Sponsorship Agreements · If you are looking into sponsorship for your society, please read through this document. Make sure to get a contract (template provided on request), and

Sponsorship Agreements

Best Practice Guide

Durham Students’ Union

1 Address: Dunelm House, New Elvet, Durham, DH1 3AN. Tel: +44 (0)191 3341777. E-mail: [email protected]

Web: www.durhamsu.com. Registered Charity Number: 1145400

CONTENTS:

Section One

Sponsorship terminology – an introduction

Types of sponsorship…

Sponsor categories…

Section Two

Sponsorship

What to include in a proposal…

Be sure to include the following information…

Further things to include...

Brief explanation/description of...

Benefits to the sponsor and the value of the fees you are requesting...

Additional thoughts...

Section Three

Sponsorship – things to consider

Display your logo...

Sharing of your content...

Good PR stories...

Section Four

Template sponsorship agreement

Section Five

Template marketing agreement

Section Six

Template contact letter



Section One: Sponsorship Terminology – an introduction Noun: sponsorship; plural noun: sponsorships 1. Types of Sponsorship

1.1. The position of being a sponsor. "The company's sponsorship of the tournament" 1.2. Synonyms: backing, support, patronage, funding, financing, promotion; aegis, auspices;

help, aid, assistance. "The team would like to thank the Institute for its sponsorship" 1.3. Financial support received from a sponsor. "We raised about £6,000 in sponsorship" 1.4. “A type of advertising where a company pays to be associated with a specific

event/cause/organisation.”

2. Sponsor Categories 2.1. Title sponsor is highest status of sponsorship. It characterises the most significant

contribution to a company in organising and hosting an event. Often the name of such sponsor is placed next to the name of competition, teams, individual athletes and is associated with it (for example, the logo of a title sponsor is placed on a uniform of football club teams). The status of a title sponsor also allows to have a decisive voice on the issue of presence among sponsors other companies operating in the same business, the priority right to use players and coaches for conducting joint promotions, right of presence at all official events dedicated to a sports event, mandatory mentioning in all activities conducted on behalf of the team, highlighting the name of title sponsor in film credits, television programs which were created with its financial support, placement of logos and banners. In case of title sponsor's presence the general sponsor position may remain free.

2.2. General sponsor is a sponsor that makes one of the largest contributions (in absence of

a title sponsor - usually more than 50% of all sponsorship funds raised) and that receives for it the right to use the image of competition as well as extensive media coverage. If necessary, the status of the general sponsor may be supplemented by the general sponsors for certain categories, as well as the main sponsor.

2.3. Official sponsor is a sponsor that makes a certain part of raised funds (within 20-25%). Typically, the given status may be granted by category ("official insurance partner", "official automotive partner", etc.).

2.4. Technical sponsor is a sponsor who promotes organisation of sporting events through the partial or full payment of goods and services (e.g., medical equipment, fitness, organisation of transportation and lodging).

2.5. Participating sponsor is a company, the sponsorship fee size of which usually does not exceed 10% of total raised funds.



2.6. Informational sponsor is an organization that provides informational support through media coverage, conducting PR-actions, joint actions, etc.



Section Two Sponsorship If you are looking into sponsorship for your society, please read through this document. Make sure to get a contract (template provided on request), and have someone check over this for you, always provide Durham Students’ Union with a copy of any contract and fill in the appropriate finance paperwork so that we can send an invoice to your sponsor. The Union is ready, willing and able to check and comment on any contract you are presented with and asked to sign, we encourage you to utilise this free advice. This page contains information on how to structure a sponsorship proposal, how to make contact with organisations and get the best results as well as things to look out for and potential pitfalls. Sponsorship is vatable (standard rated – currently 20%) so is therefore credited to your account as the net amount. Any expenditure funded directly from sponsorship is therefore a vatable activity and the total charged to your account will be the net amount excluding VAT. You will receive a contract from the sponsor which is an agreement stating what they will receive in return for giving you the money. The Union needs to check over any sponsorship contracts and sign them off. Please send them to [email protected] and make the total amount clear including VAT. Donations given freely are treated as outside the scope for VAT purposes and will be credited to your account gross. Any of this money that is spent is therefore exempt of VAT and so the full amount will be charged to the account. Affiliation is a written agreement between a Durham Students’ Union/Society and an external

organisation which requires neither party to award the other with benefits. This acknowledges the

partnership formally. Each party may award the other with benefits but neither party have formal

obligation to do so.

Multiple sponsors/affiliates: Durham Students’ Union/Societies may be affiliated or sponsored by

more than one group. This should be taken into consideration when forming an agreement.

Authorisation: The terms of the sponsorship or affiliation must be agreed by the company or

external organisation, the NSU/Societies Committee and a member of staff from NSU/Activities who

are in permanent employment of Northumbria Students’ Union.

The agreement will only be approved once NSU/Activities signs off the agreement. If NSU/Activities

disagree on the terms of the awards, they may be altered and the agreement re-submitted.

Any agreement will expire at the end of the end of the academic year in which it was agreed. This is

to ensure that each incoming NSU/Society committee makes a decision on the sponsorship each

academic year.

mailto:[email protected]



1. What to include in a proposal 1.1. Be clear about what you are asking for

1.2. Who you are: Your society name/Event Name (if for a specific event) / information

about your society

1.3. What do you want: Event Sponsorship/Society Sponsorship

1.4. How much: If you need a specific amount for a specific activity/purpose make this clear from the start.

1.4.1. Remember sponsorship is subject to VAT meaning that you may only receive 80% of any amount requested if you don't clearly specify that VAT is additional. Be sure to take this into account and specify inclusive or exclusive of VAT when approaching sponsors.

1.5. When/Duration of sponsorship: Event Date/duration of sponsorship (term, academic year, start and end date of sponsorship, e.g. 1 October 2017 – 30 June 2018)

1.6. Date: The date that you are writing the proposal

1.7. Lead contact: Event Manager’s Name/Lead contact within society responsible for sponsorship.

1.8. Other Details; Student Organisation website, contact details etc. to allow the sponsor to understand more about where their money is going.

2. If you are looking for a one off event sponsorship, be sure to include the following information

2.1. What are you trying to achieve by hosting this event? 2.2. Why are you a credible investment, have you had major success before, are you getting

sponsorship for a long standing event? 2.2.1. If this is the first year of the event where do you hope to see it go in the future?

2.2.2. If it’s already an annual event, how is it developing?

2.3. What is the event? (Gala, fundraiser, party etc.)



2.4. Key features (hallmark debate, nationally recognised guest speakers, conference for the entire north east of England, size and scale of event etc.)

2.5. Event Outline

2.5.1. Name of Event 2.5.2. Date of Event 2.5.3. Time of Event 2.5.4. Who will attend the event (media, high profile guests etc.)

2.5.4.1. Include approximate number of guests 3. Further things to include if you are aiming to secure sponsorship for your society for a

period of time (an academic year or longer)

3.1. What are your society aims; what are you trying to achieve, what is the purpose of your society?

3.2. How would sponsoring your society benefit the sponsor

3.3. What constitutes a successful year for your society? How does the money help this?

3.4. What are the goals of the current year (include previous goals if applicable) 3.4.1. Ensure, where possible – the objectives are measurable (to prove success and

show the impact the sponsors investment had)

3.5. How many members are there in your society?

4. Brief explanation/description of 4.1. What activities are planned for your society this year

4.2. Does your society attract a specific type of student that may be a “hard to reach” or

“target audience” for a sponsor

4.3. Try to gauge how successful your society will be in terms of engaging non-members throughout the year to help them realise the potential reach of their sponsorship. Is it just to the society membership or does it engage a large section of the student body based on your activity?

4.4. Also, importantly, be clear to sponsors if you currently have or are planning on having other companies involved with your society.



5. Identify and qualify the benefits to the sponsor and the value of the fees you are requesting

5.1. Identify how you believe the company would benefit by sponsoring your event/society

5.2. Do you share common aims?

5.3. How will you measure your success and the impact of their investment?

5.4. More events, more activities, more people engaged and attending things etc.

5.5. How will you recognise their impact on your activities?

6. Additional thoughts

6.1. Think about what is the best way of attracting a sponsor?

6.2. Use power point rather than word format to ensure you are concise in any presentation

6.3. Include photos wherever you can; photos of your society doing their activities can build an emotive relationship that they can relate to.

6.4. Follow the Students’ Union marketing & style guidelines

6.5. Research companies philanthropic history; tap into their website, newspapers, magazines and any other industry-specific resources

6.6. Have a good general idea of who you are ‘getting into bed with’ before you align yourself to them

6.7. Focus most of your proposal on the benefits to the potential sponsors



Section Three

Sponsorship – things to consider

Please find below a suggested list of potential offerings the group/association could offer an

organisation when entering into a sponsorship/ in association with agreement.

1. Display of your Logo:

1.1. Your logo and website link will be included in all email communications sent to

members, and inclusion in the email signature of all the exec and sub-committees.

1.2. Your logo displayed on the home page of our website ensuring the logo links through to

your website.

1.3. Your logo included on all promotional collateral e.g. posters/fliers/tickets etc.

1.4. Group/association agrees to display a sign with the sponsor’s logo in their office/space

in the Student Union.

1.5. Group association agrees to include your logo adverts and/or editorial to be included in

any other society publications/newsletters/handbooks etc. – it is the responsibility of

the Recipient to contact the Sponsor to request this and within a reasonable timeframe.

1.6. Group/association will display the Sponsor’s banner at all events throughout the year.

1.7. Your logo will be the main sponsor of group/association events.

1.8. Inclusion of your logo on social networking sites.

1.9. Inclusion of your logo on events on any social networking sites.

1.10. Group/association agrees to display your logo promotional materials such as flyers and

merchandise at the Fresher’s Fair and other events.

2. Sharing of your content:

2.1. You have the opportunity to send emails to DUCK which will be forwarded onto all

members at the request of the sponsor (maximum of two per term).

2.2. Group/association agrees to distribute your promotional marketing materials (e.g.

and/or including posters and flyers) at your request.



2.3. Group/association will ‘share content’ via social media at least twice per term.

3. Good PR Stories:

3.1. Group/association will provide collateral for you to share on your own website and

social media channels including:

3.1.1. Two news stories (up to 250 words) per academic year.

3.1.2. Photographs of all your logo displayed at sponsored events.

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Section Four

Sponsorship/ In Association Agreement This Sponsorship Agreement (this “Agreement”) dated , 20 (the “Effective Date”) is made between: Durham Students’ Union’- charity number (1145400), whose registered address is at Dunelm House, New Elvet, Durham, DH1 3AN; and [Insert company name and registered address] (“Company”), each, a “Party” and together the “Parties”. WHEREAS: (A) Durham Students’ Union seeks to establish a mutually beneficial relationship with local,

regional, national, and international company partners to support the [insert name of Group/Association] (the “Sponsorship”);

(B) the Company has expressed its intent to enter into such a Sponsorship with Durham Students’

Union for the benefit of the [insert name of the Group/Association] hereinafter the “Club/JCR”; and

(C) the Parties wish to set out the terms and conditions upon which the Company will undertake

the Sponsorship.

NOW THEREFORE the Parties hereby agree as follows: 1. The Sponsorship

1.1. Durham Students’ Union appoints the Company as an Official Sponsor of the

Group/Association.

1.2. Company’s status as an Official Sponsor shall confer those benefits on the Company as are specified on Schedule 2 attached hereto (the “Benefits”) during the Term.

1.3. [The Company shall be the sole Official Sponsor of the Group/Association specified on Schedule 1. For clarity, except as expressly specified herein, this Agreement will not preclude Durham Students’ Union from entering into agreements with third parties with respect to the sponsorship of the Group/Association.]

OR

1.4. [The Company acknowledges that it will not be the only Official Sponsor of the Group/.

OR

1.5. The Company shall be the main Sponsor of the Group/Association. This Agreement however will not preclude the Group/Association from entering into further agreements with other organisations for sponsorship of the Group/Association specified on Schedule 1 or for any other event or purpose.

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1.6. Furthermore, the rights granted to the Company in this Sponsorship Agreement shall

not preclude the appearance of Durham Students’ Union logos on any of the Group/Association kit, letterhead, website or other item or facility used by the Group/Association specified on Schedule 1.

2. Payment 2.1. The Company will pay to Durham Students’ Union those amounts as specified on

Schedule 3 attached hereto (the “Sponsorship Fees”).

2.2. Durham Students’ Union will issue an invoice for the Sponsorship Fees to the Company on or before the relevant date set out in Schedule 3.

2.3. The Company will pay the Sponsorship Fees to Durham Students’ Union within thirty (30) days of the date of receipt of an invoice issued in accordance with Clause 2.3.

2.4. VAT must be paid by the Sponsor on the Sponsorship Fees where applicable. All Sponsorship Fees stated in or in relation to this Agreement are stated exclusive of VAT.

3. Duration

3.1. This Agreement shall commence on the Effective Date and shall remain in full force and effect for a period of [x years] thereafter unless earlier terminated in accordance with the terms of this Agreement (the “Term”).

4. Trade Marks

4.1. The Company hereby grants to Durham Students’ Union non-exclusive, non-transferable, royalty-free and fully paid-up right and licence, without the right to sub-licence, to use the trademarks specified on Schedule 4 attached hereto (the “Trade Marks”) during the Term on the terms and conditions specified in this Agreement.

4.2. Durham Students’ Union shall not in any way modify the Trade Marks without the prior written consent of the Company.

4.3. Durham Students’ Union shall not sub-licence, sell, or lend the Trade Marks to any third party.

4.4. Durham Students’ Union shall send to the Company for review an advance copy of the content on which the Trade Marks are to be used. The Company shall then have thirty (30) days to review the content. If after the thirty (30) days the Company does not respond to Durham Students’ Union on the content, consent to the content shall be deemed to be given by the Company. If the Company objects to the use of the Trade Marks, Durham Students’ Union shall modify the content according to the Company’s reasonable requirements.

4.5. The Company acknowledges that the Trade Marks licence granted here does not preclude the incorporation of any Durham Students’ Union trade mark or logo, the individual Group/Association logo, or trademarks related to the kit make on materials and kits related to the Group/Association specified on Schedule 1.

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5. Warranties

5.1. The Company warrants to Durham Students’ Union: 5.1.1. that it has the legal right and authority to enter into and perform its obligations

under this Agreement;

5.1.2. that the use of the Trade Marks by Durham Students’ Union in accordance with the terms of this Agreement will not infringe any third party's Intellectual Property Rights; and

5.1.3. that it will not do anything during the Term that would or would be likely to materially damage the goodwill and/or reputation of Durham Students’ Union

5.2. Durham Students’ Union warrants to the Company: 5.2.1. that it has the legal right and authority to enter into and perform its obligations

under this Agreement; and 5.2.2. that it will perform its obligations under this Agreement with reasonable care and

skill.

5.3. The Company will indemnify Durham Students’ Union and will keep Durham Students’ Union indemnified against all damages, losses and expenses arising as a result of any breach by the Company of Clause 5.1(b) of this Agreement.

6. Liability 6.1. The liability of either Party for any breach of this Agreement, or arising in any other way

out of the subject-matter of this Agreement, will not extend to loss of business or profit, or to any indirect or consequential damages or losses.

6.2. In any event, the maximum aggregate liability of Durham Students’ Union to the

Company under or otherwise in connection with this Agreement or its subject matter shall not exceed a sum equal to the Sponsorship Fees.

7. Termination 7.1. Either Party may terminate this Agreement immediately by written notice to the other

Party if the other commits a material breach of this Agreement. The notice shall include a detail statement describing the nature of the breach. If the breach is capable of being remedied and is remedied within the thirty (30) day notice period, then the termination shall not take effect. If the breach is of a nature such that it can be fully remedied but not within the thirty (30) day notice period, then termination shall also not be effected if the Party involved begins to remedy the breach within that period and then continues diligently to remedy the breach until it is remedied fully. If the breach is incapable of remedy, then the termination shall take effect at the end of the thirty (30) day notice period in any event.

7.2. Either Party may terminate this Agreement immediately by giving written notice to the other Party if:

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7.2.1. the other Party:

7.2.1.1. is dissolved; 7.2.1.2. ceases to conduct all (or substantially all) of its business; 7.2.1.3. is or becomes unable to pay its debts as they fall due; 7.2.1.4. is or becomes insolvent or is declared insolvent; or 7.2.1.5. convenes a meeting or makes or proposes to make any arrangement or

composition with its creditors;

7.2.2. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other Party; or

7.2.3. an order is made for the winding up of the other Party, or the other Party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other Party under this Agreement);

7.3. Durham Students’ Union may terminate this Agreement immediately by written notice to the Company in the event that Durham Students’ Union determines, in its sole discretion, that the Sponsorship is likely to materially damage the goodwill and/or reputation of Durham Students’ Union.

7.4. Termination of this Agreement shall be without prejudice to any rights of each Party

against the other which may have accrued up to the date of such termination.

8. General 8.1. This Agreement shall not be capable of being varied, modified or altered, except by

prior written agreement of the Parties.

8.2. Neither Party may assign any of its rights and obligations under this Agreement without the prior written consent of the other.

8.3. If the performance by either Party of any of its obligations under this Agreement (other than an obligation to make payment) shall be prevented by circumstances beyond its reasonable control, then such Party shall be excused from performance of that obligation for the duration of the relevant event.

8.4. Except as specifically set out in this Agreement, neither Party shall use the name of the other in any press release or product advertising, or for any other commercial purpose, without the prior written consent of the other.

8.5. This Agreement shall not constitute, create, give effect to or otherwise be a joint venture, partnership or formal business organisation of any kind and no Party shall have the authority to bind the other Parties without the prior written approval of any Party in each and every case other than as specifically provided for in this Agreement.

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8.6. If the whole or any part of any provision of this Agreement is void or unenforceable in

any jurisdiction, the other provisions of this Agreement, and the rest of the void or unenforceable provision, will continue in force in that jurisdiction, and the validity and enforceability of that provision in any other jurisdiction will not be affected.

8.7. Nothing in this contract confers or purports to confer on any third party any right to enforce any term of this contract.

8.8. References to this Agreement shall include any Schedules attached hereto, which are hereby incorporated by reference.

8.9. This Agreement shall be governed by English Law. The English Courts shall have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with this Agreement.

8.10. This Agreement represents the entire agreement between the Parties in relation to the subject matter of this Agreement and supersedes any previous agreement, whether written or oral, between the Parties in relation to that subject matter.

IN WITNESS WHEREOF this Sponsorship Agreement is executed on behalf of the Parties by their authorised representatives:

For and on behalf of Durham Students’ Union by:

For and on behalf of [Company]

Signature: Signature:

Name: Name:

Date: Date:

For and on behalf of Durham Students’ Union Society by: Signature:

Name:

Date:

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Project Plan Timeline

Task Click here to enter text. Date start

Date complete

Stage 1 1 Click here to enter text.

2 Click here to enter text.







Stage 2 9 Click here to enter text.






Schedule 1

Sponsorship Fees (Use this section to break down costs/allocations.)

Click here to enter text.

Section 5

Marketing Agreement

(1) (Insert company name here)

(2) Durham Students’ Union

Dated

THIS AGREEMENT is made the day of , (year ).

BETWEEN

(1) (List full company details, addresses, company registration/charity number here.)

(2) Durham Students’ Union (insert student group name) (company number 07689815) whose

place of business is at Dunelm House, New Elvet, Durham, DH1 3AN ("Union")

INTRODUCTION

(A) (List the company name and a description of business)

(B) The Union is an organisation representing student views and providing social and

organisational activities to the student body.

(C) The Union and (insert company name) have agreed that (insert company name) may offer

the Services (as defined below) to Customers (as defined below), as appropriate, upon the

terms and subject to the conditions set out in this Agreement.

AGREED TERMS

1. Definitions and Interpretation

1.1. In this Agreement the following expressions shall have the following meanings unless

the context otherwise requires:

"Business" means (insert company name) business of providing the Services

to Customers;

"Commencement Date" means 1 October 2017;

"Customers" means any and all students, staff and other persons who have

access to the Site;

"Data Protection

Legislation"

means any applicable data protection and privacy legislation;

"Group" means in relation to a company, that company, its subsidiaries,

any holding company of that company and any subsidiary of any

such holding company and "Group Company" shall be construed

accordingly;

"Holding Company" means any holding company (wherever incorporated) within the

meaning of sections 736 and 736A, Companies Act 1985 and any

parent undertaking (where incorporated) within the meaning of

sections 258 and 259, Companies Act 1985, from time to time;

"Marketing Fee" means the fee payable to the Union in consideration of the

Union's fulfilment of the Marketing Plan and its obligations

under this Agreement, as set out in Schedule 2;

“Marketing Plan“ means the marketing plan at Schedule 1 and any other

marketing plans agreed between the parties from time to time

and "Marketing Plans" shall be construed accordingly;

"Site" means any and all buildings, offices and such like owned or

leased by the Union, or occupied by the Union, and any and all

websites featuring the Union and any other places where the

Union has a presence; and

"Services" means all marketing administrative and other activities carried

out by (insert business name here) and its Group Companies,

Subsidiaries and/or any third parties nominated by it in relation

to the promotion and selling of its business to Customers.

2. Interpretation

2.1. In this Agreement (including any introduction) reference to:

2.1.1. any statute or statutory provision includes a reference:

2.1.1.1. to that statute or statutory provision as from time to time consolidated,

modified, re-enacted (with or without modification) or replaced by any

statute or statutory provision;

2.1.1.2. to a repealed statute or statutory provision which it re-enacts (with or

without modification); and

2.1.1.3. any subordinate legislation made under the relevant statute;

2.1.2. an Agreement or document is a reference to it as it may have been or may from

time to time be amended, novated, supplemented or replaced by a document

having a similar effect;

2.1.3. the singular includes the plural and vice versa;

2.1.4. a clause is a reference to a clause of this Agreement;

2.1.5. any gender includes other genders;

2.1.6. a person includes all forms of legal entity including an individual, company,

body corporate (wherever incorporated or established or carrying on business),

unincorporated association, governmental entity and a partnership and, in

relation to a party who is an individual, his legal personal representative(s);

2.1.7. liabilities, powers, obligations, property, rights, assets or other tangible or

intangible things includes the whole or any part of them, present and future,

actual and contingent and in any part of the world;

2.1.8. a party or the parties means a party or the parties to this Agreement;

2.1.9. the headings to clauses are to be ignored in construing this Agreement; and

2.1.10. the Schedules attached to this Agreement shall all be deemed to form part of

this Agreement.

3. Entire Agreement

3.1. This Agreement, including all Schedules, constitutes the entire agreement between the

parties and supersedes all previous oral or written communications, proposals and

agreements in respect thereof.

4. Commencement

4.1. Subject to Clauses 8 and 14, this Agreement shall commence on the date hereof and

shall be for a period of (insert contract/sponsorship length/period) from the

Commencement Date.

5. Endorsement

5.1. The Union and (subject to the following provisions) (insert company name here) will use

their respective best endeavours to promote and market the Services to Customers.

6. Obligations of the Union

6.1. The Union/Student Group agrees: (this section outline what has been agreed and any

exclusivity)

6.1.1. not to grant to any other business website banner promotion, provided that the

Union may from time to time negotiate or engage in business with other persons

which provide any service other than the facilities;

6.1.2. to use its best endeavours to promote (insert business name) in accordance with

its obligations contained in the Marketing Plans which shall be agreed between

the parties from time to time;

6.1.3. at all times to take such steps as may be reasonably necessary to preserve the

reputation and standing associated with (insert business name); and

6.1.4. Not to make any representation or give any warranty on behalf of (insert business

name).

7. Obligations of (insert business name) (this section outlines what the contracted/sponsoring

company will offer)

7.1. (insert business name) agrees at all times during the continuance of this Agreement as

follows:

7.1.1. to provide to the Union copies of all promotional materials, internet inventory,

printed material and other literature to be used in connection with the Business;

7.1.2. to provide to the Union a Marketing Plan for the Business each year of this

Agreement;

7.1.3. at all times to take all such steps as may be reasonably necessary to preserve the

reputation and standing associated with the Union by operating the Business

strictly in accordance with reasonable professional standards;

7.1.4. to ensure full compliance with all industry regulations or rules applying to (insert

business name here) and the Business; and

7.1.5. not to make any representation or give any warranty on behalf of the Union.

8. Marketing Fees and payment

8.1. In consideration of the appointment and grant of the rights set out in this Agreement

(and any other rights granted under this Agreement) by the Union, (insert business

name here) shall pay to the Union (or such other person as the Union may direct) the

Marketing Fee.

8.2. The payment by (insert business name here) to the Union of the whole or any part of

any amount due to it shall be deemed to be a receipt provided by the Union and shall

constitute a full and final discharge to (insert business name here) for such payments.

9. Termination

9.1. This Agreement may be terminated:

9.1.1. By either party giving to the other not less than six months' prior written notice.

9.1.2. with immediate effect by notice in writing if either party shall fail to observe or

perform any of the material obligations or conditions on its respective part to be

observed and performed and fails to remedy any such breach within thirty (30)

days of receiving notice in writing from the other party;

9.1.3. immediately by either party on giving notice in writing to the other if either party

shall pass a resolution for winding up (otherwise than for the purpose of a solvent

amalgamation or reconstruction where the resulting entity assumes all of the

obligations of the relevant party under this Agreement), or a court shall make an

order to that effect, or if either party shall cease to carry on its business or

substantially the whole of its business or becomes or is declared insolvent or

convenes a meeting of or makes or proposes to make any arrangement or

composition with its creditors, or has a liquidator, receiver, administrator,

trustee, manager or similar officer appointed of any of its assets, or if any

analogous step is taken in connection with its insolvency, bankruptcy or

dissolution;

9.1.4. by either party giving not less than 30 days' notice in writing to the other party if

there is at any time any material change in the ownership or control of the other

party (other than by way of group re-organisation);

9.1.5. forthwith by the Union if (insert business name here) ceases or threatens to

cease to carry on the Business.

9.2. Any termination of this Agreement pursuant to Sub-Clause 8.1 shall be without

prejudice to any other rights or remedies to which any party may be entitled under this

Agreement or at law, and shall not affect any accrued rights or liabilities of any party or

the coming into or continuance in force of any provision of this Agreement which is

expressly or by implication intended to come into or continue in force on or after such

termination.

10. Consequences of termination

10.1. Upon the lawful and proper termination of this Agreement for any reason, (insert

business name here) shall cease to promote its Business at the Site.

10.2. Upon termination of this Agreement the Union shall promptly return to (insert business

name here) (without retaining any copies) all materials and documents relating to the

Business in its possession or dispose of the same in a method agreed between the

parties.

10.3. (insert business name here) will be responsible for payment of the Marketing Fee

through the date of termination pursuant to clause 8.1.

11. Confidentiality

11.1. Except as provided for in Clause 10.2 below, neither party shall during the term of this

Agreement or thereafter disclose to any third party any information or material relating

to business or affairs of the other party which has been disclosed between the parties

under or in connection with this Agreement which the recipient has been told is

confidential or which a reasonably prudent business person would regard as being

confidential to the other party ("Confidential Information").

11.2. Each party shall be entitled, but only to the extent reasonably necessary, to disclose the

whole or part of any confidential information:

11.2.1. to its officers, employees, servants, agents, professional advisers, insurers or

reinsurers to the extent necessary to perform or enforce any of its rights or

obligations under the Agreement subject in each case to the party making the

disclosure ensuring that the persons in question keep the same confidential and

do not use the same except for the purposes for which the disclosure is made;

11.2.2. to such persons as the other party consents to, in writing, subject to the party

making the disclosure ensuring that the person in question keeps the

confidentiality and does not use the same except for the purposes for which the

disclosure is made;

11.2.3. to the extent that it is required to do so by law or by any public, quasi-

governmental, supervisory or regulatory authority or any court or tribunal;

11.2.4. to the extent that the Confidential Information or part thereof was already

lawfully in its possession at the time of the disclosure;

11.2.5. to the extent that the Confidential Information has, except as a result of a

breach of confidentiality, entered the public domain at the time of such

disclosure; or

11.2.6. to the extent that it has acquired the Confidential Information from a third

party who is not in breach of any obligations as to the confidentiality of either

party.

12. Data Protection

12.1. The parties shall comply with all Data Protection Legislation in relation to data

controlled or processed by it.

13. Liability

13.1. Neither party shall be liable in any circumstances for any indirect or consequential loss

(which expression shall be taken to include but not limited to loss of goodwill, loss of

anticipated profits or savings and all other economic loss) of the other.

13.2. Nothing in this Agreement shall exclude or restrict a party’s liability for death or

personal injury caused by its negligence.

14. Intellectual Property and Trade Marks

14.1. All intellectual property and trademark rights in documentation or materials produced

or supplied by either party shall remain the property of either party as appropriate.

14.2. Each party agrees to only use the Intellectual Property and Trade Marks of the other

party for the purposes of this Agreement and only as authorised by this Agreement and

will do nothing inconsistent with the others ownership rights and agrees not to use or

permit to be used by any other persons under their control such marks or any business

names, styles or logo of the other party without the prior written consent of the other

party.

14.3. Each party shall notify the other (“the Affected Party”) of any actual, threatened or

suspected infringement of the Affected Party’s intellectual property or trademarks of

which they became aware and shall, at the request and expense of the Affected Party,

take all such steps during the terms of this Agreement as the Affected Party may

reasonably require to assist the Affected Party in maintaining the intellectual property

and trademarks as valid and effective or to take or defend any court or other dispute

proceedings concerning intellectual property and trademark matters.

14.4. The parties may not use advertising or promotional materials containing trade names or

trademarks belonging to the other party unless they have received the prior approval of

the other party in writing.

14.5. For the avoidance of doubt, (insert business name here) may use the Union’s name in

connection with carrying out the Services.

15. Force Majeure

15.1. Notwithstanding anything contained in this Agreement, in the event that either party

cannot perform or fulfil its obligations for any reason beyond that party's reasonable

control, including but not limited to war, invasion, act of foreign enemy, hostilities

whether war be declared or not, civil war or strife, rebellion, strikes, lockout or other

industrial disputes or actions, acts of God, acts of Government or prevailing authorities

("Force Majeure") then such non-performance shall be deemed not to constitute a

breach of this Agreement provided that :

15.1.1. the relevant party has used reasonable endeavours to avoid and mitigate the

effects of the Force Majeure and to carry out its obligations under this

Agreement in any other way that is reasonably practical; and

15.1.2. the party suffering the Force Majeure event has promptly given written notice

to the other party containing full particulars of the nature and the extent of the

circumstances giving rise to the Force Majeure.

15.2. Upon notice by the party suffering a Force Majeure event of the circumstances giving

rise to Force Majeure to the other party, the party shall enter intro bona fide

discussions with a view to alleviating its effects or agreeing upon such alternative

arrangements as may be fair and reasonable. If the Force Majeure prevails for a

continuous period in excess of six (6) weeks after the date on which the Force Majeure

begins, the party not suffering the Force Majeure event is entitled to terminate this

Agreement by giving at least ten (10) days written notice to the other.

16. Waiver

16.1. The failure to exercise or delay in exercising a right or remedy provided by this

Agreement or by law does not constitute a waiver of the right or remedy or a waiver or

other rights or remedies.

16.2. The rights and remedies provided by this Agreement are cumulative and (subject as

otherwise provided in this Agreement) are not exclusive of any rights and remedies

provided by law.

17. No Assignment

17.1. Subject to Clause 16.2 below, and save as specially and expressly provided in this

Agreement neither party shall assign, sub-licence, sub-contract, delegate, share or part

with any of its rights or obligations under this Agreement to any third party without the

prior written consent of the other.

17.2. (Insert business name here) may assign all or any of its rights under this Agreement or

transfer all or any of its rights and obligations under this Agreement to any Group

Company.

18. Severability

18.1. Each provision of this Agreement is severable and distinct from every other provision. If any

provision of this Agreement shall be found by any Court or administrative body of competent

jurisdiction to be illegal, invalid or unenforceable such illegality, invalidity or unenforceability

shall not affect the other provisions of this Agreement or remainder of the affected provision,

which shall remain in full force and effect.

19. Third Party Rights

19.1. A person who is not a party to this Agreement has no right under the Contracts (Rights

of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect

any right or remedy of a third party which exists or is available apart from that Act.

20. Notices

20.1. Notices hereunder shall be in writing and shall be delivered by hand or sent by recorded

delivery, first class post or faxed to the address of the party to be served appearing

herein or to such other address as such party may from time to time notify to the other

party for such purpose. A notice delivered by hand shall be duly served and effective

when actually delivered, a notice sent by mail shall be duly served and effective 48

hours after the same was posted in a duly stamped and addressed envelope and a

notice sent by fax shall be duly served and effective when the addressee's fax machine

has printed out the notice.

21. Alterations and Amendments

21.1. Any alterations, modifications, amendments or additions to the Agreement shall be in

writing executed by both parties with the same formalities as this Agreement.

22. No Partnership

22.1. Nothing in this Agreement shall create an agency, partnership or joint venture between

the parties and save as expressly provided in this Agreement neither party shall enter

into or have authority to enter into any engagement or make any representation or

warranty on behalf of or pledge the credit of or otherwise bind or oblige the other

party.

23. Further Assurance

23.1. After completion, each party shall execute such documents and take such steps as the

other party may reasonably require to fulfil the provisions of and to give to each party

the full benefit of this Agreement.

24. Counterparts

24.1. This Agreement may be executed in any number of counterparts and by the parties on

separate counterparts, but shall not be effective until each party has executed at least

one counterpart.

24.2. Each counterpart, when executed, shall be an original of this Agreement and all

counterparts shall together constitute one instrument.

25. Warranty of Authority

25.1. Each party irrevocably represents, warrants, agrees and undertakes with the other that:

25.1.1. it has the power to enter into this Agreement;

25.1.2. this Agreement constitutes legal, valid and binding obligations enforceable

against it in accordance with the terms;

25.1.3. neither the execution nor the performance of this Agreement contravenes;

25.1.3.1. any provision of any statute or statutory instrument;

25.1.3.2. any judgement, injunction or award of any court or authority;

25.1.3.3. any provision of any existing agreement between it and any third

party;

25.2. The execution and performance of this Agreement has been duly authorised by all

appropriate corporate actions and, in particular, the person who signs this Agreement

has been duly authorised to do so.

26. Bribery Act 2010

26.1. Each Party warrants and undertakes that they:

26.1.1. will comply with all applicable laws, regulations, codes and sanctions relating to

anti-bribery and anti-corruption including but not limited to the Bribery Act

2010 (”Anti-Bribery Law”) and not engage in any activity, practice or conduct

which would constitute an offence under sections 1, 2 or 6 of the Bribery Act

2010 if such activity, practice or conduct had been carried out in the UK;

26.1.2. will procure that any person who performs or has performed services for or on

its behalf (”Associated Person”) in connection with this Agreement complies

with this Clause 25.

26.1.3. will not enter into any agreement with any Associated Person in connection

with this Agreement, unless such agreement contains undertakings on the same

terms as contained in this Clause 25;

26.1.4. shall notify the other party as soon as practicable of any breach of any of the

undertakings contained within this clause of which it becomes aware;

26.1.5. from time to time, at the reasonable request of the other party will confirm in

writing that they have complied with the undertakings under Clauses 25.1(a) to

25.1(e) and will provide any information reasonably requested by the other

party in support of such compliance;

26.2. Breach of any of the undertakings in this clause shall be deemed to be a material breach

of the Agreement for the purpose of Clause 7.

27. Governing Law

27.1. This Agreement shall be considered as a contract made in England and shall be

governed by and subject to the laws of England and Wales. The parties hereby submit

irrevocably to the exclusive jurisdiction of the English Courts.

In WITNESS WHEREOF this AGREEMENT has been made on the date set out on Page 2 and signed in

duplicate

Signed by: Click here to enter text.

Print name: Click here to enter text.

Date of signature: Click here to enter text.

for and on behalf of (insert business name here)

Signed by: Click here to enter text.

Print name: Click here to enter text.

Date of signature: Click here to enter text.

for and on behalf of Durham Students’ Union

Schedule 1: Marketing Plan

The Union agrees that it shall carry out all of the following responsibilities and obligations:

(In this section list the points/services agreed on behalf of the student group.)

*For example ‘we agree to post X amount of social media posts referring to the company’

*For example ‘we agree to email all society members promotional materials from the company once

a month...)’

(list the items as a marketing timeline, be specific and include dates.)

Click here to enter text.

Schedule 2: Marketing Fee

Type(s) of promotion

Fee

£

Marketing Plan (years)

Total (including VAT)

Payment shall be made to the Union via BAC on a monthly basis and within 28 days of receipt of the

invoice.

Section Six (Society name) Durham Students’ Union Dunelm House New Elvet Durham University DH1 3AN

Sponsorship Opportunity between (Company name(s) – Society name)

To whom it may concern (name if known) My name is (your name) and I am the (your role) of Durham Students’ Union (society name). We believe that external parties such as yourself could help us provide the best experience possible for our members through (insert either sponsorship/affiliation). We would hope to work with you for the academic year of (insert year). (Insert society name) had (insert number of members) between (20XX – 20XX), our aims are (insert aims). We would really appreciate it if you could help by offering (insert what you like to receive, money etc.) and in return we would (outline your offer). These terms would be open to discussion. If you are interested in associating yourself with our society during this academic year, or would like to find out more information, please get in touch with us to discuss things further, or perhaps arrange a meeting. Yours Sincerely (Your name) (Your role) On behalf of (society name)

Documents

Sponsorship Agreements · If you are looking into sponsorship for your society, please read through this document. Make sure to get a contract (template provided on request), and