redistribute and/or repurpose the recording(s)/photos/etc., and all content without prior approval or royalties paid to Partner.

8. Use of Email and Participant’s Contact Information.  Pursuant to this Agreement, Partner may obtain the email and other contact information of Program Participants at their booth or in conversation(s) as they arise. Partner has a limited right to use such information as follows. Partner shall at all times comply with all applicable local, state, federal, or international laws, regulations, rules, guidelines, and other requirements (as any of these may be amended from time to time) related to the use of Program Participants’ information. During the Term of this Agreement, in each communication with Participants, Partner must provide an option for Participants to fully opt-out of any future communication from Partner. Partner must ensure that any Participant that opts-out receives no further communication from Partner. Partner must implement, regularly update, maintain, and adhere to policies that ensure compliance with this provision. Under no circumstances may Partner sell or provide Participant’s email, contact, or other identifying information to any other party.

9. Confidentiality.  Each party acknowledges that due to this Agreement, it may acquire from the other party certain confidential information. “Confidential Information” means any material, data, or information disclosed by a party that is not generally known by or disclosed to the public or third persons and includes without limitation information relating to membership or subscribers and other confidential information relating to the operation of a party’s business.  Confidential Information shall not include information that the non-disclosing party can demonstrate it learned prior to the disclosure or that has become publicly known through authorized disclosures.  Each party agrees to exercise the same degree of care and protection with respect to the Confidential Information of the disclosing party that it exercises with respect to its own Confidential Information and not to directly or indirectly disclose, copy, distribute, republish or allow any third party to have access to any Confidential Information.  Each party may disclose Confidential Information to its employees and authorized agents who have a need to know, so long as they are advised of the restrictions in this Agreement.  The terms of this Section shall survive any expiration or termination of this Agreement.

10. Indemnification.  Each party shall indemnify, defend, and hold the other party, its affiliates, directors, officers, employees, representatives, agents and successors (collectively the “Indemnified Parties”) harmless from and against any and all claims of third parties, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE, and shall pay all damages, losses, expenses, claims, costs and reasonable attorneys’ fees incurred by the Indemnified Parties as a result of, or related to a) violations of this Agreement; b) the negligent or willful misconduct, misrepresentation, failure to follow applicable local, state, federal, or international laws, or copyright or trademark infringement in connection with the other party’s marks used under to this Agreement.

11. Termination.  CONCIERGE MEDICINE TODAY, LLC., may terminate this Agreement at any time and retain any amounts paid by Partner as damages if (a) Partner fails to make any required payment which is not cured within ten (10) days following Partner’s receipt of the Concierge Medicine Today, LLC.s, written notice;  (b) Partner uses any CONCIERGE MEDICINE TODAY, LLC., Marks, Participant information, or Confidential Information contrary to this Agreement, including any use which disparages or places in disrepute the CONCIERGE MEDICINE TODAY, LLC., or adversely affects or detracts from the Concierge Medicine Today, LLC.s,  goodwill;  (c)  Partner breaches any other representation, warranty, covenant, or other provision of the Agreement.

12. Limitation of Liability.  PARTNER’S SOLE AND EXCLUSIVE REMEDY FOR THE CONCIERGE MEDICINE TODAY, LLC.S,  BREACH OF THIS AGREEMENT SHALL BE THE CONCIERGE MEDICINE TODAY, LLC.S,  PROVIDING A SUBSTITUTE PARTNERSHIP OPPORTUNITY OR REFUND OF THE FEE PAID TO THE CONCIERGE MEDICINE TODAY, LLC., (AT THE CONCIERGE MEDICINE TODAY, LLC.S,  ELECTION) AND UNDER NO LEGAL THEORY SHALL CONCIERGE MEDICINE TODAY, LLC., BE LIABLE FOR OTHER DAMAGES, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE, INCLUDING LOST SALES OR PROFITS.

13. Miscellaneous. 

(a) Assignment.  This Agreement is not assignable without the prior written consent of the other party, except in the case of an acquisition where the acquirer assumes all obligations of the acquired organization.  Partner may not sublicense any of its rights or obligations.  This Agreement will inure to the benefit of the Parties, their successors and permitted assigns.

(b) Relationship of the Parties.  CONCIERGE MEDICINE TODAY, LLC., and Partner are and shall remain independent contractors. No party is the agent, representative, or joint venture partner of the other party and this Agreement does not constitute a franchise.  No party shall make any representations or warranties or incur any obligation or liability on behalf of the other party.

(c) Waiver.  No waiver or modification of any of the terms of this Agreement shall be valid unless in a writing signed by both parties.  Failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of such rights, and a waiver by either party of a default in one or more instances shall not be construed as a continuing waiver or as a waiver in other instances.

(d) Force Majeure.  Concierge Medicine Today, LLC.s,  obligation to provide the Program shall be excused during such time as and to the extent that performance is prevented by any occurrences or acts beyond the Concierge Medicine Today, LLC.s, control, including without limitation, riots, fire, war, epidemic, explosion, the elements, acts of God or public enemy, and any ruling, law, or regulation of any local, state, provincial, federal, or national governmental body having jurisdiction over the parties, other Partners, or the subject matter of this Agreement.  Under such circumstances, the Term of the Agreement shall be extended by that period of time during which performance was so prevented.

(e) Notice.  Any notice, election or other written communication required or desired to be given hereunder shall be deemed given or made at such time as it is delivered in writing to the CONCIERGE MEDICINE TODAY, LLC., contact person listed above (or designee), and if to Partner to the contact person listed above (or designee). Either Party may specify some other address for the receipt of such written communications by giving written notice of such change to the other Party.  Both Parties agree that email communication shall count as written communication. 

(f) Authority.  Each Party represents and warrants to the other that it is duly organized, validly existing, and in good standing under the laws of the state of its incorporation or organization and that it has full power and authority to carry on its business and to enter into, and to perform its obligations as set forth in this Agreement.

(g) Governing Law. This Agreement is governed by the law of the State of Georgia, and all rights, duties, and obligations of the parties under this Agreement shall be determined in accordance with the laws of Georgia, without reference to its choice of law provisions.  Any legal action will be brought to the Georgia state court in Atlanta, GA USA.  This Advertising Agreement shall only be interpreted and enforced in accordance with the laws of the State of Georgia and the proper venue to resolve any and all disputes arising from any of the terms, responsibilities, or liabilities under this Agreement shall be in Forsyth County, State of Georgia. This Agreement shall be binding upon the parties, its successors and/or assignees.

(h) CANCELLATION POLICY. Payment in full is due prior to distribution of Advertiser’s ad. Orders are due 30 days prior to publication unless written exception is provided. For annual or quarterly advertising, a payment schedule may be arranged. All past due accounts are subject to an additional 10% interest charge per month. Advertiser agrees if payment is not made Advertiser is liable for past-due accounts. In the event of non-payment, Concierge Medicine Today and/or one its Representatives is entitled to any court costs, collection agency fees, attorney’s fees or other costs, that may result from said nonpayment.

(i) NO GUARANTEES. Concierge Medicine Today, LLC., makes no guarantees, tracking or ROI promises or guarantees

(j) TAXES ON ADVERTISING. In the event that any international, federal, state or local taxes are imposed on the printing of advertising materials or on the sale of advertising space, such taxes shall be assumed and paid by the Advertiser. If company/client is tax-exempt, a tax exempt form and/or letter must be received by Concierge Medicine Today, LLC.

(k) OWNERSHIP of ADVERTISING COPY. All advertising copy that represents the creative efforts of Concierge Medicine Today, LLC. and its Representative(s) and/or the utilization of creativity, illustrations, labor, composition or material furnished by Concierge Medicine Today, LLC is and remains the property of Concierge Medicine Today, LLC. and/or its Representative(s) or Management Company, including all rights of copyright therein. Advertisers cannot authorize photographic or other reproductions, in whole or in part, of any such advertising copy for use in any other medium without the express written consent of Concierge Medicine Today, LLC. or one of its Representatives.

(l) LIABILITY FOR ERRORS. Concierge Medicine Today, LLC. and/or its Representatives assumes no liability for any advertisement whether or not it is supplied camera-ready by the Advertiser. Concierge Medicine Today, LLC. and/or its Representatives are not responsible for errors in spelling, key codes or download time. Concierge Medicine Today, LLC. and its Representatives shall not be liable for any loss that results from the incorrect publication, positioning, linking, hacking or spamming of its advertisements.

(m) POSITIONING OF ADVERTISEMENTS. Concierge Medicine Today, LLC. and/or its Representatives shall have full positioning latitude on all advertisements/sponsorship and content (eg files, concepts, etc) and may use it, promote it, post it, display it at its discretion.

(n) REJECTION and EDITING of ADVERTISEMENTS. Concierge Medicine Today, LLC. and its Representative(s) may, at its sole discretion, edit, classify, reject or cancel at anytime any advertising submitted by Advertiser. Absolutely no pornographic or objectionable materials will be considered.

Content placement terms and conditions for partners and sponsors.

Details

CONCIERGE MEDICINE TODAY, LLC., Content Placement Terms & Conditions are below. CONCIERGE MEDICINE TODAY, LLC., reserves the right to cancel the Content Placement with no refund, without cause and without notice if the Partner does not conform to these Terms & Conditions.

Cancellation Policy

Content Placement may be rescheduled if Partner notifies CONCIERGE MEDICINE TODAY, LLC., 2-12 weeks in advance of the scheduled Content Placement date. With less than 8 weeks notice Partner may cancel the Content Placement but will not receive a refund or the option to reschedule. Cancellations must be received in writing.

Content Library at CONCIERGE MEDICINE TODAY, LLC., and our DocPreneur Leadership Academy and DocPreneur Leadership Podcast

CONCIERGE MEDICINE TODAY, LLC., will post Partner’s Content on www.ConciergeMedicineToday.org, DocPreneur Leadership Academy (fordoctorsforum.org), https://members.fordoctorsforum.org/,  www.ConciergeMedicineToday.com, www.DirectPrimaryCare.com, www.DirectPrimaryCareJournal.com, www.DocPreneurPress.org, www.DocPreneurPress.org, www.ConciergeMedicineForum.com, www.AmericanJournalofRetailMedicine.com, www.ForDoctorsForum.com for an indefinite period or time.

Performance & Usage Statistics

CONCIERGE MEDICINE TODAY, LLC., makes no guarantee with regards to performance statistics. Any performance statistics shared with Sponsor by CONCIERGE MEDICINE TODAY, LLC., are based on averages and Sponsor’s presentation/ad may perform very differently based on a number of factors. Performance statistics are highly dependent on the content the Sponsor provides and therefore CONCIERGE MEDICINE TODAY, LLC.,  cannot be held responsible for ads/webinars/podcasts that do not perform well. CONCIERGE MEDICINE TODAY, LLC., will not be held liable for any claims as they relate to performance statistics. CONCIERGE MEDICINE TODAY, LLC., provides Sponsor with performance statistics only as a courtesy and reserves the right to not have to provide any performance statistics.

Program Support

CONCIERGE MEDICINE TODAY, LLC., will assign a Production Manager/Host to coordinate ad or sponsorship production. The Production Manager/Host will assist in every step of the process from planning to promotion and follow up, to ensure a successful event. 

Promotion

CONCIERGE MEDICINE TODAY, LLC., may engage in the following tactics to promote your sponsorship to our audience. CONCIERGE MEDICINE TODAY, LLC., encourages the Sponsor/Speaker to engage in similar tactics and will provide assistance and support, within reason, as requested. Not all tactics will be used for every sponsor or sponsorship.  ·Inclusion in CONCIERGE MEDICINE TODAY, LLC.,’s weekly eJournal Email; Placement in the weekly CONCIERGE MEDICINE TODAY, LLC., social media feeds; Social media promotion; Listing in CONCIERGE MEDICINE TODAY, LLC.,’s DocPreneur Leadership Academy library; Email to a targeted audience selected specifically for your sponsorship/content/topic.; Assistance in effective promotion of the Webinar/podcast to your own database; Archive version available on demand in CONCIERGE MEDICINE TODAY, LLC., DocPreneur Leadership Podcast and DocPreneur Leadership Academy Library of Webinars/Podcasts/Virtual Events/Master Classes for six months, or less, or more. ·

Ownership

Sponsor/Speaker will be owner of all Webinar/Podcast content and grants CONCIERGE MEDICINE TODAY, LLC., a full, non-exclusive license to use such content to promote, sell and/or market the Webinar/Podcast. CONCIERGE MEDICINE TODAY, LLC., may redistribute and/or repurpose the Webinar(s)/Podcast(s) content without prior approval from Sponsor/Speaker. Additionally as another added benefit, in order to maximize exposure, add a longer shelf-life to your presentation/session/talk and increase your visibility as an expert, brand and/or your practice and/or your company and services, Concierge Medicine Today, LLC., may bundle and/or sell these webinars/podcasts/speeches, stories, interviews, and/or presentations in different ways online and offline over the next year and well into the future without notification, consent and/or royalties as well.

Content Liability:

Sponsor and/or Speaker is solely responsible for any liability arising out of or relating to Sponsor and/or Speaker’s Content in the Webinar(s)/Podcast(s), and/or any material to which users can link through the Content.

Submission:

Content files must be submitted at least 10 business days prior to scheduled run date. CONCIERGE MEDICINE TODAY, LLC., will not guarantee that Content will begin on time if it is not received 10 days prior to scheduled run date. No credit will be issued due to late submission.  Unless otherwise specified in the Insertion Order (IO), all content is to be provided by Partner.  Any content production or editing may result in additional charges.

Technical and Content Requirements: Content must adhere to technical requirements listed below. Content submitted that does not meet CONCIERGE MEDICINE TODAY, LLC., technical requirements will be returned. No credit will be given for delayed start due to Content submitted that do not meeting technical requirements. ·No Animation. ·CONCIERGE MEDICINE TODAY, LLC., does not accept Content which promotes Webinars, virtual events, in person events, or programs that directly compete with CONCIERGE MEDICINE TODAY, LLC., programs. ·CONCIERGE MEDICINE TODAY, LLC., reserves the right to refuse or cancel any Content Placement at any time without cause. All submissions are subject to CONCIERGE MEDICINE TODAY, LLC., approval. ·Provide a url link to the article or content that is to be promoted.

Email placement terms and conditions for partners and sponsors. (Details)CONCIERGE MEDICINE TODAY, LLC., Email Placement Terms & Conditions are below.  CONCIERGE MEDICINE TODAY, LLC., reserves the right to cancel the Email Placement with no refund if the Partner does not conform to these Terms & Conditions.

Cancellation Policy: Email Placement may be rescheduled if Partner notifies CONCIERGE MEDICINE TODAY, LLC., 8 weeks in advance of the scheduled Email Placement date. With less than 8 weeks notice Partner may cancel the Email Placement but will not receive a refund or the option to reschedule.  Cancellations must be received in writing.

Submission: Email Placement files must be submitted at least 10 business days prior to scheduled run date. CONCIERGE MEDICINE TODAY, LLC., will not guarantee that the Email Placement will run on time if content is not received 10 days prior to scheduled run date. No credit will be issued due to late submission.

Technical and Content Requirements: Email Placement must adhere to technical requirements listed below. Email Placements submitted that do not meet CONCIERGE MEDICINE TODAY, LLC., technical requirements will be returned. No credit will be given for delayed start due to content submitted that does not meet technical requirements. ·Formats: JPEG ·Weight limits: JPEG 20K (CONCIERGE MEDICINE TODAY, LLC., will return run ads that exceed weight limit) ·No Animation (will not appear in Outlook) URL to link must be provided at time of submission. ·For Text ad: Logo that is 90 x90 and 400 characters of text (includes spaces and punctuation) with URL link ·CONCIERGE MEDICINE TODAY, LLC., does not accept ads for Webinars, virtual events, in person events, or programs that directly compete with CONCIERGE MEDICINE TODAY, LLC., programs unless approved in advance. ·CONCIERGE MEDICINE TODAY, LLC., reserves the right to refuse, remove, move or cancel any Email Placement at any time without cause. All submissions are subject to CONCIERGE MEDICINE TODAY, LLC., approval.

Usage Statistics: CONCIERGE MEDICINE TODAY, LLC., makes no guarantee with regards to usage statistics. Any usage statistics shared with Partner/Sponsor by CONCIERGE MEDICINE TODAY, LLC., are based on averages and Partner’s ad may perform very differently based on a number of factors. Click thru rates are highly dependent on the ad or content the Sponsor/Partner provides and therefore CONCIERGE MEDICINE TODAY, LLC., cannot be held responsible for ad placements that do not perform well. CONCIERGE MEDICINE TODAY, LLC., will not be held liable for any claims as they relate to usage statistics. CONCIERGE MEDICINE TODAY, LLC., provides Partner with usage statistics only as a courtesy.

Content Liability: Partner is solely responsible for any liability arising out of or relating to Partner’s content in the Email Placement, and/or any material to which users can link through the content. 

Special Terms & Conditions – Depending on the type of Program, this Agreement is also subject to the additional special terms & conditions for each program/product/service/event/etc., listed also at: www.ConciergeMedicineForum.com, and www.conciergemedicinetoday.org