Terms and Conditions

This page indicates the policies and regulations set forth as part of the contract for Sponsorship with the Association for Software Testing (AST) and its organizing committee, for it’s annual conference (CAST) being held at the Prince Conference Center at Calvin College, in Grand Rapids, Michigan (Conference Facility) on August 2-4, 2010. AST reserves the sole right to render all interpretations, amend and enforce these policies and regulations and to establish any and all further regulations not specifically covered below to assure the general success and well being of the conference. AST reserves the right to decline, prohibit, deny any sponsorship which in its sole judgment is contrary to the character, objectives, and best interests of the conference, suitable for its participants, or in conflict with the AST Code of Ethics.

Sponsor Payment

A minimum of 50% must be paid 45 prior to CAST. The balance will by the start of CAST. All agreements received after 45 days prior to CAST must include full payment. Any deviations from this provision, including but not limited to acceptance of late payments specified herein, shall not be construed as a waiver of rights to cancel a sponsor’s contract for such non-compliance. Delays in payment may result in missed marketing deadlines and sponsor exclusion from marketing campaigns and advertising opportunities.

Cancellation and Refunds

All cancellations of sponsorship must be received in writing. If AST receives a written request for cancellation of sponsorship on or before 45 days prior to CAST, the sponsor will be liable for 25% of the total sponsorship canceled. For cancellations received after 45 days prior to CAST, sponsors are liable for 50% of the total sponsorship pledge.

Exhibit Space and Discounted Conference Registration

A sponsor who chooses exhibit space as a sponsor privilege will be required to abide by AST’s rules and regulations for exhibiting.

Authorized Representative

The sponsoring organization assumes responsibility for its authorized representative to follow all contract Rules and Regulations.

Indemnification

Sponsor agrees that it will indemnify and hold AST harmless of, from and against all claims, demands, actions, damages, loss, cost, liabilities, expenses and judgments recovered from or averted against AST on account of injury or damage to person or property to the extent that any such damage of injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act, omission, negligence or misconduct on the part of Sponsor or any of its agents, servants, employees, contractors, patrons, guests, licensees or invitees or of any other person entering upon the premises leased hereunder with the express or implied invitation or permission of Sponsor, or when any such injury or damage is the result, proximate or remote, of the violation by Sponsor or any of its agents, servants, employees, contractors, patrons, guests, licensees or invitees of any law, ordinance or governmental order of any result from the sole negligence, gross negligence or willful misconduct of AST. Sponsor covenants and agrees that in case AST shall be made a part to any litigation commenced by or against Sponsor in relation to this conference then Sponsor shall and will pay all costs and expenses, including reasonable attorney’s fees and court costs, incurred by or imposed upon AST by virtue of any such litigation.

Exhibitor hereby assumes entire responsibility and hereby agrees to protect, defend, indemnify and save Conference Facility, its owners, subsidiaries, affiliates, employees, officers, directors, and agents harmless against all claims, losses or damages to persons or property, governmental charges or fines and attorney’s fees arising out of or caused by its installation, removal, maintenance, occupancy or use of the exhibition premises or a part thereof, excluding any such liability caused by the sole gross negligence of Conference Facility and its employees and agents.

Exhibitor shall obtain and keep in force during the term of the installation and use of the exhibit premises, policies of Comprehensive General Liability Insurance and Contractual Liability Insurance, insuring and specifically referring to the Contractual liability set for in this Exhibit, in an amount not less than $1,000,000 Combined Single Limit for personal injury and property damage.

Exhibitor acknowledges that neither Conference Facility, nor its owners maintain insurance covering exhibitor’s property and that it is the sole responsibility of the exhibit to obtain business interruption and property damage insurance insuring any losses by exhibitor.

Waiver

AST shall not be deemed to waive any of its rights hereunder unless such waiver is explicitly stated as a waiver in writing and signed by an authorized AST officer. No delay or omission by AST is in exercising any of its right shall operate as a waiver of such rights and waiver of rights in writing on one occasion shall not be construed as a consent to, or a waiver of any right or remedy on any future occasion.

Attorneys’ Fees

Should AST find it necessary to employee attorneys to enforce any of the provisions of this agreement or to protect in any manner its interest or interests under this agreement, AST, if it is the prevailing party, shall be entitled to recover from the other party all reasonable costs, charges, and expenses including attorneys’ fees.

Americans With Disabilities Act, Civil Rights, EEO

AST holds the right to terminate all relations with a Sponsor if that Sponsor blatantly disregards and/or demonstrates a position contrary to the federal laws affecting Americans with Disabilities, Civil Rights, and Equal Employment Opportunities. AST will reimburse the Sponsor 50% of any paid amount if the Sponsorship is canceled for these reasons. Sponsors shall also indemnify and hold harmless AST and facility against cost, expense, liability or damage incident to, arise out of, or be caused by Sponsor failing to comply with these federal laws.

Social Functions / Special Events

Any social function or special event planned by a sponsoring organization, to take place during CAST, must be approved by AST.

Other Regulations

Any and all matters not specifically covered by the preceding rules and regulations shall be subject solely to the decision of AST. AST shall have full power to interpret, amend, and enforce these rules and regulations, provided any amendments, when made, are brought to the notice of sponsors. Each sponsor, for himself and his employees, agrees to abide by the foregoing rules and regulations and by any amendments or additions thereto in conformance with the preceding sentence.