Partner and exhibitor terms and conditions

1.         The partner agrees to provide to the Clean Energy Council:

a.     a copy of its logo and branding which is to be included on the event website and event app
b.     a short organisation profile (80 words) for event website and event app

2.         In the event of a dispute arising that the parties themselves cannot resolve, the parties agree to refer the matter to mediation. If the parties cannot promptly agree on a mediator, then a mediator will be selected by the Institute of Arbitrators and Mediators Australia. The Institute of Arbitrators and Mediators Australia “Rules for Mediation of Commercial Disputes” will apply to the mediation.  If the dispute cannot be resolved at mediation, the parties agree to refer the matter to an independent arbitrator appointed by mutual agreement. If the parties cannot agree on an arbitrator, then an arbitrator will be selected by the Institute of Arbitrators and Mediators Australia. The decision of the arbitrator will be final and binding on the parties.

3.         This Agreement may be terminated in the following matter:

a.     If the breach is one that can be rectified, then the non-breaching party can request in writing that the breach be rectified in 14 days. If the breach is not rectified within that time, the non-breaching party may terminate the Agreement immediately.
b.     If the breach is one that cannot be rectified, the non-breaching party may terminate the Agreement by giving 14 days written notice of their intention to terminate.
c.     If either party goes into liquidation, is wound up, dissolved (except for the purpose of reconstruction or amalgamation), in receivership, the other party may terminate the Agreement by giving 14 days written notice of their intention to terminate under the clause.
d.     In the event of a termination under this Agreement, each party’s rights and liabilities will cease immediately but the termination shall not affect a party’s rights arising out of a breach of this agreement by the other party.

4.         Cancellation Policy:

a.     Notwithstanding anything else in this Agreement, if the Clean Energy Council cancels the Event, the partner is entitled to terminate this agreement and receive a full refund of any payment made by the partner under this Agreement or, if it is mutually agreeable between the parties, the partner shall be granted equivalent partnership rights on the same terms for another event run by the Clean Energy Council.
b.     If the partner wishes to cancel its agreement with the Event, such cancellations must be received in writing to partnerships@cleanenergycouncil.org.au and a partial refund will only be provided by Clean Energy Council as set out in the table below.

 c.     If the Sponsor does not take advantage of all or any of the Benefits and Inclusions specified under Partnerships Entitlements, it will not be entitled to a refund of, or to withhold payment of, any of the moneys payable by the partner under this Agreement. 

5.     Force Majeure:

In the event the opening, closing or duration of the event is cancelled or amended whether by our decision or that of the venue, and for any reason, including but not limited to fire, flood, labour disputes, natural disasters, civil disorders, riots, insurrections, work stoppages, slowdowns or disputes or other similar events, we may cancel the event. If so, you will not be entitled to claim for any compensation, loss, or damage, however the Clean Energy Council will at its option provide you with a refund or reallocation of the Partnership Fee paid by you towards another event or other sponsorship opportunity provided by the Clean Energy Council.

6.         Each party shall indemnify the other against any claims arising from any breach of this Agreement by either party.

7.         The Clean Energy Council acknowledges that any Partner Background IP remains the property of the partner. The partner grants to the Clean Energy Council a non-exclusive, royalty free licence to use the Partner Background IP to the extent required under the terms of this Agreement.

8.         The Clean Energy Council acknowledges that it has no right, title or interest in any Partner Background IP and may not use or reproduce that Partner Background IP other than for the purposes set out in this Agreement.

9.         The terms and conditions of this agreement shall not be disclosed to any third parties without the prior written consent of both parties.

10.       The rights of either party under this Agreement shall not be transferable or assignable either in whole or in part.

11.       Definitions:

In this Agreement:

“Partner Background IP” means the Intellectual Property Rights of the partner which are in existence as at the date of the Agreement or come into existence after the date of the Agreement otherwise than in connection with the Agreement.

“Intellectual Property Rights” means all intellectual property rights whether protectable by statute, at common law or in equity, including all copyright and similar rights which may subsist or may hereafter subsist in works or any subject matter, rights in relation to inventions, patents, trade secrets and know-how, rights in relation to designs, plans, rights in relation to registered or unregistered trademarks, circuit layout designs, and rights in relation to circuit layouts, but excludes non-assignable moral rights.

“Repayment” means the act of returning money, goods, or services owed as per the terms stipulated in this Agreement.  Repayment includes the fulfillment of all financial obligations, including but not limited to principal amounts, accrued interest, fees and any other agreed-upon charges, within the specified timeframe and according to the terms and conditions outlined herein.  

“Breach” means the failure of either party to perform any material obligation under this Agreement constitutes as a breach.  Such breaches include, but are not limited to, failure to make payments as specified, failure to deliver goods/services within agreed-upon timeframes, or any other violation of the terms and conditions outlined herein.

“Claims” includes actions, proceedings, suits, causes of action, arbitrations, verdicts, and judgements either at law or in equity or arising under a statute, debts, dues, demands, claims of any nature, costs and expenses.