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Speaker Agreement

Following are the terms + conditions of being a Speaker at the Thrive Virtual Conference (“The Event”) held online on March 26, 2021. 

We are so excited to extend you the invitation to be a Speaker at The Event! You are officially considered to be a Speaker once you have completed the following tasks by the deadlines listed below:

If we do not receive the requested information by the above deadlines, we reserve the right to cancel your invitation to speak at The Event.

That being said… we really, really don’t want to do that. We invited you to speak at The Event because we know our audience will get massive value from your presentation, and we also know how much your business will benefit from participating. So if something comes up and you need more time, please let us know as soon as possible and we will work with you to come up with a creative solution that’s a win-win for us both!

Speaker Information

You agree to provide Thrive Creative, LLC (“we” “us” “our”) with Basic Speaker Information to use in our marketing materials for The Event. 

The information you submit to us, including your name, bio, photos, and website address will be used for marketing activities including, but not limited to publications, promotions or showcase of programs on our website or social media, and similar purposes. 

We will make edits for clarity and length, as needed and in our sole discretion. You may request changes to your final bio after it is posted up to four weeks prior to the start of The Event. The right to request changes to your final bio does not extend to changes of style, voice or format as we need to ensure consistency with our branding. 

Presentation

You agree to provide us with a pre-recorded video presentation in MP4 format between 30 and 45 minutes long. It should provide valuable information related to the topic we have identified. 

Your presentation is due by February 23, 2021. We reserve the right to cancel this agreement and remove you from the speaker lineup if we do not receive your presentation by the deadline. 

Again… that being said… we really, really don’t want to do that. We invited you to speak at The Event because we know our audience will get massive value from your presentation, and we also know how much your business will benefit from participating. So if something comes up and you need more time to get us your presentation, please let us know as soon as possible and we will work with you to come up with a creative solution that’s a win-win for us both!

Copyright

By submission of your presentation, you represent that it is your original content and that it does not infringe on the intellectual property rights of third parties. You also represent that you have purchased the proper licenses for any materials contained within your presentation (ie. stock photos, music).

Notwithstanding the usage rights granted herein, you retain ownership and full interest and title in your presentation and related materials. 

Usage Rights

While you retain the right to use your presentation and related materials however you’d like, we reserve the right to make edits and to distribute the presentation and any related materials that you provide to us in free or paid products in the future (“Usage Rights”). You will always be credited for your presentation and a link to your website will be provided. You are not entitled to compensation from the sale of access or products related to The Event except as expressly outlined the Affiliate section of this agreement.

Promotion

By agreeing to be a Speaker, you also agree to promote The Event at least 3 time(s) on your most used social media platform during the promotional period of  March 2 – 26, 2021.

And of course, we’d love for you to promote as much as possible before and during the event because that’s how we all get the most visibility!!

If you are unable to meet these promotional commitments, please let us know before agreeing to speak at The Event. If our promotional period isn’t at a good time for you, we will be having more events in the future and we’d love to have you when it works best for your promotional calendar.

Speaker Discount

Once you’ve officially become a Speaker by submitting your Basic Speaker Information and submitting your Presentation, you are entitled to the Blogger Bundle for free. 

If you additionally choose to contribute a product to the Blogger Bundle, you are entitled to the Blogger Bundle for free.

Affiliate Commissions

As a Speaker, being an affiliate is encouraged, but not required. 

You must sign up and agree to the Terms + Conditions of the affiliate program to be considered an Affiliate.

As a Speaker + Affiliate, you will receive 30% affiliate commissions for any purchases you refer using your unique affiliate tracking link.

Affiliate payouts will be made by 60 days after The Event on the first day of the month to accommodate the Refund Period. 

If you live in the United States and earn more than $600 in affiliate commissions, we will contact you to fill out IRS Form W9 and require that to be completed before paying out your affiliate commissions. 

Cancellation + Changes

If you are unable to fulfill your commitment to become a Speaker at The Event, please notify us at info@thrivecreativeevents.com as soon as possible before your Presentation is due. We reserve the right to cancel your invitation to become a Speaker if we do not receive the required information from you by the deadlines in this agreement.

We reserve the right to cancel The Event at any time for any reason. If we choose to cancel The Event, we will notify you as soon as possible in writing, terminate this agreement in its entirety and release you from any and all obligations as a Speaker.

We reserve the right to change the format, details and dates of The Event at any time for any reason. If we choose to make changes to The Event, we will notify you as soon as possible in writing, and you may choose to continue to be a Speaker or you may choose to terminate this agreement in its entirety and we will release you from any and all obligations as a Speaker.

Liabilities

You agree to hold Thrive Creative, LLC harmless from all claims, losses, expenses, and liabilities of every kind arising out of breach of any part of this agreement and any notices of infringement concerning your presentation or materials included in the presentation. You release Thrive Creative, LLC from any and all claims arising out of the use of the material provided by you, your company or your  contractors.

Confidentiality

All terms of this Agreement are confidential and shall not be publicly disclosed. It may be shared with advisors such as your business advisor, attorney or accountant for review.

Force Majeure

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; and (g) national or regional emergency; and (h) strikes, labor stoppages or slowdowns, or other industrial disturbances. The party suffering a Force Majeure Event shall give notice within 7 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.

Notices

ll notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this Section). All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt by the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.

No Assignment

Neither party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void

No Waiver

No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Successors and Assigns

This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

Entire Agreement

This Agreement constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

Attorney’s Fees

In the event that any party institutes any legal suit, action, or proceeding, including arbitration, against the other party to enforce the covenants contained in this Agreement (or obtain any other remedy in respect of any breach of this Agreement), the prevailing party in the suit, action, or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs.

Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in Dakota County, Minnesota under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator’s award in any such proceeding shall be final and binding, and a judgment upon such award may be enforced by any court of competent jurisdiction sitting in Dakota County, Minnesota. Each of the parties in any suit, action or proceeding arising out of or relating to this Agreement, irrevocably (i) submits to the jurisdiction of any Court sitting in Dakota County, Minnesota over suit, action or proceeding arising out of or relating to this Agreement, (ii) waives to the fullest extent enforceable under applicable law any objection which it may now or hereafter have to the above venue of any such suit, action or proceeding and any claim that any such suit, action or proceeding brought in such Court has been brought in an inconvenient forum, (iii) waives to the fullest extent enforceable under applicable law any objection which it may now or hereafter have to the above mentioned Court having jurisdiction of the parties hereto and to the subject matter of this Agreement, and (iv) acknowledges that a final judgment in any such suit, action or proceeding brought in such Court, after all appropriate appeals, shall be conclusive and binding upon it. The prevailing party shall be entitled to reasonable attorney’s fees and costs.

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