ASCE Event and Media Sales Terms and Conditions
I. General Terms & Conditions
Customers may choose from the following options for billing:
- Charge to credit card on file as per the Payment Schedule below
- Charge to credit card on file for the full amount upon receipt of signed agreement.
- Invoice as per Payment Schedule below. Credit card will be charged if payment is not received within 30 days of the invoice date.
- Invoice for the full amount upon receipt of signed agreement.
ASCE’s standard payment schedule is as follows:
- Event Sponsorships and Exhibits: 50% payment upon receipt of agreement, with full balance due pre-event
- Media/Advertising: Payment due monthly upon completion of the advertising placement and/or campaign
Credit Card Information
A credit card number is still required for Customers requesting to be invoiced. The credit card will only be charged if payment is NOT received within 30 days of the invoice date.
All invoices are due net thirty (30) days after invoicing. Should any portion of an invoice be disputed, Customer agrees to pay the undisputed portion within thirty (30) days of invoicing, with the remainder due immediately upon resolution of the dispute.
In addition to all other remedies, ASCE may suspend its performance if any payment is past due. Suspension will not relieve Customer of its obligation to pay in full. In instances of nonpayment, customers that advertise, exhibit, sponsor, or otherwise support ASCE programs may be precluded from these other activities until outstanding balances are rectified. ASCE will not accept advertising, exhibit, or sponsorship orders from any customer with an account that is 60 days past due. ASCE reserves the right to hold customer and/or its agency jointly and severally liable for any unpaid monies over 60 days past due.
Credit Authorization/Direct Billing
ASCE reserves the right to require any customer to submit a credit application and/or to make prepayment in full. ASCE All first time customers will be required to complete a credit card authorization form and may be required to prepay. Contact Abigail Klein at [email protected] or (703)295-6146 to request a credit card authorization form.
In the event of any conflict between these Terms and Conditions and any insertion order or agreement for event or media sales, the language of these Terms and Conditions will control unless expressly stated in the insertion order and signed by both parties.
Changes to Terms and Conditions
ASCE reserves the right to modify these Terms and Conditions at any time, without notice.
II. Advertising Sales Terms and Conditions
Review of Materials
All insertion orders and/or agreements are subject to acceptance by ASCE and upon such acceptance, without further notice to the customer, the insertion order and/or agreement become valid. ASCE reserves the right to reject any materials for any reason in its sole direction.
All advertisements are accepted and published by ASCE on the warranty of the representing Agency and/or customer that are authorized to publish the entire contents and subject matter of the advertisement, and to bind the Advertiser to the terms of this placement.
Ad Materials Responsibility
All ad material shall be submitted in accordance with the Production Calendar as set forth in the current media kit. If Advertising Materials are late based on the calendar, ASCE is not required to guarantee full delivery of the insertion order. ASCE reserves the right to adjust the size of ads that do not conform to required dimensions, exclude advertisements from certain pages, and control position of all ads. All advertising contract position clauses are treated as equal requests. ASCE cannot guarantee fixed positioning. In the event the customer fails to supply ad materials by the ad materials due date, ASCE reserves the right to repeat a previous advertisement. Advertisers who reserve space and fail to supply ad material are still liable for all costs regardless of what material is substituted in its place.
Cancellation by Advertiser
Advertiser may cancel the entire insertion order, or any portion thereof, without cause with written notice to the ASCE given on or prior to the specific ad reservations deadline date as outlined in the current media kit. If cancellation notice is received after the ad reservation deadline date, the customer is responsible for the entire amount of the insertion order. In the event of Advertiser cancellation of any portion of any insertion order not in compliance with the terms hereof or failure to have published the specified number of advertisements, or if at any time in its reasonable judgment determines that Advertiser is not likely to publish the total amount of advertising specified in the applicable insertion order, any applied rate discount will be retroactively nullified and result in a short-rate. A short-rate is the difference between the rate charged on the contracted frequency and the higher rate based on the reduced frequency of advertisements actually published. In such event, Advertiser and/or Agency must pay ASCE the short-rate within 30 days of invoice and Advertiser will thereafter pay for advertising based on the standard advertising rates of ASCE as set forth in the then current rate card. Cancellation of an insertion order automatically forfeits the right to premium position protection.
Advertising Copy Acceptance
All advertisements must clearly and prominently identify the customer by trademark or signature. Advertisements that simulate editorial content must be clearly defined and labeled “ADVERTISEMENT” or “SPONSORED” and ASCE may, in its discretion, so label such copy. For sponsored content guidelines, please contact your sales representative. Any references to agency are subject to ASCE’s written approval for such use.
Advertising Errors and Omissions
ASCE will not be liable for any failure to publish any advertisement accepted by ASCE; however, ASCE shall use its reasonable efforts to place such advertisement in subsequent available space. In no event shall ASCE be liable for incidental or consequential damages incurred by customer in the event of any error or omission by ASCE. ASCE’s liability for any error will not exceed the charge for the advertisement in question. Any changes to advertising campaigns must be communicated in writing with ASCE at least 30 days in advance of the desired change.
Any use of ASCE trademarks or copyrighted material for links to and from the ASCE’s website must be approved in advance by ASCE. Any unauthorized linking is prohibited. ASCE does not endorse or support any product or organization linked to its website, nor is ASCE responsible for the content of any website promoted in an ad published in ASCE print publications.
Indemnification by Advertiser
Advertiser assumes sole liability for all content (including text, representations, photographs, and illustrations) of advertisements, and also assumes responsibility for any claims arising therefrom made against ASCE. In consideration of publication of an advertisement, the Advertiser and Advertiser’s agency, jointly and severally, agree to indemnify and hold harmless ASCE, its officers, agents, and employees against expenses (including legal fees) and losses resulting from the publication of the contents of the advertisement, including, without limitation, claims or suits for libel, violation of privacy, copyright infringement, or plagiarism.
Cancellation by ASCE
If for any reason ASCE fails to produce an advertisement covered by an agreement, ASCE’s sole liability shall be a complete refund of monies paid by the customer for that impacted issue. No discount or refund of Advertiser’s monies shall be paid for delays beyond ASCE’s control, including delays caused by production or printing. Performance by ASCE shall be contingent upon availability of materials and labor, and no interruption by acts of God/nature, riots, warfare, government laws or regulations, vendor delays and/or conditions beyond ASCE’s control. In no event shall ASCE be liable for incidental or consequential damages incurred by customer for failure to print/circulate or the delay in printing/circulating an issue.
Positioning of Advertisements
Positioning of advertisements is at ASCE’s discretion except where a request for a specified preferred position is acknowledged by ASCE.
15% of gross billing allowed to recognized advertising agencies. Commission is not allowed on such charges as artwork, reprints, backup of inserts, production and bindery charges, and special handling charges. Commission is subject to forfeiture on invoices not paid within 90 days from invoice date. All accounts not paid in full within 30 days of invoice date may incur a charge of 1-1/2% per month until paid in full. The entity for which any advertising is placed shall be held liable for payment in full for all advertising placed on its behalf whether or not the entity remitted funds to its agent.
III. EXHIBITOR TERMS AND CONDITIONS
Contract for Space
The application for space assignment by the American Society of Civil Engineers (ASCE), becomes a contract when signed by the exhibiting company and accepted by ASCE.
Cancellation by ASCE
ASCE may cancel the exposition for any reason, with or without cause, at least thirty (30) days prior to the opening date, and ASCE’s sole liability to Exhibitor shall be a full refund of the amount paid for rental space. If for any reason beyond ASCE’s control the exposition is canceled within thirty (30) days prior to the opening date of such exposition, ASCE’s sole responsibility will be to permit Exhibitor to reallocate 100% of the money paid for rental to another event.
Cancellation by Exhibitor
Cancellations by exhibitor are subject to the terms outlined in the event-specific exhibitor information, located on the conference website.
Additional Billing Information for Exhibitors
Any reserved booth not paid in full by the conference exhibitor payment deadline will be released for resale. Contracts submitted after the deadline date must be accompanied by payment in full. Setup is prohibited until booth space is paid in full.
Rejection of Application
ASCE reserves the right to cancel or refuse rental of display space to any person or company whose participation would be in the opinion of ASCE, incompatible with the general character and objectives of the exposition.
The exhibitor shall not reassign, sublease or share assigned exhibit space with any person, firm, or other entity and agrees not to exhibit, advertise, or offer for sale goods other than those manufactured or sold by him in the regular course of business, without notification to and approval of ASCE.
ASCE reserves the right to relocate an Exhibitor’s booth space due to modifications of the exhibit facility, fire marshal restrictions, or any other reason in the best interest of the overall exposition.
Exhibitor Conduct and Compliance
The Exhibitor or its representative or employees shall not engage in any display, publication, performance, or other activity which is in conflict with any federal, state, or local law, regulation, rule, or ordinance.
Booth and wiring must conform with all applicable government requirements and all the policies and procedures of the event facility. ASCE reserves the right to cancel any exhibit that violates any of these requirements. The cost of repairing any damage by the Exhibitor, its employees, representatives, or agents will be billed to and paid by the Exhibitor.
ASCE reserves the right to restrict or evict exhibits, which because of noise, method of operation, materials, or which detract from the general character of the exhibit hall, or any other reason, become objectionable.
Any exhibitor whose booth is canceled for violation of this section or any terms established by ASCE or the event facility shall forfeit the amount paid for space, regardless of whether the exhibit space is subsequently leased.
Circulars and Solicitation
Distribution of circulars or promotion material may be made only within the booth assigned to the Exhibitor presenting such material. Promotional material may not be distributed or left for attendees to pick up in the aisles, registration area, or anywhere else in the convention facility. Nonexhibiting companies/organization will not be permitted to solicit business within the exhibit area or anywhere in the convention center.
Giveaways, Drawings, Distribution of Gifts, and Food Sampling
All drawings or contests must be completed and all prizes presented to winners prior to closing of the exposition. It is the responsibility of the Exhibitor to notify any winners. No sample food or beverage products may be distributed without prior authorization from ASCE. Contests and drawings are permitted, but the Exhibitor must notify ASCE. The Exhibitor assumes the sole responsible for all aspects of the contest or drawing, including compliance with applicable laws.
The Exhibitor agrees to pay all royalties, license fees or other charges for any music, either live or recorded, or other entertainment of any kind or nature, played, staged, or produced by the Exhibitor, its agents or employees within the premises by this License Agreement including but not limited to royalties or licensing fees due to BMI, ASCAP, or SESAC. The Exhibitor agrees to hold ASCE harmless against any and all such claims or charges.
Loss, Damage and Injury
ASCE will not be responsible for any injury, loss, or damage that may occur to an Exhibitor’s employee or property from any cause whatsoever. ASCE will not be liable for any injury, loss, or damage which may be sustained by any person who may be on the premises leased to an Exhibitor, or watching, observing, or participating in any demonstration or exhibit of Exhibitors.
Indemnification by Exhibitor
Exhibitor agrees to defend, indemnify and hold harmless ASCE and its affiliates, members, officers, directors, agents, employees, and representatives from damages or charges resulting from Exhibitor’s use of the property. Exhibitor’s liability shall include all losses, costs, damages, or expenses arising from, out of, or by reason of any accident or bodily injury or other occurrences to any person or persons, including the Exhibitor, its agents, employees, and business invitees which arise from or out of the Exhibitor’s occupancy and use of the exhibition premises or any part thereof. ASCE is not responsible for the security of Exhibitor’s products, proprietary information or materials. Under no circumstances shall ASCE or its affiliates, members, officers, directors, agents, employees or representatives be liable for lost profits, or other indirect, incidental, consequential or exemplary damages in connection with the exhibition.
The Exhibitor agrees to obtain the following insurance coverage during the dates of the Exposition, including move-in, move-out days, and be prepared to furnish a certificate of insurance to ASCE if requested; (a) comprehensive general liability insurance, including protective and contractual liability coverage of $1,000,000/$2,000,000 for bodily injury and $50,000 property damage (b) employers liability insurance with minimum limits of $100,000 per accident; (c) workers compensation/occupational disease coverage in full compliance with federal and state laws; (d) owned, non-owned, and hired vehicles, including loading/unloading hazards with bodily injury limits of $250,000/$500,000 and property damage limits of $100,000.
Exhibitors are authorized and agree to make a one-time use of the attendee list provided at the end of the exhibition solely for the purposes of follow-up. Neither the list nor any excerpts thereof may be duplicated, reproduced, reused, or transferred without prior written permission from ASCE. Lists are seeded with decoy names to detect unauthorized use.
Interpretation and Amendment
ASCE shall have full power to interpret or amend these rules without notice. The Exhibitor agrees to abide by any rules or regulations that may hereafter be adopted by ASCE, which shall be as much a part hereof as though fully incorporated herein.
IV. SPONSORSHIP TERMS AND CONDITIONS
Acceptance of an ASCE sponsorship does not imply any endorsement by or affiliation with ASCE of the sponsor or their product/service. ASCE reserves the right to reject any sponsorship application for any reason at its sole discretion.
Sponsor assumes sole responsibility for the content of Sponsored Webinar. Sponsor warrants that nothing in the Sponsored Webinar violates any rights of others, including without limitation any intellectual property, proprietary or privacy rights. Sponsor represents that the webinar is factually accurate, and contains nothing defamatory or otherwise unlawful. Sponsor grants to ASCE a nonexclusive, irrevocable, transferable, worldwide license to use, publish, distribute, and otherwise use in any media the video/audio recording, transcript, and/or handouts and related materials of the Sponsored Webinar. This license does not prohibit Sponsor from using the presentation or other content for Sponsor's own purposes. At its discretion, ASCE may make the audiovisual recording of the Sponsored Webinar available to Sponsor for distribution, provided that Sponsor ensures that the posted webinar includes ASCE's standard disclaimer language.
ASCE requires a minimum of 8 weeks’ notice for cancellation of a Sponsored Webinar. ASCE reserves the right to cancel a Sponsored Webinar for any reason, at its sole discretion.