Sponsor Terms and Conditions

Terms and Conditions - Sponsors

These terms of use apply to the OccasionGenius Sponsor Program (“Program Terms”).  The OccasionGenius Terms of Use (“Terms of Use”) shall apply and be incorporated by reference. The Program Terms govern your access to and use of the Program including any content, functionality and services offered by the Program.  

Please read these Program Terms carefully before you agree to participate in the Program. By using clicking to accept or agree to these Program Terms, you accept and agree to be bound and abide by them and our Privacy Policy. If you do not want to agree to these Program Terms, you must not access or use the Program. OccasionGenius may revise these Program Terms, our Terms of Use or our Privacy Policy from time to time in our sole discretion and without notice to you. All changes are effective immediately when we post them and your continued use of the Program following the posting of any revisions means that you accept and agree to the changes. You are expected to check this page often so you are aware of any changes, as they are binding on you. We will not be liable if for any reason all or any part of the OccasionGenius Website (“Website”) is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you, or other including registered users.

1.     The Program

OccasionGenius offers the Program to independents and businesses that want to stay top of mind for their clients with convenient, personalized and valuable event information.  By using participating in the Program you represent and warrant that you are of legal age to form a binding contract with us and meet any other eligibility requirements in these Program Terms.

 

  1.     Participant Obligations

To participate in the Program, complete the Registration Form online at www.OcccasionGenius.com/richmond/Sponsor.  Ensure that all data you provide in the Registration Form is accurate, current, and correct.   All information you provide to participate in the Program is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Program, Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

OccasionGenius reserves the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Program Terms, Terms of Use or our Privacy Policy.

Upon completion of the Registration Form, you will be asked to send OccasionGenius your list of clients and contacts (“Contacts”) to be used in the branded email blasts (“Branded Emails”) provided to you in the Program.  Please note that we are not responsible for inaccurate, out of date or misspelled emails and that you are solely responsible for ensuring the accuracy of your Contacts. Please do not send Contacts to us who have already unsubscribed or requested that they not receive emails and other correspondence from you or if applicable, your company.   

We provide our Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Please do not include clients in your Contacts who are located outside the United States.

Contacts, once they sign up as users of OccasionGenius, will remain as our users, subject to our Terms of Use and their specific user settings, regardless of whether you continue to participate in the Program after the Initial Term as defined below.

You will also be asked to send us a photograph of you and your business logo, if applicable, for use in the Branded Emails.  

 

   2.      License Granted.

You grant us a non-exclusive, non-transferable, non-sublicensable license to use your name and Images in the performance of our obligations hereunder during the Term including but not limited to the creation of the Branded Emails.

 

    3.      OccasionGenius Obligations

Upon receipt of your Registration Form, Contacts and Images, OccasionGenius will design a Branded Email featuring your Images and containing a specific code (“Code”).  Branded Emails will be sent to your Contacts who can then use the Code to go on the Website and sign up for our services.

We will provide a referral code and a link to upload your contacts. When your contacts register from your code or invite, they will receive on default one Branded Email per week of the Term (defined below).

CONTACTS ARE CONSIDERED CONFIDENTIAL. OCCASIONGENIUS WILL NOT SHARE YOUR CONTACTS WITH COMPETITORS. FOR EXAMPLE, OCCASIONGENIUS WILL NOT SHARE THE CONTACTS OF ONE REAL ESTATE AGENT WITH ANOTHER REAL ESTATE AGENT. 

 

2.     Term, Termination and Payment

 

   1.       Term

The Initial Term of the Program will be for one (1) year from the date of payment (“Effective Date”).  The Term shall renew for successive one (1) year terms (“Additional Term”) on the anniversary of the Effective Date unless terminated in accordance with these Program Terms.

 

   2.      Termination

You may cancel your participation in the Program at any time by contacting info@occasiongenius.com  during the Initial Term or any Additional Term. Upon termination, we will cease sending Branded Emails to your Contacts.  

You may terminate your participation in the Program up to thirty (30) days after commencement of an Additional Term, in which case you will receive a refund of the Fee. After 30 days, the Fee, defined below, is NON-REFUNDABLE, and you will not receive any portion of the Fee back if you cancel the Program during the Initial Term.

 

   3.      Payment of Program Fee

The Program Fee (“Fee”) shall be paid in accordance with the payment terms on the Registration Form and except as specified above, is NON-REFUNDABLE.  We use Stripe, a third-party payment processor.  Stripe’s terms and conditions and privacy policy can be found on https://stripe.com/us/privacy.  All payments are governed by Stripe’s terms and conditions and we are not responsible for any loss or damages to you resulting from a transaction with Stripe.

 

3.    Intellectual Property Rights

 

Our Website, contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by OccasionGenius, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except as provided in these Program Terms, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

 

  1.               Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  2.              You may store files that are automatically cached by your Web browser for display enhancement purposes.
  3.               You may print or download a reasonable number of pages of the Website, your Images as shown on the Branded Emails or any of the Program elements for limited use with your Contacts, per the license granted in the Program as explained below. There are no other commercial uses permitted hereunder[AB7] .
  4.              If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  5.               If we provide social media features with certain content, you may take such actions as are enabled by such features.

 

You may not:

  1.               Modify copies of any materials from the Website or the Branded Emails.
  2.              Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
  3.               You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website except as provided herein.

 

4.     Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Program Terms and your participation in the Program.

 

   1.      Limitation of liability

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PROGRAM OR OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PROGRAM OR THE WEBSITE, IS AT YOUR OWN RISK AND IS OFFERED "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER US OR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE PROGRAM, THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

   2.      Limitation on Liability

IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE PROGRAM OR THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.