Vendor Application and Information

(Copy/paste into word document.  Fill out/sign documents then scan and email to ErrlCup@gmail.com)

Vendor Application and Information

The Errl Cup
VENDOR APPLICATION & AGREEMENT
January 9 2016

INSTRUCTIONS
please read the following instructions prior to completing the attached application

The Errl Cup, LLC (“The Errl Cup”) is proud to host the 1st Annual Errl Cup Festival on Saturday, January 9, 2016 to be held at the American Legion 2125 S Industrial Park, Tempe AZ (“Event”). A completed Vendor application and agreement (“Agreement”) must be submitted by any company/vendor that would like to participate in this event. Prior to completing the Agreement, please review the entire attached document for
a complete understanding of the rules and regulations associated with the Event. Each
Vendor will be required to sign this Agreement and submit the required fees by the
published deadline in order to participate in the Event.

TERMS AND PAYMENT INFORMATION

THE ERRL CUP IS A ARIZONA MEDICAL MARIJUANA ACT EVENT, ALL RULES, LAWS AND GUIDELINES IN ACCORDANCE TO THE AMMA WILL BE ENFORCED AT THE ERRL CUP. ANY PARTICIPATE, VENDOR, DISPENSARY, PATIENT, OR ANY AND ALL PEOPLE NOT COMPLYING WITH THE AMMA WILL BE REMOVED FROM THE EVENT.
FEES
Vendor must submit the entire fee with the signed Agreement (“Vendor Fee”). Please see attached Vendor Payment Schedule for details. Failure to submit the fee will cause a delay and/or possible rejection of the Vendor Agreement.

SUBMISSION DEADLINE & INFORMATION
In order for a Vendor to be considered for participation in The Errl Cup 2016 Event, all
fully completed Agreements must be received no later than 4pm on December 1st, 2015. Vendors may complete the Agreement electronically and submit it – with all attachments –via email. Please submit the completed application and agreement with attachments to errlcup@gmail.com Vendors may print out and mail the fully completed application and Vendor Fee and Agreement to the following address:
Errl Cup, LLC
P. O. Box 47553
Phoenix, AZ 85068
Please email us before mailing contract. errlcup@gmail.com or call 480-442-4384

TERMS AND CONDITIONS
THE ERRL CUP IS A ARIZONA MEDICAL MARIJUANA ACT EVENT, ALL RULES, LAWS AND GUIDELINES IN ACCORDANCE TO THE AMMA WILL BE ENFORCED AT THE ERRL CUP. ANY PARTICIPATE, VENDOR, DISPENSARY, PATIENT, OR ANY AND ALL PEOPLE NOT COMPLYING WITH THE AMMA WILL BE REMOVED FROM THE EVENT.

This vendor application and agreement (the “Agreement”) is entered into effective as of the date set forth on the signature page hereto (the “Effective Date”) by and between The Errl Cup, LLC (the “The Errl Cup”), and Vendor, as described herein. In consideration of the mutual covenants contained herein and for other good and valuable consideration the parties hereby agree as follows:
1.REPORTING CHARITABLE CONTRIBUTIONS/TAXES
The parties agree that all contributions they receive from or as a result of the Event
will be reported as contributions to the respective parties as required by law. Each
party agrees to notify the other of any change in its tax status. Each Party shall be
responsible for any applicable taxes associated with the transactions contemplated under the Agreement.
2. CONFIDENTIALITY
Each of the parties (each a “Receiving Party”) shall maintain the confidentiality of this agreement and all confidential information of the other party (the “Disclosing Party”) and shall not release, disclose or divulge any such confidential information without the prior written consent of the other party. The Receiving Party may only use and copy such confidential information as is necessary to carry out its activities contemplated by the Agreement (but subject to the provisions thereof) and for no other purpose. The Receiving Party may disclose confidential information to its employees, personnel, volunteers and representatives on a “need to know basis,” provided that it shall first instruct such employees, personnel, volunteers and representatives to maintain the confidentiality thereof. A Disclosing Party’s confidential information shall not include information that: (a) is or becomes part of the public domain through no act or omission of the Receiving Party; (b) was in the Receiving Party’s lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or indirectly from the Disclosing Party; (c) is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure; (d) is independently developed by the Receiving Party; or (e) is required by applicable law to be disclosed.
3. LIMITATION OF LIABILITY/INDEMNIFICATION
Except for the willful misuse of a party’s name or logos and to the extent personal
injury or property damage is the result of the gross negligence or willful misconduct of a
party or its agents, neither party shall have liability arising in any manner under or in
connection with this Agreement. ITIS UNDERSTOOD AND AGREED THAT, OTHER
THAN ITS INDEMNIFICATION OBLIGATIONS HEREUNDER, ERRL CUP’S LIABILITY
FOR BREACH OF CONTRACT, SHALL NOT EXCEED THE AMOUNT OF MONEY ACTUALLY RECEIVED BY THE ERRL CUP DURING THE TERM OF THE AGREEMENT. NOTWITHSTANDING ANY LIMITS OF LIABILITY, EACH PARTY WILL REMAIN LIABLE FOR THE AGGREGATE AMOUNT OF ANY

Exhibitor Initial: ___

PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY PURSUANT TO THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL THE ERRL CUP BE LIABLE TO THE VENDOR FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT MERALD UP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES), ARISING SOLELY FROM BREACH OF THE AGREEMENT OR ARISING FROM ANY OTHER PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, “DISCLAIMED DAMAGES”). Each Party agrees to defend, indemnify and hold the other and its officers, directors, agents, affiliates, attorneys, and employees harmless against any loss, damage, expense, or cost, including outside reasonable attorney’s fees (including allocated costs for (in-house legal services) (“Liabilities”) arising out of any claim, demand, proceeding, or lawsuit by a third party relating to a breach or alleged breach of a representation, covenant or warranty set forth in this Agreement, except where Liabilities result from the gross negligence or knowing and willful misconduct of the Party to be indemnified Claims. If a Party entitled to indemnification hereunder (the “Indemnified Party”) becomes aware of any matter it believes is indemnifiable hereunder involving any claim, action, suit, investigation, arbitration or other proceeding against the Indemnified Party by any third party (each an “Action”), the Indemnified Party will give the other Party (the “Indemnifying Party”) prompt written notice of such Action. Such notice will (i provide the as is on which indemnification is being asserted and (ii) be accompanied by copies of all relevant pleadings, demands, and other papers related to the Action and in possession of the Indemnified Party. The indemnifying Party shall control and will be obligated to defend the Action, at its own expense. Any compromise or settlement of an Action will require the prior written consent of both Parties hereunder, such consent not to be unreasonably withheld or delayed.
4. PUBLIC RELATIONS
Each party to this Agreement may issue various non-sparaging public relations statements to the media and other interested parties from time to time concerning the Event that is the subject of this Agreement, provided, however, that any such statement(s) by Vendor specifically referring to the Event and/or The Errl Cup shall be subject to prior written approval by the Errl Cup.
5. BINDING ON SUCCESSORS AND ASSIGNS
each and all of the provisions hereof shall be binding on and inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, and successors.
This Agreement may not be assigned or otherwise transferred by Vendor without the
prior written consent of The Errl Cup. The Errl Cup may assign this Agreement to another party without Vendor’s consent.
6. NOTICE
Any notice, approval, request, authorization, direction or other communication under this Agreement will be given in writing and will be deemed to have been delivered and given for all purposes (i) n he delivery date if delivered personally to the Party to whom the same is directed; (ii) one business day after deposit with a commercial overnight carrier, with written

Exhibitor Initial: ___
verification of receipt; or (iii) three (3) business days after the mailing date, if sent by U.S. mail, return receipt requested, postage and charges prepaid, or any other means of rapid mail delivery for which a receipt is available.
7. INDEPENDENT CONTRACTORS
The Parties to this Agreement are independent contractors. Neither party is an agent, representative or employee of the other party. Neither party will have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement will not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
8. DISPUTE RESOLUTION
(a) Any dispute arising out of or relating to this Agreement, including but not limited to
the interpretation hereof, that cannot be resolved by the parties within 30 days after
the commencement of discussions to reach settlement will be finally by binding arbitration.(b) Arbitrator’s Decision. The arbitrators will issue a written opinion stating their findings of fact and conclusions of law upon which the decision is based. The arbitrators’ decision will be final and binding. Judgment on the award may be entered in any court having jurisdiction. Each party will pay its own legal fees and expenses of arbitration. Judgment and such award may be entered in any court of competent jurisdiction, or application may be made to that court for a judicial acceptance of the award and an order of enforcement, as the Party seeking to enforce that award may elect any arbitration award for money damages shall be in United States Dollars. The arbitration award shall not include any indirect, incidental, special,
consequential, or punitive damages and the arbitrators shall be so instructed.
9. GENERAL
(a) Entire Agreement. This Agreement contains the entire agreement between the
parties with respect to the subject matter hereof and supersedes all prior negotiations,
representations and proposals, written or oral, relating to such subject matter. No
supplement, modification or waiver of this Agreement shall be binding unless executed in writing by both parties. (b) Governing Law. This Agreement shall be governed by the laws of the State of Arizona. (c) Termination. Errl Cup may terminate this Agreement by giving 15 days’ written notice to the Vendor. Once Vendor has been accepted as a vendor for the Event, Vendor shall have no right to terminate this Agreement and/or receive a refund of any monies transferred to the Errl Cup in connection with this Agreement and/or the Event. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date written below.

Exhibitor Initial: ___

X: _______________________          ________                                 X: _______________________    ________

Business:                                                      Date                                          The Errl Cup (EC)                           Date

Name: ___________________________                                            Name: __________________________

 

 

 

Exhibitors Application

 Business Name: ______________________Contact Name:______________________

Address: ___________________City, ______________State_________ Zip_________

Telephone: Day (___) __________ Evening: (___) ____________Cell: (___) ________

Email: ____________________ Web: __________________

( ) Vendor Basic $150.00 / ( ) Vendor Plus $200.00 / ( ) Vendor Sponsor $550.00 /

( ) Premium Location +$250.00

( ) Electric Light Load $20   ( ) Electric Heavy Load $40

( ) VIP $35. __ # of passes

Booth Number: V ______

Booth Name (for web site, and program guide) __________________________________

Booth Description: (for web site, and program guide) 35 characters or less.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

Please list all goods and /or services to be sold /presented in your booth. Please note: Any product and /or service not listed here but presented for sale in your booth is subject to being removed from the event. Please write clearly. Or attach separate page.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

Do you have a product you would like to do a demo or give samples for? __Yes ___No

Demonstration/Sample Exhibit Description:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

X: _______________________          ________

Business:                                                   Date

Name: ___________________________

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