Exhibition Conference Los Angeles Convention Center December

Document Sample
Exhibition Conference Los Angeles Convention Center December Powered By Docstoc
					                                                                          (For Office Use Only)
                                                                          Client No: ________________ Received: ________________
                                                                          Sq. Ft.: __________________ Dimensions: ______________
                                                                          Booth No.: ________________ Total Cost: ______________
                                                                          Accepted By: ______________________________________
                             Exhibition & Conference
                             Los Angeles Convention Center                (For NewBay Media, LLC)
                             December 5-6, 2007                           Date: ____________________________________________

The undersigned (hereafter called the “exhibitor” hereby applies for space at the DIGITAL VIDEO EXPO WEST to be held at the Los
Angeles Convention Center on December 5-6, 2007.
COMPANY NAME: ___________________________________________________________________________________________
Exhibitor Contact: ________________________________________ Title: ________________________________________________
Address: ____________________________________________________________________________________________________
City: ____________________________________________ State: ______________________ Zip: ____________________________
Phone No: _______________________ Fax: ____________________________ E-mail: _____________________________________
Additional Exhibitor Contact: _______________________________ Title: _________________________________________________
Phone No: ________________________ Fax: __________________________ E-mail: ______________________________________
BILLING CONTACT (IF DIFFERENT FROM ABOVE):_________________________________________________________________
Phone No: ______________________________ Fax No: __________________________ Email:______________________________
First Choice: Booth No. ________      Size: (length) _____________ft. x (width) ______________ft.
Second Choice:        Booth No. ________        Size: (length) _____________ft. x (width) ______________ft.
Booth Price: $______________________
□ Platinum Sponsorship @ $25,000  □ Badge Insert @ $4,500                                   □ Event Program Belly Band Advertisement
□ Gold Sponsorship @ $20,000      □ Convention Center Banner                                    @ $7,000
□ HD House Sponsorships @ $15,000     @ $___________                                        □ Snack/Coffee Break @ $1,000
□ DV Film Festival Sponsorships @ □ Conference Bag @ $7,000                                 □ Event Program Display Advertising
    $20,000                       □ Conference Bag Insert @ $2,000                              @ $________
□ Vendor Sponsored Presentations  □ Conference Notepads @ $2,500                            □ Other @ $___________
    @$7500                        □ Digital Video Expo E-Newsletter
□ Badge Lanyard @ $6,000              @$3,000 per issue
AMOUNT ENCLOSED: $______________(U.S. Funds) for 25% of the space rental at $37.00 per net square foot by December 17,
2007. An additional 25% is due by April 06, 2007, and the balance by July 10, 2007.
□ Check (Make all checks payable to: NewBay Media LLC)
Credit Card: □ Visa   □ AMEX            □ MasterCard
Credit Card # _______________________________________V Code___________________ Expiration Date ___________________
Cardholders Name _______________________________________ Cardholders Signature___________________________________
This contract shall not be binding unless and until it is accepted and approved in writing by DV show management.
The rules and regulations constitute part of this contract and the exhibitor agrees to abide and conform hereto.
Name: ____________________________________________________ Title: _____________________________________________
Signature: __________________________________________________ Date: ____________________________________________
All cancellations must be submitted in writing. Any contract executed after July 6, 2007 and subsequently cancelled will require 100%
cancellation fee of the total contracted amount.
DIGITAL VIDEO EXPO WEST, 810 Seventh Avenue , 27th Floor, New York, NY 10019
SALES: Tel: 212-378-0469 MANAGEMENT: 212-378-0457

NEWBAYMEDIA, LLC                                                                                           Produced by
Attn: DVEXPO-WEST                                                                                   NewBay Media, LLC
810 Seventh Avenue , 27th Floor, New York, NY 10019
Defined Terms                                                                      arrears of any payment due to NEWBAY. NEWBAY is expressly                         refuse to consider for participation in future Events an Exhibitor
The term "Event" means DIGITAL VIDEO EXPO EAST currently                           authorized (but has no obligation) to occupy or dispose of any space              who violates or fails to abide by the contract and any of the
scheduled to be held on December 5-7 , 2007 (the "Event Dates") at Los             vacated or made available by reason of action taken under this paragraph          accompanying rules and regulations. Any amendment to this
Angeles Convention Center (the "Exhibit Facility"). The Event is owned,            in such manner as it may deem best, and without releasing Exhibitor from          contract must be in writing and signed by an authorized
produced and managed by NEWBAY MEDIA L.L.C. ("NEWBAY"). As used                    any liability hereunder. NEWBAY may also terminate this contract                  representative of NEWBAY. Exhibitor may not assign this
hereinafter, the term "Organizer" means, collectively, NewBay, and each of         effective upon written notice of termination if Exhibitor breaches any of its     contract or any right hereunder nor may Exhibitor sublet or
[its/their respective] officers, directors, shareholders, agents, affiliates,      obligations under this contract, without any obligation on NEWBAY part to         license all or any portion of its exhibit space.
representatives, employees and assigns, unless the context requires                refund any payments previously made and without releasing Exhibitor               Exhibitor Service Manual
otherwise. The term "Exhibitor" means, collectively, (i) the company or            from any liability arising as result of or in connection with such breach. If     Prior to the Event, NEWBAY will send an Exhibitor Service
person that applied for exhibit space rental and agreed to enter into this         NEWBAY removes or restricts an exhibit which NEWBAY considers to be               Manual to the "Primary Contact" listed on the front of this
contract upon acceptance by NEWBAY in the manner stated below and (ii)             objectionable or inappropriate, no refund will be due to Exhibitor.               agreement. The Exhibitor Service Manual will include
each of its officers, directors, shareholders, employees, contractors,             Cancellation of the Event                                                         information integral to participation at the Event, including but
agents, representatives and/or invitees, as applicable.                            If NEWBAY cancels the Event due to circumstances beyond the                       not limited to: additional exhibitor rules and regulations, official
Contract Acceptance                                                                reasonable control of NewBay (such as acts of God, acts of war,                   contractor order forms, registration, shipping and drayage,
This contract shall become binding and effective only when it has been             governmental emergency, labor strike or unavailability of the Exhibit             utilities and building services, exhibitor display rules, and
signed on the facing page by Exhibitor and countersigned on the facing             Facility), NEWBAY shall refund to each Exhibitor its exhibit space rental         move-in, move-out schedules.
page by a duly authorized representative of NewBay Media LLC.                      payment previously paid, minus a share of costs and expenses incurred,            Incorporation of Rules and Regulations
Assumption of Risk: Risks                                                          in full satisfaction of all liabilities of Organizer to Exhibitor. NEWBAY         Any and all matters pertaining to the Event and not specifically
Exhibitor expressly assumes all risks associated with, resulting from or           reserves the right to cancel, re-name or re-locate the Event or change the        covered by the terms and conditions of this contract shall be
arising in connection with Exhibitor's participation or presence at the            dates on which it is held. If NEWBAY changes the name of the Event, re-           subject to determination by NEWBAY in its sole discretion.
Event, including, without limitation, all risks of theft, loss, harm, damage or    locates the Event to another event facility within the same city, or changes      NEWBAY may adopt rules or regulations from time to time
injury to the person (including death), property, business or profits of           the dates for the Event to dates that are not more than 30 days earlier or        governing such matters and may amend or revoke them at any
Exhibitor, whether caused by negligence, intentional act, accident, act of         30 days later than the dates on which the Event originally was scheduled          time, upon reasonable notice to Exhibitor. Any such rules and
God or otherwise. Exhibitor has sole responsibility for its property or any        to be held, no refund will be due to Exhibitor, but NEWBAY shall assign to        regulations (whether or not included in an Exhibitor Service
theft, damage or other loss to such property (whether or not stored in any         Exhibitor, in lieu of the original space, such other space as NEWBAY              Manual or similar document) are an integral part of this
courtesy storage area), including any subrogation claims by its insurer.           deems appropriate and Exhibitor agrees to use such space under the                contract and are incorporated herein by reference. Exhibitor
Neither Organizer nor the Exhibit Facility accepts responsibility, nor is a        terms of this contract. If NEWBAY elects to cancel the Event other than           shall observe and abide by additional regulations made by
bailment created, for property delivered by or to Exhibitor. Neither               for a reason previously described in this paragraph, NEWBAY shall refund          NEWBAY as soon as these additional rules or regulations are
Organizer nor the Exhibit Facility shall be liable for, and Exhibitor hereby       to each Exhibitor its entire exhibit space rental payment previously paid, in     communicated to Exhibitor. This contract (including the
releases all of them from, and covenants not to sue any of them with               full satisfaction of all liabilities of Organizer to Exhibitor.                   Exhibitor Service Manual and any additional rules or
respect to, any and all risks, losses, damages and liabilities described in        Exhibit Space Occupancy                                                           regulations adopted by NEWBAY from time to time) states the
this paragraph.                                                                    Hours and dates for installing, occupying and dismantling exhibits shall be       entire agreement of the parties with respect to the subject
Indemnification                                                                    those specified by NEWBAY. If Exhibitor fails to install its display in its       matter hereof.
Exhibitor shall on a current basis indemnify, defend (with legal counsel           assigned space by 11:00 A.M. Dec. 05, 2007 or leaves its space                    Governing Law
satisfactory to NewBay), and hold Organizer and the Exhibit Facility               unattended during the Exhibit hours, NEWBAY shall have the right to take          This contract is governed by the laws of the State of New York
harmless from any and all claims, demands, suits, liabilities, damages,            possession of the space and no refund will be due to Exhibitor. All exhibits      as applied to contracts entered into and entirely performed
losses, costs, reasonable attorneys' fees and expenses which result from           must be open for business during the Event hours. Exhibitor may not               within such state. Exhibitor agrees that the courts located in the
or arise out of or in connection with: (a) Exhibitors' participation or            dismantle the display until the Event is officially closed by NEWBAY.             State of New York shall constitute the exclusive forum for the
presence at the Event, (b) any breach by Exhibitor of any agreements,              Listings and Promotional Materials                                                resolution of any and all disputes arising out of, connected with
covenants, promises or other obligations under this contract; (c) any              By exhibiting at the Event, Exhibitor grants to NEWBAY a fully-paid,              or related to this contract or the breach of any provision of this
matter for which Exhibitor is otherwise responsible under the terms of this        perpetual non-exclusive license to use, display and reproduce the name,           contract. Exhibitor waives any right to assert lack of personal or
contract; (d) any violation or infringement (or claim of violation or              trade names and product names of Exhibitor in any directory (print,               subject matter jurisdiction and agrees that venue properly lies
infringement) of any law or ordinance or the rights of any party under any         electronic or other media) listing the exhibiting companies at the Event          in Los Angeles, CA.
patent, copyright, trademark, trade secret or other proprietary right; (e) any     and to use such names in CMP promotional materials. NEWBAY shall not              Outside Exhibits/Hospitality Suites
libel, slander, defamation or similar claims resulting from the actions of         be liable for any errors in any listing or descriptions or for omitting any       Exhibitors are prohibited, without express written approval from
Exhibitor; (f) harm or injury (including death) to Exhibitor; and (g) loss of or   Exhibitor from the directory or other lists or materials. NEWBAY may also         NEWBAY, from displaying products/services and/or other
damage to property or the business or profits of Exhibitor, whether caused         take photographs of Exhibitor's booth space, exhibit and personnel during,        advertising material in areas outside their booth space such as,
by negligence, intentional act, accident, act of God, theft, mysterious            before or after the open hours of the Event and use such photographs for          but not limited to, parking lots, hotel lobbies, lounges, corridors,
disappearance or otherwise.                                                        any NEWBAY promotional purpose.                                                   sleeping rooms, etc., as well as unauthorized facility tours.
Limitation of Liability                                                            Care of Exhibit Facility                                                          Exhibitors also agree not to operate hospitality suites during
Under no circumstances shall Organizer or the Exhibit Facility be liable for       Exhibitor shall promptly pay for any and all damages to the Exhibit Facility      hours in which the Event is open or when any Organizer-
any lost profits or any incidental, special, indirect, punitive or consequential   or associated facilities, booth equipment or the property of others caused        sponsored activities are being held. Exhibitors hosting
damages whatsoever for any of their acts or omissions, whether or not              by Exhibitor.                                                                     hospitality functions are prohibited from holding those activities
apprised of the possibility of any such lost profits or damages. In no event       Taxes and Licenses                                                                during official Event hours. Only Exhibitors paying the Event
shall Organizer's maximum liability under any circumstance exceed the              Exhibitor shall be solely responsible for obtaining any licenses, permits or      participation fee are permitted to host a hospitality function, in
amount actually paid to NEWBAY by Exhibitor for exhibit space rental               approvals under federal, state or local law applicable to its activities at the   an official Event hotel. All requests for a hospitality suite or
pursuant to this contract. Organizer makes no representations or                   Event. Exhibitor shall be solely responsible for obtaining any necessary          public function space must be made through NEWBAY.
warranties, express or implied, regarding the number of persons who will           tax identification numbers and permits and for paying all taxes, license          If an Exhibitor cancels or fails to occupy the exhibit space
attend the Event or regarding any other matters.                                   fees, use fees, or other fees, charges, levies or penalties that become due       during official Event hours, NEWBAY reserves the right to
Qualifications of Exhibitor                                                        to any governmental authority in connection with its activities at the Event.     notify the hotel to cancel any hospitality space and/or hotel
NewBay Media, LLC, in its sole discretion, determines whether a                    Exhibitor will not permit the delivery of merchandise at the Event Facility       guest rooms under that Exhibitor's name. Exhibitor shall
prospective exhibitor is eligible to participate in the Event. Eligibility is      without the express permission of NEWBAY.                                         remain liable for the payments made to the hotel.
generally limited to persons or firms who supply products and services to          Insurance                                                                         Contractor Services
the digital video market. Applicants who have not previously exhibited at          Exhibitor shall, at its own expense, secure and maintain through the term         In the interest of making available the best qualified craftsmen
the Event may be required to submit a description of the nature of their           of this contract, including move-in and move out days, the insurance listed       in numbers sufficient to handle all of the services necessary for
business and the items to be exhibited. NEWBAY reserves the right to               below. All such insurance shall be primary of any other valid and                 the operation of the Event, NewBay has contracted on an
restrict or remove any exhibit which NEWBAY, in its sole discretion,               collectible insurance of Exhibitor and shall be written on an occurrence          exclusive basis official contractors to provide certain services.
believes is objectionable or inappropriate.                                        basis. Claims made policies are not acceptable and do not constitute              Service companies other than the official contractors will not be
Assignment of Space                                                                compliance with Exhibitor's obligations under this paragraph.                     allowed to perform any of these exclusive services.
Space will be assigned on a first-come, first-served basis, and in                 (A) Workers' Compensation insurance;                                              Nonexclusive services may be performed by exhibitor-
consideration of total earned priority points. Exhibit space shall be              (B) Comprehensive General Liability insurance with limits not less than           appointed contractors (EAC) within certain guidelines. A
assigned by NEWBAY in its sole discretion for the Event and for the Event          $1,000,000 each occurrence, $2,000,000 aggregate, combined single                 complete listing of exclusive services and EAC guidelines will
Dates only. Any such assignment does not imply that similar space will be          limit for bodily injury and property damage, including coverage for               be provided in Exhibitor Service Manual.
assigned for future Events. NEWBAY reserves the right to change the floor          personal injury, contractual, and operation of mobile equipment, products         Character of Displays: Use of Aisles and Common Areas
plan or to move an Exhibitor to another booth location prior to or during the      and liquor liability (if applicable);                                             Distribution of samples and printed matter of any kind, and any
Event if NEWBAY in its sole discretion determines that to do so is in the          (C) Automobile Liability insurance with limits not less than $500,000 each        promotional material, is restricted to the exhibit booth. Each
best interest of the Event. Exhibitor hereby agrees and acknowledges that          occurrence combined single limit for bodily injury and property damage,           Exhibitor agrees to exhibit only products which it manufactures,
NEWBAY shall have the right to assign its rights and delegate its                  including coverage for owned, non-owned and hired vehicles, including             represents or distributes. All exhibits shall display products or
obligations in connection with these terms and conditions to any entity            loading and unloading operators.                                                  services in a tasteful manner. The aisles, passageways and
controlling, controlled by or under common control with NEWBAY.                    Comprehensive General Liability and Automobile Liability insurance                overhead spaces remain strictly under control of NEWBAY and
Cancellation by Exhibitor                                                          policies shall name as additional insured NEWBAY, Inc. and each of its            no signs, decorations, banners, advertising material or special
If Exhibitor desires to cancel this agreement, Exhibitor may only do so by         subsidiaries. If requested, copies of additional insured endorsements,            exhibits will be permitted in the aisles except by written
giving notice thereof in writing sent to the Organizer with evidence of            primary coverage endorsements and complete copies of policies,                    permission of NEWBAY. Uniformed attendants, models and
receipt. In such case, Exhibitor will continue to be liable for 100% of the        satisfactory to CMP, shall be furnished to NEWBAY sixty (60) days before          other employees must remain within the booths occupied by
total exhibit fee. This amount is considered to be liquidated and agreed           the first day of the Event. Certified copies of the Certificates of Insurance     their employers. Any and all advertising distribution must be
upon damages, for the injuries the Organizer will suffer as a result of            or policies shall provide that they may not be cancelled without 30 days'         made from Exhibitor's booth space. Samples, souvenirs and
Exhibitors cancellation. This provision for liquidated and agreed upon             advance written notice to NEWBAY.                                                 advertising material may be distributed by Exhibitor only from
damages is a bona fide provision and not a penalty. The parties                    Copyrighted Materials                                                             within his or her booth. Balloons and stickers are prohibited in
understand that the withdrawal of the space reserved from availability at a        Exhibitors shall not play or permit the playing or performance of, or             the exhibit area. (Handouts with gummed backing that adhere
time when other parties would be interested in applying for it, will cause         distribution of any copyrighted material at the Event unless it has obtained      or cause adhesion are considered stickers.) Equipment must
the Organizer to sustain damages. In this situation, the Organizers                all necessary rights and paid all required royalties, fees or other               be arranged so that show visitors do not stand in the aisle
damages will be substantial, but they will not be capable of determination         payments.                                                                         while examining equipment or watching demonstrations.
with mathematical precision. Therefore, the provisions for liquidated and          Observance of Laws                                                                Strolling entertainment or moving advertisements outside of an
agreed upon damages have been incorporated into this Agreement as a                Exhibitor shall abide by and observe all federal, state and local laws,           Exhibitor's exhibit space is prohibited.
valid pre-estimate of these damages. The date of cancellation shall be the         codes, ordinances, rules and regulations, and all rules and regulations of        Sound Devices
date the Organizer receives the notice. NEWBAY reserves the right to               the Exhibit Facility (including any union labor work rules). Without limiting     The use of devices for mechanical reproduction of sound or
treat an Exhibitor's downsizing of booth space as cancellation of the              the foregoing, Exhibitor shall construct its exhibits to comply with the          music is permitted, but must be controlled. Sound of any kind
original space and purchase of new booth space. An Exhibitor may be                Americans with Disabilities Act.                                                  must not be projected outside of the exhibit booth. Exhibitors
required to move to a new location if it requests a downsizing of space.           Additional Terms and Conditions                                                   are specifically prohibited from employing any carnival-type
Cancellation by NEWBAY MEDIA L.L.C.                                                NEWBAY has sole control over attendance policies. Except as provided              attraction, animal or human, or from operating such noise-
If Exhibitor fails to make a payment required by this contract in a timely         to the contrary in this contract, all monies paid by Exhibitor shall be           creating devices as bells, horns or megaphones.
manner, NEWBAY may terminate this contract (and Exhibitor's                        deemed fully earned and non-refundable at the time of payment. Exhibitor          Fire and Safety Laws
participation in the Event) without further notice and without obligation to       shall conduct itself at all times in accordance with normal standards of          Federal, state and city Laws must be strictly observed. A full
refund monies previously paid. NEWBAY reserves the right to refuse                 decorum and good taste. In addition to its right to close an exhibit and          listing of these fire and safety regulations will be found in the
Exhibitor permission to move in and set up an exhibit if Exhibitor is in           withdraw acceptance of the contract, NEWBAY in its sole judgment may              Exhibitor Service Manual