Sponsorship Terms & Conditions

Additional terms and conditions

As outlined on and referred hereto:

• Sponsorship Package: https://epca.events/epca60/pages/sponsorship-packages
• Guidelines regarding competition law: https://epca.eu/dos-donts
• Deadlines: https://epca.events/epca60/pages/sponsors-deadlines

Terms & Conditions

1. Trademark, logos, texts, sounds, images, videos and other material provided by the Sponsor to EPCA must be in a quality sufficient to be used for the purpose intended in the exact format communicated by EPCA upon the signing of this Agreement and to the address indicated by EPCA. Images and video may be subject to additional technical requirements, as will be communicated by EPCA as well.
    
2. EPCA is granted a limited authorization to use the Sponsor’s trademark, logo and image, marketing material, and other elements provided by the Sponsor to EPCA, for the performance of EPCA’s obligations in relation to the sponsorship.
    
3. The Sponsor guarantees that any material and content provided to EPCA (such as, but not limited to, logos, images, content of posts, downloads, promotional videos, content of tailored promotion, etc.) is accurate, correct and complete and that the publication of such material and content does not infringe third party’s rights, such as for instance the reputation of third parties or their intellectual property rights. Among other things, the Sponsor will clear all IP rights necessary for the use of the content contemplated in the Agreement, including but not limited to all copyright and neighboring rights, and hereby grants a royalty-free, non-exclusive and worldwide license to EPCA on all content provided by the Sponsor, for the duration of copyright and for use on EPCA’s communication channels such as website, in emails and in all social media, as well on all printed mediums and at EPCA’s events; the Sponsor will ensure that the authors of the content provided to EPCA have waived their right to be indicated as authors and do not oppose the editing of their content by EPCA, insofar as legally permitted and to the extent necessary.
   The Sponsor will equally collect and provide all authorizations needed to use personal data processed in such material, insofar as necessary. The Sponsor holds EPCA harmless against any recourse of third party claiming that the use of material or content provided by the Sponsor infringes third party’s rights. EPCA can refuse to publish any material and can delete at any time material already published, if it can be reasonably considered that some material may infringe third party rights, is not relevant (anymore), may be detrimental to EPCA or infringes any other provision of the present terms and conditions.
   EPCA can also elect to delete any material after the end of the Agreement but is not under an obligation to do so unless required by Sponsor.
   Content provided by the Sponsor will always be clearly and prominently labelled as content provided by external sources and will be accompanied by a disclaimer indicating that (i) the contribution expresses only the views of the author, (ii) does not represent the views of EPCA or its members and (iii) EPCA bears no responsibility for the content of the published article nor for the content of external websites linked to from EPCA's website or other media channels.
    
4. Unless agreed otherwise in writing with EPCA, EPCA grants no exclusivity to the Sponsor: other Sponsors may be mentioned as sponsors as well;
    
5. Compliance with competition law is one of EPCA's core values. Compliance must be ensured at all times during the duration of the sponsorship Agreement, including any one-to-one meetings or events in which the sponsor may participate in the context of the Annual Meeting. In all its communications and activities under the present Agreement, the sponsor must refrain from addressing sensitive market information (unless it is legitimately in the public domain) and topics such as quantitative market analysis and projections, in particular where this includes forward-looking data and projections on prices, costs, production capacity, demand, margins, promotion of a company, etc. Topics that can be addressed are general topics of interest to the industry on climate change, emission reduction targets, CO2 emissions reduction, CCS and other decarbonizing technologies, circular economy, etc., global events and their socio-economic impact, regulatory and legislative developments and government initiatives, Diversity and Inclusion, Leadership programs, promotion of STEM to the younger generations, Digitization as an enabler of greater sustainability, etc. Also, the content and information provided by the Sponsor should focus only on facts and events in the public domain and report on historical and aggregated data. In compliance with the EPCA guidelines regarding competition law, content may not reveal individual company positions, strategies or future market conduct. It should be informative and provide added value for EPCA members.
   If the Sponsor participates to a panel or is involved in the organization of an event and is requested to make a presentation, the topic will have to be submitted to EPCA for consideration and approval in advance with a presentation of the topic, the main initiative and how the Sponsor wants to present this.
   The Sponsor will always abide to all rules regarding competition law and also follow EPCA guidelines regarding competition law as outlined on https://epca.eu/dos-donts (and as may be amended from time to time by EPCA).
    
6. Force Majeure means any event or circumstance that is unforeseeable, unavoidable, and beyond the reasonable control and independent of the will of the affected Party, preventing the performance of its contractual obligations. Events such as war, civil unrest, terrorism, natural disasters, epidemics or pandemics, governmental actions, or similar circumstances shall be considered Force Majeure. If a Force Majeure event occurs, the affected Party may suspend its obligations for the duration of the event, provided it promptly notifies the other Party in writing, specifying the nature, extent, and expected duration. Both Parties shall use reasonable efforts to mitigate the effects and resume performance as soon as practicable. If the Force Majeure situation continues for more than 90 calendar days, either Party may terminate the Agreement without liability.
   Hardship applies when unforeseeable circumstances beyond the Parties’ control fundamentally disrupt the economic balance of the Agreement compared to the situation at signing. In such cases, either Party may request renegotiation within 14 days of the event. If no Agreement is reached within 60 days, either Party may seek judicial adaptation of the Agreement.
    
7. Each Party shall only be liable for damages arising from its own deliberate actions or gross negligence. In the event of liability on the part of the Sponsor, such liability shall in any case be limited to the amount specified in this Agreement. 
   Nothing in this clause shall prevent the application of mandatory legal provisions that may extend the liability of the Parties.
   Furthermore, the Parties agree not to hold the other Party’s subcontractors, agents, officers, or employees directly liable for any damages they might cause; the sole recourse shall be against the other Party.
    
8. The Sponsorship Fee is non-refundable, including in the event that certain benefits contemplated under this Agreement cannot be provided to the Sponsor. This includes, without limitation, situations where the Annual Meeting is cancelled or postponed for a period of less than one (1) year, or where its format, duration, or content is modified. The non-refundability shall apply provided that: (i) EPCA’s inability to provide such benefits arises from circumstances beyond its reasonable control; or (ii) the provision of such benefits would require efforts exceeding commercially reasonable standards. Notwithstanding the foregoing, the Sponsorship Fee shall be refundable in the event of a material breach of this Agreement by EPCA, provided that such breach is not remedied within fourteen (14) days following written notice from the Sponsor.
    
9. EPCA’s obligations under the present Agreement are all obligations of reasonable efforts only. Among others, EPCA will undertake commercially acceptable efforts to detect, prevent and remedy problems:
   •    in the performance of this Agreement;
   •    in the organization and the conduct of the Annual Meeting. 
   EPCA shall use reasonable efforts to prevent any technical issues (such as the unavailability of its website, the event application and other communications channels, issues with the display of images on screen, connectivity issues, software issues and third-party intervention) and possible issues with rendering images on display screens or printed media. Also, EPCA can never be held liable for the content of the speeches and opinions expressed by third parties, including the speakers at the Annual Meeting. The liability of EPCA in relation to this Agreement is in any case limited to the amount paid by the Sponsor under this Agreement.
    
10. EPCA is entitled to terminate the Agreement without judicial intervention in case the Sponsor’s reputation and good standing would be under discussion and EPCA has reasonable reasons to believe that the use of the Sponsor’s trademark or logo, image or other elements could affect EPCA’s own reputation or the attractivity of EPCA’s in general and of its events. In such case, the amount to be paid by the Sponsor for the sponsorship will still be due.
     
11. Neither of the Parties shall be entitled, without prior express written permission from the other Party, to transfer this Agreement, either wholly or in part, to a third party. 
     
12. Any party can terminate the Agreement if the other party seriously breaches one of its obligations under this Agreement, provided that breach is not remedied within a period of fourteen (14) days after date of sending of a registered letter to the party in breach (accompanied by an email to the address indicated in the heading of this Agreement - or to EPCA's CEO johann.lenhart@epca.eu if the letter is addressed to EPCA), which contains a description of the breach and a reference to this provision. If the breach cannot be remedied, the Agreement can be terminated immediately with a registered letter (accompanied by an email to the address indicated in the heading of this Agreement - or to johann.lenhart@epca.eu if the letter is addressed to EPCA), without notice and without judicial intervention. Any breach of the obligations of the Sponsor under provisions 3 or 5 of the Agreement will be considered as a serious breach. Additionally, the Sponsor is entitled to terminate this Agreement with immediate effect if EPCA takes or is considered likely to take, any action or decision that would bring the Sponsor's reputation and good standing into disrepute. The Parties expressly agree that in case of a termination on the basis of this provision 12, no termination compensation whatsoever shall be due to the party in breach of its obligations.