This sponsorship agreement is between National Financial Educators Council, a(n) Nevada Benefits Corporation (the “Council”) and the “Sponsor” of the Brand Enhancement & Exposure Product Line.

The Sponsor wishes to receive brand enhancement or exposure benefits in exchange for certain rights to be granted in connection with the Financial Wellness Campaign.

GRANT OF RIGHTS

In exchange for the Sponsorship Fee, the Sponsor will receive the following rights in connection with the sponsorship. To receive these rights the Sponsor must provide information to the Council requests to create the sponsorship assets and deploy the campaign. Council provides benefits customized to Sponsors’ needs. View the proposal for your organization that outlines detailed benefits provided by the NFEC.

All benefits provided by the Council require input from the Sponsor. Delivery of required items is required to ensure the Council can deliver proposed benefits. State Board Membership is a 1-year term. You receive a seat on the Board and associate Board assets for 1 year.

PRODUCT LINE

Brand Building Package

Podcast Guest Placement & Support

Distinguished Personal Finance Content Recognition

 

SPONSORSHIP FEE

• In exchange for the Sponsorship Rights, the Sponsor shall pay the Council a fee for services provided. Some products require an annaul fee, refer to the sales page for details.

The sponsorship fee includes the creation of customized resources and is non-refundable at any stage.

SPONSORSHIP RENEWAL, TERM; TERMINATION

Sponsorship and sponsorship payments will continue in perpetuity until canceled by either party.  The Renewal Term shall be on the same terms and conditions as provided in this agreement.

(a)  Term. This agreement is effective as of the Effective Date and shall continue in force, unless otherwise terminated in accordance with the provisions listed.

(b)  Termination. This agreement may be terminated:

(i) By the Council with 90 days written notice to the Sponsor, with or without cause.  If the Sponsor violates the Compliance Guidelines, agreement can be terminated in writing by the Council with a 10-day notice.

(ii) By the Sponsor, with or without cause, on written notice to the Council after the 1-year anniversary of the sponsorship with a 90-day advance notice.  The minimum contract period is 1 year (365 days) and no cancellations, refunds, or stoppage can take place until after the 1 year anniversary.  After the year, the Sponsor can cancel at any time with a 90-day advance notice.   However, the Sponsor shall forfeit any payments of the Sponsorship Fee already made to the Council and shall pay any remaining balance of the Sponsorship Fee within 10 days of that termination.

COMPLIANCE GUIDELINES

The NFEC reserves the right to restrict, limit or remove sponsor from the Sponsorship if they do not follow adhere to our code of ethics:

1) Must remain in good standing with the governing body(s) that govern your financial service licenses.

2) Act in the best interest of participants and maintain the highest level of professionalism when serving.

3) If Sponsor uses the Councils provided materials, Sponsor must follow the license terms of the training, materials, and programs used. All materials are licenses and available to sponsors while in good standing with Sponsorship terms.

4) Act in a professional manner with all other persons involved in the campaign. This includes other state partners, NFEC personnel, state beneficiaries, and any and all relationships through this campaign. Professional manners defined includes broad definitions of professionalism. This includes professional business communications, appropriate dress for business events, being on time for consultations and events, providing the requested information in a timely manner, appropriate language, and treating all others involved with respect.

Certified Financial Education Instructor: https://www.financialeducatorscouncil.org/cfei-terms/

Financial Education Curriculum, Presentations, & Online Learning: https://www.financialeducatorscouncil.org/resource-terms/

COUNCIL RESPONSIBILITIES

The Council shall:

(a) deliver benefits listed in Grant of Rights section and Key Performance Indicator section of this agreement;

(b)  organize, produce, and supervise the community sponsorship in a workmanlike manner, in accordance with applicable laws, and with professional diligence and skill, using trained, skilled, competent, and experienced personnel;

(c)  provide adequate professional security for any events, promotions, or advocacy and take reasonable steps to ensure the safety of all workers, volunteers, and persons attending any events or gatherings;

(d)  use best efforts to obtain appropriate media coverage of the campaign; and

(e)  use best efforts to promote the campaign and maximize participation.

SPONSOR MEMBER RESPONSIBILITIES

Submit materials needed to create custom resources.

Each Party’s obligations under Confidential Information with respect to any portion of Confidential Information shall not apply to any information that (a) was in the public domain at or subsequent to the time it was communicated to a Party by the other Party or an authorized person of a Party through no fault of that Party; (b) was rightfully in a Party’s possession free of any obligation of confidence at or subsequent to the time it was communicated to either Party or an authorized person of either Party; (c) was developed by employees or agents of either Party independently of and without reference to any information communicated to either Party or an authorized person of the Company; or (d) is being disclosed by either Party in response to a valid order by a court or other governmental body, or otherwise as required by law.

TRADEMARKS

(a)  Sponsor Trademarks.

(i)  License. The Sponsor hereby grants the Council a nonexclusive limited license to use, display, and reproduce its logos, trademarks, service marks, and trade names (each, a “Sponsor Trademark”) only in connection with the promotion and advertisement of the Campaign and any listing of the sponsors during the Term and any Renewal Term.

(ii)  Ownership. All Sponsor Trademarks provided, leased, or licensed to the Council in connection with the Event are the Sponsor’s sole property, and the Council has no ownership or other intellectual property rights in those items.

(iii)  No Infringement. All of the Sponsor Trademarks are owned by the Sponsor or the Sponsor has permission from the rightful owner to use each of these elements.

(iv)  Delivery. The Sponsor shall deliver the Sponsor Trademarks to the Council within 10 days of the Effective Date.

(b)  Council Trademarks.

(i)  License. The Council hereby grants the Sponsor a nonexclusive limited license to use, display, and reproduce the logos, trademarks, service marks, and trade names, associated with the Campaign (each an ” Council Trademark”) only in connection with the promotion and advertisement of the Sponsor’s products and services during the Term and any Renewal Term.

(ii)  Ownership. All Council Trademarks provided, leased, or licensed to the Sponsor in connection with the Event are the Council’s sole property, and the Sponsor has no ownership or other intellectual property rights in those items.

(iii)  No Infringement. The Council represents to the Sponsor and unconditionally guarantees that all of the Council Trademarks are owned by the Council or that the Council has permission from the rightful owner to use each of these elements.

(iv)  Delivery. The Council shall deliver the Council Trademarks to the Sponsor within 45 days of the Effective Date.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Council, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Council reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Council in asserting any available defenses.

FORCE MAJEURE

(a)  General. A party will not be considered in breach of or in default because of, and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party’s reasonable control (each a “Force Majeure Event”). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable:

(i)  notify the other party of the Force Majeure Event and its impact on performance under this agreement; and

(ii)  use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement.

ARBITRATION, CLASS ACTION WAIVER

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both Sponsor and the Council agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

GOVERNING LAW; ATTORNEYS’ FEES.

(a)  Choice of Law. The laws of the state of Nevada govern this agreement (without giving effect to its conflicts of law principles).

(b)  Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in Clark, Nevada.

(c)  Attorneys’ Fees. If either party employs attorneys to enforce any rights arising out of or relating to this agreement, the losing party shall reimburse the prevailing party for its reasonable attorneys’ fees.

AMENDMENTS

No amendment to this agreement will be effective unless it is in writing and signed by a party or its authorized representative.

ASSIGNMENT AND DELEGATION

(a)  No Assignment. Neither party may assign any of its rights under this agreement, except with the prior written consent of the other party. All voluntary assignments of rights are limited by this subsection.

(b)  No Delegation. Neither party may delegate any performance under this agreement, except with the prior written consent of the other party.

(c)  Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is made in violation of this section, it is void.

COUNTERPARTS; ELECTRONIC SIGNATURES

(a)  Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.

(b)  Electronic Signatures. This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party’s signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

SEVERABILITY

If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.

NOTICES

(a)  Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.

(b)  Addresses. A party shall address notices under this section to a party at the following addresses:

(i) If to the Council: 400 S 4th St # 500, Las Vegas, Nevada 89101 [email protected]

(ii) If to the Sponsor: To the address and emails on file with the Council.

(c)  Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.

WAIVER

No waiver of a breach, failure of any condition, or any right or remedy contained in or

granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

ENTIRE AGREEMENT

This agreement constitutes the final agreement of the parties. It is the

complete and exclusive expression of the parties’ agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement’s effectiveness.

HEADINGS

The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement’s construction or interpretation.

EFFECTIVENESS

This agreement will become effective when all parties have signed it. The date

this agreement is signed by the last party to sign it (as indicated by the date associated with that party’s signature) will be deemed the date of this agreement.

NECESSARY ACTS; FURTHER ASSURANCES

Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.

PODCAST BOOKING TERMS

Before being booked on an NFEC podcast or any third-party personal finance podcast, you must meet the following requirements: have a professional-quality webcam, microphone, and a professional-looking background. You must also complete the podcast training and pass the assessment. Please note that the cost of the recommended webcam and microphone, totaling approximately $110, is not included in this investment. Clients are required to respond to booking requests within 48 hours, adhere to the podcast host’s instructions, and be thoroughly prepared for the show.