Partnership Terms and Conditions

Partner Agreements (“Agreement”) with the Technology Services Industry Association (“TSIA”) are governed by the following Terms and Conditions. TSIA reserves the right to change its Partner Agreement Terms and Conditions upon written notice to Partners.

1. Benefits. Partner benefits are as listed on the following page on the TSIA website: www.tsia.com/partner-with-tsia.
2. Webinar Dates. Webinar dates may only be changed, provided alternate dates within the partner contract renewal period are available, no later than sixty (60) days prior to the contracted webinar date. Fees due or paid for webinars that are cancelled less than sixty (60) days prior to the contracted webinar date are subject to forfeiture. Fees due or paid for webinar dates contracted for and not used during the renewal period are also subject to forfeiture.
3. Modified Research Reports and Blog Postings. Modified research reports and blog postings must be completed within the term of a Partner Agreement. Failure to complete during an Agreement term will result in a forfeiture of applicable fees.
4. Booth Staffing. Partner booths may be staffed by no more than seven (7) representatives at any one time, based on exhibit space booth size: Partners with 10x10 booths may have three (3) representatives; Partners with 10x20 booths may have five (5) representatives; and Partners with 20x20 booths may have seven (7) representatives. Additional Conference registrations may be purchased at the preferred Partner rate, less any applicable promotional discounts. Exhibit Hall-only registrations may be purchased. Registrations cannot be shared.
5. Booth Space. Booth selection is based on two criteria: booth size (20x20, 10x20, and 10x10), in descending order; and Agreement signing date. Within each size grouping, selection is chosen by Agreement signing date.  If Partner upgrades its booth at any time to a larger size, the original signing date for the Technology Services World Conference (“Conference”) is used. TSIA and Conference sponsorship levels do not have any bearing on booth selection order. Each Partner is responsible for additional exhibit-related expenses, which can be contracted through TSIA’s third party exhibition management company. Detailed information for each Conference is provided in an Exhibitor Kit.
6. Vouchers. Conference attendance vouchers issued with Partner Agreements are subject to the following restrictions:
   1. Vouchers can only be used to attend the Conference(s) specified in an Agreement, and cannot be applied towards the purchase of any other TSIA product or service.
   2. No credits or refunds will be issued for unused Conference vouchers.
   3. Conference vouchers cannot be carried over to a future Agreement.
   4. Once redeemed, Conference vouchers are subject to the cancellation policy published on the Conference website.
   5. Full Conference registrations include: entrance to all Conference keynotes and sessions; access to all generally distributed Conference materials; all Conference meals; and no-additional-fee networking events.
   6. EXPO-only registrations include: entrance to TSW | EXPO Hall; all Conference meals served in the EXPO hall; no-additional-fee networking events; and access to all generally distributed Conference materials. EXPO-Only registrations do not include admission to keynotes or breakout sessions, or awards luncheons.
7. Substitutions and Cancellations. Substitution or cancellation of individual line items in Partner Agreements are not permitted. Partner may, by giving advance written notice, cancel its participation in a Conference, and will be subject to cancellation fees as follows:
   1. 180+ days prior to the Conference, 20% cancellation fee applies.
   2. 90 to 180 days prior to the Conference, 50% cancellation fee applies.
   3. 0 to 90 days prior to the Conference, 100% cancellation fee applies.
      After the cancellation fee is applied, any remaining balance of the contracted amount will be re-directed to other TSIA Partner program offerings.
   Monies paid against signed agreements will not be refunded under any circumstances.
8. Event Cancellation. In the event TSIA cancels a Conference, Partner will receive a credit to be applied to the next Conference.
9. Change of Space. TSIA shall have the right, at its sole discretion, to change Partner's exhibit space assignment or the Conference location after acceptance if it is deemed in the best interest of the Conference. In the event TSIA elects to exercise its right to change Partner's exhibit space assignment, Partner will be notified in writing of the new assigned location. Any reassignment shall be to an exhibit space which is the same size as the original space.
10. Attendee List Usage. (Applies only to webinars and certain Conference sponsorships). The list of attendee names and addresses is and remains the sole and exclusive property of TSIA and may not be used for any purpose or incorporated into any other customer list or database without TSIA's express written consent. Sponsors are granted limited use of an attendee list to send one (1) e-mail per the following guidelines: (a) attendee list is provided solely for the purpose of event follow-up; (b) Sponsor shall not send any messages or information to attendee list that are obscene, threatening, defamatory, fraudulent, abusive, infringing, tortious or in violation of the CAN- SPAM Act or any other laws, including material that is harmful to children or violates third party privacy rights; and (c) after distribution of the e-mail, the attendee list must be destroyed.
11. Confidentiality. All written, digital and oral confidential Information, communicated by one party to another shall be held in strict confidence by both parties and be used only for purposes of executing an Agreement. No such information, including the provisions of an Agreement, shall be disclosed by the recipient without the prior written consent of the other party, except as required by law or to comply with any regulatory or similar requirement. If either party is required to disclose any confidential Information of the other party under law, the party so required shall notify the other party immediately and shall co-operate in seeking a reasonable protective order.
12. Privacy. The collection and use of Partner employee personal information is governed by TSIA’s Privacy Policy, which is incorporated by reference herein.
13. Announcements. Upon receipt of a signed Agreement, TSIA may publicly announce Partner’s partnership via e-mail, web, blog, social media, or other means of digital publication. TSIA shall have the right to use Partner’s name and logo on TSIA’s partnership list, website and other marketing materials for so long as Partner maintains an active partnership. If TSIA elects to issue a press release regarding Partner’s partnership or involvement in any TSIA activities, it will first obtain prior approval by Partner.
14. Insurance. During the term of an Agreement, Partner and TSIA will carry workers' compensation insurance with statutory limits, and general liability insurance with per occurrence limits of at least $1,000,000.
15. Transferability. Partner Agreements are not transferable, except under the following condition. Partner has the right to assign or transfer an Agreement in the event that Partner is subject to a change in control, or to an acquisition, merger or sale of all of, or substantially all of Partner assets.
16. Mutual Indemnification
    1. Partner agrees to indemnify, defend and hold harmless TSIA and each of its directors, officers, employees and agents (collectively, the "TSIA Indemnitees" and individually, a "TSIA Indemnitee") from and against all liabilities, losses, claims, demands, damages, costs and expenses (including but not limited to reasonable legal fees and disbursements) suffered or incurred by any TSIA Indemnitee and arising as a direct or indirect result of any claim, proceeding, civil, criminal or administrative action, inquiry, suit or legal action instituted against a TSIA Indemnitee in respect of the Event or Partner's use of the Inventory, and services and facilities of TSIA arising as a result of the negligence or willful misconduct of Partner or any of its directors, officers, employees and agents. Such indemnity shall not apply to the extent that a TSIA Indemnitee is claiming indemnity for its own negligence or willful misconduct.
    2. TSIA agrees to indemnify and hold harmless Partner and each of its directors, officers, employees and agents (collectively, the "Partner Indemnitees" and individually, a "Partner Indemnitee") from and against all liabilities, losses, claims, demands, damages, costs and expenses (including but not limited to reasonable legal fees and disbursements) suffered or incurred by any Partner Indemnitee and arising as a direct or indirect result of any claim, proceeding, civil, criminal or administrative action, inquiry, suit or legal action instituted against a Partner Indemnitee and in respect of the Event or Partner's use of the services and facilities of TSIA arising as a result of the negligence or willful misconduct of TSIA or any of its directors, officers, employees and agents. Such indemnity shall not apply to the extent that a Partner Indemnitee is claiming indemnity for its own negligence or willful misconduct.
17. Limitation of Liability. Each party's total cumulative liability in connection with this Agreement, whether in contract or tort or otherwise, will not exceed the amount of fees paid to Partner under this Agreement. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, OR FOR ANY LOST DATA, BUSINESS INTERRUPTION, LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Governing Law. This Agreement shall be construed in accordance with the laws of the State of California without regard to conflicts of laws provisions thereof. This Agreement shall be deemed to have been entered into in Santa Clara, California and may be enforced in the courts of Santa Clara County, California.