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Speaker Agreement

This speaker agreement is entered into between H & E Marketing Solutions “Us”and Speaker “You”, or individually “Party”.

We are honored to have you speak at the Online Fundraising Virtual Summit, held online on October 24 – 28.

 Information

The information you submit to us, including your name, bio, photos, and website address will be used for marketing activities including, but not limited to publications, promotions or showcase of program on our website or social media, and similar purposes. We will make edits for clarity and length, as needed and in our sole discretion. You may request the right to review your final bio before it is posted. If you request the right to review it, you shall send us approvals or disapprovals to confirm factual accuracy within 2 days. If you do not send approvals or disapprovals within this timeframe, we will consider your non response as consent to proceed with the bio as-is. The right to approve the final bio does not extend to approvals over style, voice or format as we need to ensure consistency with our branding. You may also request copies of all materials for your own use.

The requested information is due ASAP.

Presentation

Your presentation is a video recording between 15 and 20 minutes long. It should provide valuable information related to the topic we have identified. By submission of your presentation, you represent that it is your original content and that it does not infringe on the intellectual property rights of third parties. You also represent that you have purchased the proper licenses for any materials contained within your presentation (ie. stock photos, music).

 

A suggested presentation outline is provided on the Speaker Information page on our website.

Notwithstanding the usage rights granted herein, you retain ownership and full interest and title in your presentation and related materials. While you retain the right to use your presentation and related materials however you’d like, we reserve the right to make edits  and to distribute the presentation and any related materials that you provide to us in free or paid products in the future (“Usage Rights”). You will always be credited for your presentation and a link to your website will be provided.

You are permitted to make a free offer during the last 3 minutes of the video recording.

Your presentation is due by October 3.

Additional Presentation Materials

Along with your presentation video, you will also provide a worksheet and a PDF version of your slides to be provided to summit attendees. You will receive the email address of any attendee who downloads your worksheet.

Your presentation materials are due by October 3.

Availability and Technology

You will be available for 30 minutes during the time you have selected for your presentation to participate in the chat box and answer questions related to your presentation topic. Please log on at least 5 minutes before your start time so that we have the opportunity to resolve any tech issues.

Third Party Logos

We ask that you do not wear or display any third party logos or trademarks during your presentation as we will not have the license to display those logos or trademarks in the summit. Wearing or displaying your own company logos is permissible (i.e. wearing a branded shirt, displaying a branded mug on your desk).

Promotion

You agree to promote the Online Fundraising Virtual Summit by emailing the minimum of 1 email(s) to your entire subscriber list during the promotion period of October 17 – 28. You also agree to promote the Online Fundraising Virtual Summit at least 1 time(s) on your most used social media platform. You are encouraged to continue promotion throughout the event.

If you are unable to meet these commitments, contact Sami Bedell-Mulhern via email at sami@thefirstclick.net to make an alternate arrangement.

Speaker Discount

As a speaker, you are entitled to the $197 All-Access Pass for free. Once we receive your presentation it will be provided to you via email.

Affiliate Commissions

As a speaker, you will receive 40% affiliate commissions for any purchases you refer. Affiliate payouts will be made by November 10.. If you participate as an affiliate, payments will be issued on a monthly basis on the last day of each month.

Email List

As a speaker, you will receive the email list of all attendees who opt-in for your free worksheet during the live run of the summit and for a period of 30 days after (“Initial Period”). The free offer will be advertised on your individual presentation page. We make no promise or guarantees that the part of the summit featuring your offer will always be included in future, edited versions of the presentation beyond the Initial Period.

 As required by federal law, under the CAN SPAM act, you must give the subscribers gained through this event the opportunity to opt out of your email list at any time.

Cancellation

If you are unable to keep your commitment to speak because of an emergency, please notify me at sami@thefirstclick.net at least 7 days prior to the event. If possible, we can arrange for an alternate presentation date but you understand that an alternate date may not be available in all instances.

Liabilities

You agree to hold Sami Bedell-Mulhern harmless from all claims, losses, expenses, and liabilities of every kind arising out of breach of any part of this agreement and any notices of infringement concerning your presentation or materials included in the presentation. You release Sami Bedell-Mulhern from any and all claim arising out of the use of the material.

Confidentiality

All terms of this Agreement are confidential and shall not be publicly disclosed. It may be shared with advisors such as your business advisor, attorney or accountant for review.

Force Majeure

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; and (g) national or regional emergency; and (h) strikes, labor stoppages or slowdowns, or other industrial disturbances. The party suffering a Force Majeure Event shall give notice within 7 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized

Notices

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this Section). All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt by the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.

No Assignment

Neither party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void.

No Waiver

No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Successors and Assigns

This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

Entire Agreement

This Agreement constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

Attorney’s Fees

In the event that any party institutes any legal suit, action, or proceeding, including arbitration, against the other party to enforce the covenants contained in this Agreement (or obtain any other remedy in respect of any breach of this Agreement), the prevailing party in the suit, action, or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs.

Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in Hennepin County County, Minnesota under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator’s award in any such proceeding shall be final and binding, and a judgment upon such award may be enforced by any court of competent jurisdiction sitting in Hennepin County County, Minnesota. Each of the parties in any suit, action or proceeding arising out of or relating to this Agreement, irrevocably (i) submits to the jurisdiction of any Court sitting in Hennepin County County, Minnesota  over suit, action or proceeding arising out of or relating to this Agreement, (ii) waives to the fullest extent enforceable under applicable law any objection which it may now or hereafter have to the above venue of any such suit, action or proceeding and any claim that any such suit, action or proceeding brought in such Court has been brought in an inconvenient forum, (iii) waives to the fullest extent enforceable under applicable law any objection which it may now or hereafter have to the above mentioned Court having jurisdiction of the parties hereto and to the subject matter of this Agreement, and (iv) acknowledges that a final judgment in any such suit, action or proceeding brought in such Court, after all appropriate appeals, shall be conclusive and binding upon it. The prevailing party shall be entitled to reasonable attorney’s fees and costs.