Corporate Sponsor – Participation and License Agreement
Last Modified August 19, 2019
Working Warrior Foundation, Inc. (“Working Warrior”) is operating through a fiscal sponsorship with the Players Philanthropy Fund, a Maryland-based 501(c)3 recognized as tax-exempt under IRC § 501(c)(3). Our mission is to empower those who have served to find their calling in America’s digitally-driven economy.
When you check the box “I agree to the terms and conditions listed above,” you are agreeing to be bound by the terms of this agreement.
1. Registration. By submitting the Registration Form, you are requesting to participate in Working Warrior’s Corporate Sponsor fundraising platform (“Platform”) and certifying that all information contained in the Registration Form is true and correct to the best of your knowledge. Submission of the Registration Form is an application to participate in the Platform and does not guarantee acceptance of your application by Working Warrior. Working Warrior is not responsible for any incorrect or incomplete information, for server or other connection errors, miscommunications, or technical errors of any kind, or for any delay such incorrect information or technical error may cause in the application process.
2. Participation Period. Participation in the Platform is for one (1) year (“Participation Period”). Upon approval of your Registration Form, you will receive the start and end date for your Participation Period. At the end of the Participation Period, you and Working Warrior may agree to renew your participation in the Platform under the same or new terms.
3. Working Warrior License Grants. Upon acceptance of your application, WWP grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right to use Working Warrior’s trade name, and certain trademarks and service marks (“Working Warrior Marks”) in promotional materials and social media solely to promote your participation in the Platform. Additionally, you will have access to Working Warrior press releases, website banners, videos, graphic links, pictures, pamphlets, and other promotional materials (“Working Warrior Materials”) during the Participation Period. Your Sponsorship grants a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right to display, copy, and otherwise use the Working Warrior Materials solely to promote your participation in the Platform. Working Warrior may alter, remove, replace, or terminate access to the Working Warrior Materials at any time with or without notice to you. You may not alter, edit, modify, create derivative works, or otherwise use the Working Warrior Marks or Working Warrior Materials except as allowed under this agreement. Working Warrior reserves the right to revoke the rights granted under this agreement at any time at its sole discretion.
Nothing in this agreement gives you any ownership or other rights to the Working Warrior Marks and Working Warrior Materials except as specifically provided in this agreement, and your use of the same inures to the sole benefit of Working Warrior. Additionally, you agree not to use the Working Warrior Marks or Working Warrior Materials with any third- party trademarks, products, person, or endorsements that may damage the reputation, conflict with the charitable mission, or may damage the goodwill associated of Working Warrior or the Working Warrior Marks, unless specifically approved by Working Warrior.
4. Recognition. By participating in the Platform, you grant Working Warrior a limited, non-exclusive, non- revocable, non-transferable license to use your name, trade name, and trademark(s) on Working Warrior’s website(s), social media account(s), and as otherwise appropriate for the purpose of acknowledging you as a participant in the Platform. Additionally, by participating in the Platform, you agree to allow Working Warrior to link to your company website on Working Warrior’s website(s) and/or social media account(s). Nothing in this paragraph creates an obligation for Working Warrior to use your name, trade name, trademarks, or link to your website.
5. Customization. Certain Working Warrior Materials may allow customization, such as adding your name, description, and/or logo in designated spaces. Other than as allowed in the Working Warrior Materials, you may not alter, modify, edit, or create derivative works of any Working Warrior Materials. Additionally, you are not permitted to use the Working Warrior Marks for the creation of any customized marketing or promotional materials except as specifically allowed to promote your participation in the Platform.
6. Limitations on Participation. Your participation in the Platform cannot be based on cause- marketing promotions, co-branded materials, the sale of a specific product, portion of proceeds sales, or as otherwise limited by Working Warrior in its sole discretion. Working Warrior will not reach out to celebrity supports or other corporate sponsors on your behalf. Additionally, Working Warrior will not accept applications from the following industries:
• Adult Content or Entertainment
• Alcoholic Beverages
• Gambling or Casinos
• Tobacco or e-Cigarette/Vapor
7. No Exclusivity. Working Warrior will not grant you exclusivity for any industry. For example, there may be multiple restaurants using the Platform.
8. Indemnification. You agree to indemnify, defend, and hold Working Warrior, its affiliates and their respective officers, directors, employees, and agents (“Working Warrior Releasees”) harmless from and against any claims, damages, and liabilities (including reasonable attorneys’ fees) arising out of or related to (i) your participation in the Platform; (ii) your use and/or misuse of the Working Warrior Marks and Working Warrior Materials; (iii) your breach of the agreement; (iv) your negligence or willful misconduct; (v) any unauthorized use or misuse of third-party intellectual property; (vi) the products or services that you offer.
9. Limitation of Liability. IN NO EVENT WILL WORKING WARRIOR RELEASEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE MANNER IN WHICH SUCH DAMAGES ARE INCURRED OR DESIGNATED, OR FOR ANY LOSS OF PROFITS, EVEN IF WORKING WARRIOR RELEASEES WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL WWP RELEASEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AMOUNT IN EXCESS OF THE DONATIONS RECEIVED BY WORKING WARRIOR FROM YOU UNDER THIS AGREEMENT.
10. Term and Termination. The term of this agreement shall commence on the date you submit the Registration Form and shall terminate immediately upon the expiration of the Participation Period. Working Warrior may terminate this agreement and/or your participation in the Platform at any time, for any reason in Working Warrior’s sole discretion, by providing notice to you. You must stop using and dispose of or return to Working Warrior all Working Warrior Materials and other items containing the Working Warrior Marks within five (5) calendar days after expiration or termination of this agreement.
11. Cancellation by You. You may cancel your application at any time prior to the Participation Period start date by submitting a request to email@example.com. Within fifteen (15) days of receiving your cancellation request, Working Warrior will refund any donations received under the Platform through the date of cancellation. You may also terminate this agreement at any time after the Participation Period start date by providing Working Warrior written notice. Working Warrior will not refund any donations received under the Platform if the agreement is cancelled or terminated after the Participation Period start date, and you must stop using and dispose of or return to Working Warrior all Working Warrior Materials and other items containing the Working Warrior Marks within five (5) calendar days your cancellation of the agreement.
12. No Warranties. LICENSEE ACKNOWLEDGES AND AGREES THAT THE PLATFORM, WORKING WARRIOR MARKS, WORKING WARRIOR MATERIALS, PLATFORM ACCOUNT, AND ANY SERVICES PROVIDED VIA THE PLATFORM ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSEE ACKNOWLEDGES AND AGREES THAT WORKING WARRIOR DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR ANYTHING PROVIDED AS PART OF THE PLATFORM WILL (i) MEET YOUR REQUIREMENTS, OR (ii) BE UNINTERRUPTED OR ERROR-FREE. WORKING WARRIOR HEREBY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. Miscellaneous. Nothing in this Agreement authorizes you to (i) produce, market, distribute, or sell products featuring the Working Warrior Marks or Working Warrior Materials; (ii) develop, market, or conduct a commercial co- venture in association with Working Warrior; or (iii) advertise that purchase or use of a product or service directly or indirectly benefits Working Warrior. This agreement is binding upon both parties and neither party may assign or transfer the rights or obligations without the prior consent of the other party. All provisions that by their nature give rise to continuing obligations of the parties shall survive the expiration or termination of this agreement. Nothing in this agreement creates a joint venture, partnership, principal-agent, employer- employee, or similar relationship between you and Working Warrior. This Agreement does not empower you to speak on behalf of Working Warrior. Both parties shall comply with all applicable federal, state, and local laws and regulations, and all Better Business Bureau standards, including but not limited to those laws, regulations, and standards relating to games of chance, charitable solicitations and promotions, and tax obligations. This agreement represents the entire understanding of the parties and cannot be amended or modified, except in writing and signed by both parties hereto. The laws of the state of Maryland shall govern this agreement, without regard to conflicts of law principles, and you agree that any disputes will be brought exclusively in the state or federal courts located in Maryland. You represent that you have authority to enter into this agreement and agree to be bound by the terms and conditions set forth.”