Updated 4/1/2024
DEFINITIONS
“Publisher”, “Event Organizer”, “Organizer”, “ADI” represent American Distilling Institute.
“Exhibitor”, “Client”, “Company”, “Advertiser”, “Advertising Package Holder”, “Exhibitor Representative”, “Authorized Signer” represents the company or person entering into this agreement.
“Agreement” means, collectively, the Exhibit Space Contract for any ADI event, in-person or virtual, Sponsorship Agreement, Ad Insertion Agreement or any ancillary agreements between American Distilling Institute and Company.
“Invoice” means any electronic or paper request for payment regardless of the title of the document. Invoices may be titled “statement” or “bill.”
AGREEMENT ACCEPTANCE, ELIGIBILITY AND PAYMENT
This agreement governs general advertising and exhibiting privileges with ADI on any and all platforms. The agreement becomes binding and effective after it has been manually signed or submitted electronically, and accepted by an American Distilling Institute (ADI) representative.
Company agrees to the payment schedule specified in the agreement. If no schedule has been pre-arranged, all invoices are due within 30 days of the invoice date. All Exhibit space Fees must be paid in full fifteen (15) business days prior to move-in date of each event.
Invoices are sent via email to the person designated by Company. It is the Company’s responsibility to inform ADI of any changes in billing contact by emailing sales@distilling.com.
ADI reserves the right to apply, at its discretion, any or all payments to past due invoices for ad insertions, sponsorships, booth space or any other product or services. Company’s payment obligations shall survive any termination of this Agreement.
TERMINATION OF AGREEMENT
Sponsorships, memberships and advertising packages: Memberships, sponsorships and advertising packages or contracts confer immediate benefits and are not cancellable regardless of the conference status. Benefits are specified in your contract. Cancellation of part of the contract at any time will incur prorated charges to list price (i.e. ADI will adjust invoice to reflect the appropriate advertising price from the rate card rather than the discounted sponsorship price).
Notwithstanding anything herein to the contrary, ADI may terminate this Agreement at any time, including during an Event, without a refund or reduction in fees and without limiting any other remedy ADI may have if (i) Company fails to make any payment required by this Agreement in a timely manner, (ii) upon other breach of the agreement, (iii) at ADI’s sole discretion, believes that the Company content, exhibit, behavior or representation is inappropriate for any reason, including, but not limited to (a) exhibiting or advertising products that may infringe on the proprietary rights of a third party, or if ADI is made aware that Company has been formally accused of infringement, or (b) if Company or its representatives violates ADI’s code of conduct, disrupts the Event or online platforms, including forums and social media, or interferes with well-being, reputation, company product/services of other companies, representatives of ADI, events attendees, exhibitor staff, speakers, vendors or third-parties, or (c) lack of compliance to any laws, taxes, ordinances and licenses, including Exhibitor Service Manual and guidelines, or (d) theft or misuse of confidential and proprietary information of ADI or other companies.
CODE OF CONDUCT
ADI is dedicated to providing an inclusive experience for our event participants, readers, members and forum readers, regardless of race, religion, gender, gender identity and expression, sexual orientation, ability, physical appearance, age or other marginalized affiliation. Company and its representative or guests are expected to behave with common courtesy and civility, conduct themselves in a businesslike, ethical and appropriate manner, and avoid engaging in or facilitating any discriminatory or harassing behavior. At its sole discretion, ADI reserves the right to terminate agreement, reject advertising or sponsored content, or eject company or personnel from any and all events or platforms, including future for such violation of our code of conduct.
PROMOTION, LOGO, IMAGES
Company grants to ADI the right to use, display and reproduce Company name, trade name and logo in any directory or signage (print, electronic or other media) listing members, advertisers, sponsors and exhibitors for use in ADI’s promotional materials. Company also grant the right to take photographs, videos or rendering of booth space, products, guest and personnel during, before or after any Event, and use those photographs or video footage for any promotional purpose.
Company agrees to get prior approval in writing from ADI for use of its logo, name or trade names in promotions.
CONTENT AND DATA OWNERSHIP
ADI, as Publisher and Event Organizer, owns all right, Title and interest to any and all content on the Publisher’s platforms, as well as data about users, members and attendees. Company may be granted limited use of certain data as sponsorship benefits outlined in contract, with prior Publisher approval of any communication. No data shall be loaned, given or sold to a Third Party or used outside of the terms agreed by ADI. Breach of trust will constitute immediate termination of the agreement and may be subject to further remedy as allowed by law.
HOLD HARMLESS
To the fullest extent allowed by applicable law, neither party will be liable for any indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, or data (even if advised of the possibility of such damages), personal injury, death, or loss or damage of property, resulting from the use or inability to use our platforms or events.
To the fullest extent allowed by applicable law, neither ADI, its employees, contractors or representatives will be liable to customer for any claims relating to a given order, for an aggregate amount exceeding the amounts paid by customer at the time of claim for the order in reference.
ADVERTISING AND SPONSORSHIP TERMS
Memberships confer immediate benefits and are not refundable. Complimentary memberships and membership conferred as a sponsorship or advertising benefit are non refundable.
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ADVERTISING AND SPONSORSHIP TERMS
Ad Submission Policy:
Company remains solely responsible for the contents of its ad(s) or postings, and for compliance with any laws regulating such advertising as represented by Company.
Upon request, ADI may assist Advertiser in preparing its Ads for publication. This assistance may include design, composition, text, and artwork and may require a set-up fee. Submission of an ad to ADI does not constitute a commitment by ADI to publish or distribute the ad.
Material Submission Deadlines:
Advertiser shall be responsible for timely providing to Publisher all Ad Material necessary for publication and distribution of the ad(s), including all necessary artwork and/or digital files, the timing and formats of which may be more specifically outlined in ADI’s media kit. If material is not submitted within such timeframe, or is submitted incorrectly, ADI reserves the right to repeat old material, or to submit invoice without advertising appearing.
Ad Rejection:
To ensure the integrity of our publications and for the benefit of our readers and advertisers, ADI reserves the right to revise, reclassify, edit or reject any Ad Material or any portion thereof at any time and for any reason, regardless of whether any such Ad Material was previously accepted by Publisher.
When, in the opinion of the Publisher, any Ad or insertion resembling editorial content, such content will be labeled with the word “Advertisement” or other such label as deemed appropriate by the Publisher. ADI shall notify Advertiser upon rejection of Ad Material and give Advertiser a 48hrs curation deadline (from rejection notice) or up to the ad submission deadline, whichever comes first.
Should an ad be rejected per guidelines above and Advertisers ignore the curation option, no refund will be applied for the space.
Published Errors in Ad Materials:
It is the Advertiser’s responsibility to check for errors in its Ads before and after publication or distribution. The publisher is not financially responsible for errors made by advertisers in Ads. Advertiser shall check the first appearance of Ads for correction, including if ADI provided design help. If an error in an ad is attributable solely to Publisher, Publisher’s liability for any error shall not exceed the cost of the Ad, provided that Publisher shall not be liable for any error if, at Publisher’s option, Publisher subsequently publishes a corrected Ad.
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ADI CONFERENCE TERMS
Cancellation of Event:
Subject to the termination provisions contained herein, if circumstances force us to cancel the Annual Conference & Expo in advance of the start of the Event start dates for any reasons, including force majeure, as defined below, ADI shall utilize net payment already made for the booth as credit for booth placement fee on a future show of Exhibitor’s choice within the following 2 years, regardless of subsequent booth price increase (i.e. amount paid in 2023 will be the amount quoted to the Exhibitor for the same booth size in a future conference in 2024 or 2025). ADI is not responsible for refunding other Company’s incurred expenses such as travel & lodging expenses, labor fees, utilities or booth furnishings, facility-specific arrangements and others. Please review decorator’s refund policy in your Exhibit Manual.
Booth space must comply with Title III of the Americans with Disabilities Act, Fire and all federal and local laws and venue guidelines. Animals other than service animals are not allowed on the show floor.
We reserve the right to cancel Exhibitor’s or any attendee’s ability to attend, should their presence put other attendees at potential health or security risk due to any of the above events, occurring in the US or at the attendee’s original location.
Force Majeure
Notwithstanding the foregoing, ADI, using its sole discretion, may cancel the Event in advance of the start of, or during, the Event for reason of Force Majeure, threatening the safety and security of the Event participants without an obligation to refund any payments made by the Exhibitor. Events that may force us to cancel the conference may include, but are not limited to, Acts of God events, such as inclement or dangerous weather or conditions, actual or threatened civil strife, riots, labor strikes, or war and terrorism acts, and Government regulations, advisories and guidelines, or quarantine restricting travel, including stay at home orders, epidemic or diseases, in the area of the conference or at Exhibitor or attendee’s departure.
Postponement and Relocation of Event:
Under all circumstances, ADI reserves the right to postpone, rename or relocate the Event or change the Event dates due to constriction, or damage at the Event location making it impossible or impracticable to host the meeting. If ADI changes the name of the Event, relocates the Event to another facility, or changes the Event dates to dates that are not more than 30 days earlier or 30 days later, no refund will be due to Exhibitor, and ADI shall assign to Exhibitor, in lieu of the original space, other space as ADI reasonably deems appropriate. Exhibitor agrees to accept such space under the terms of this Agreement.
In the event the facility forces ADI to alter Expo floor plan before the start of the Event, ADI will make best efforts to relocate all booths and Exhibitor agrees to accept such space under the terms of this Agreement.
Exhibitor Cancellation:
A specific location on the show floor is reserved on your behalf, based on representations made that you will be attending the expo. Cancellation of your reserved space creates disruption to the floor plan and is unfair to other exhibitors and attendees.
Cancellation deadlines 2024
For cancellations received in writing:
- on or before April 26, 2024, by 5pm EST, the full amount of payment will be refunded.
- From April 27 to June 26, 2024, by 5pm EST, 50% of the booth fee will be refunded or your full booth fee will be allocated to the following year’s conference, at Exhibitor’s discretion. The exhibitor is responsible for any difference in price increase. Amount furloughed will be forfeited if not used within a year.
- from June 27 to July 26, 2024, by 5pm EST, booth payments are not refundable but may be applied to the following year’s event, and a $300 administration fee will apply. The exhibitor is responsible for any difference in price increase and the amount will be forfeited if not used within a year.
- we will not accept cancellation after July 26, 2024, 5pm EST.
Cancellations requests are to be sent by 5pm EST by the last day outlined above to sales@distilling.com and are valid once acknowledged by ADI Staff. Advertising agreements, or the advertising part of sponsorships and advertising packages are not cancellable by reason of the conference postponement or cancellation requests. Payments for booths cannot be applied to advertising. Any cost incurred for changes after requested deadlines for artwork will be the responsibility of the advertiser.
No exhibitor shall share, sublet, or assign any portion of the exhibit booth or allotted space to any other person or company without prior written agreement by ADI. Exhibitor agrees to occupy and maintain their booth during designated show hours. It is the Exhibitor’s responsibility to ensure that their exhibit conforms to the show’s official rules, regulations, and guidelines as outlined in the exhibitor kit.
Exhibitor is to conduct business within their space and keep aisles and common spaces free of blocking or disturbances, including music or soliciting. No signage is permitted outside of the reserved booth space unless specifically requested in advance and allowed by ADI. No solicitation is allowed outside of the expo space or during meals and educational sessions.
On-site sponsorships
Additional on-site sponsorship offerings are available to current-year Exhibitors on a first come basis. Should an Exhibitor, who is also a sponsor, cancel their exhibit space, Exhibitor will remain liable for 100% of all fees paid or payable in respect of sponsorships and promotional products, regardless of when this Contract is executed or canceled by the Exhibitor. Any cost incurred for any changes after requested deadlines for artwork will be the responsibility of the sponsor.
Installation and Dismantling
Exhibitors must comply with the move-in and move-out times indicated provided by ADI or if applicable denoted in the Exhibitor Kit. If an Exhibitor fails to remove an exhibit in the allowed time or delivers exhibits or packages outside of the indicated deadlines, ADI shall be permitted (at Exhibitor’s sole expense) to remove and place same in a warehouse subject to the Exhibitor’s disposition, and/or to ship to Exhibitor via common carrier with all charges to follow at no liability to ADI. All exhibits must be in place prior to show opening and remain intact until the Exhibition is officially closed.
Conference Insurance
Excluding that caused by its negligence, ADI, their on-site vendors, the convention venue and/or hotel and their employees and representatives shall not be responsible for any loss, damage or injury to person or property suffered by the exhibitor, or the exhibitor’s employees, from any cause whatsoever arising out of participation the Event prior, during or after this agreement period. Exhibitor shall indemnify, defend and hold harmless ADI, its officers, directors, employees and agents against all losses, costs, damages, liability or expenses arising from any accident, property damage or other claims including Exhibitor or their employees and agents, or any business invitees or related to the Exhibitor before, during and after the expiration of this contract.
Exhibitor Liability insurance
We have now included compliant liability insurance, which meets all of our insurance requirements in your booth space reservation payment. You will no longer need to go through all the hassles and costs of submitting your own compliant insurance. The list of exhibitors will be provided to our insurance before the show and the insurance will reach out directly to the booth contact with details. This includes insurance for the setup and move out portion of the conference, however Exhibitor Liability Insurance does not waive the requirement for EAC’s (Exhibitor Appointed Contractors) contracted to build and take down your booth. EACs are required to provide proof of their own insurance as outlined in the Exhibitor Manual.
