Events Terms of Service

Welcome, and thanks for using Allyenergy.com. When you use our products and services, you’re agreeing to our terms, so please take a few minutes to read over the Events Terms of Service below. Note: You are entering into a legally binding agreement.

1.0 Overview

This Agreement is made and entered into by and between ALLY ENERGY Inc (hereinafter referred to as “Company”) and the “Sponsor” noted on the Exhibit A / Proposal.

WHEREAS, Company wishes to obtain assistance with sponsorship coordinated by Company; AND, WHEREAS, Sponsor wishes to obtain certain advertising and promotional rights in connection with the Named Event on Exhibit A / Proposal.

NOW, THEREFORE, in consideration of the premises and the mutual agreements contained herein and the mutual benefits to be derived from this Agreement, the parties hereby agree as follows:

1.0: Term of Agreement

This agreement shall commence on the date it is fully executed and shall continue in full force and effect through the date on Exhibit A / Proposal. unless this Agreement is terminated earlier pursuant to the provisions hereof.

2.0 Rights to Sponsor’s Logo, Trademarks, and Tradenames

The use by the Company of the Sponsor’s logo, trademarks, and tradename under the terms and conditions of this Agreement shall inure solely and exclusively to Sponsor, and the Company shall acquire no goodwill or other interest in them. Sponsor hereby grants to the Company the restricted license to use the Sponsor’s name for purposes of identification and the promotion of specified events and activities of the Company. Sponsor also hereby grants to the Company the restricted license to use the Sponsor’s logo associated with the name of the Sponsor to carry out the Company’s obligations under this Agreement. The term “restricted license” hereby requires Company to obtain prior written approval by the Sponsor on any and all items for which the Sponsor’s logo, trademark, and tradename will be used. This includes, but is not limited to, banners, promotional items, advertisements, and the like

3.0 Sponsorship Fee

The fee payable by Sponsor to the Company shall be per the service order attached which shall be due on upon execution of this Agreement and receipt of the invoice. Payment not received by the due date will be in default of this Agreement.

4.0 Sponsorship

Company warrants that he has the right to grant, and hereby grants, to Sponsor the following rights (during the term of this Agreement) as set forth in Exhibit A / Proposal.

5.0 Termination

The following shall constitute a breach and material default of this Agreement: 1) The failure by Sponsor to cure payment default under this Agreement; and/or 2) Either party’s failure to comply with a material term or condition of, or to satisfy a material obligation it has assumed under this Agreement.

In the event either party to this Agreement fails to perform any obligation hereunder, or violates any provision of this Agreement, the other party may give notice to such party of such failure and demand the performance of such party’s obligations hereunder or compliance with the terms and conditions hereof within a reasonable period after the date of such notice, which period shall not exceed seven (7) days. In the event the party receiving notice of such failure or violation does not correct, remedy, or cease such failure or violation within the time specified in such notice, the other party may terminate this Agreement, whereupon all obligations of the parties hereto that had not been incurred as of the effective termination date shall terminate.

In the event that the Sponsor’s rights under this Agreement are terminated by the Company or pursuant to this section, the Fee payable pursuant to Section 3 hereof shall be the balance remaining after any promotional expenses purchased on behalf of the sponsor, and the amount of the Fee that is attributable to the period of time after the effective date of such termination shall be refunded to Sponsor or its successor or assignee, as appropriate.

In the event that Company’s rights under this Agreement are terminated by the Sponsor without cause; i.e. without breach and material default of this Agreement, the Company, without any further proceedings, may immediately grant and license the sponsorship rights to one or more other persons or entities during any portion of the term remaining under this Agreement had it not been terminated, and receive license fees therefore. Such termination and payments shall not relieve Sponsor from liability to the Company for any damages caused by Sponsor’s default and breach and expenses incurred in the re-licensing of the sponsorship rights with respect to the sponsorship. In the event that Company’s rights under this Agreement are terminated pursuant to this section, the Company shall make a good faith effort to obtain the fair market value for the sponsorship rights that are licensed to any third party or parties during that portion of the term of this Agreement. If the Company fails to negotiate a fair market value upon resale of the sponsorship rights, Sponsor’s liability under this subsection shall be limited to an amount equal to the difference between the additional fees to be paid hereunder and the current fair market value of such sponsorship rights.

6.0 Force Majeure; Substantial Damage.

In the event that either party to this Agreement is unable to perform its obligations hereunder or to enjoy any of its benefits because of substantial damage or destruction to the venue or organization due to any cause, a natural disaster, or action or decree of governmental body with appropriate jurisdiction (hereinafter referred to as a “Force Majeure Event”), the party that has been so affected shall immediately give notice to the other party of such fact and shall do everything possible to resume its performance. If the party is unable to perform, the party that received such notice may terminate this Agreement by giving notice thereof to the party unable to perform because of such Force Majeure Event.

7.0  Indemnification

Each party hereto shall indemnify and hold the others (hereinafter the “indemnified parties”) harmless from any and all losses, claims, actions, damages, and expenses arising out of or resulting from every act or omission of the indemnifying party or any of its officers or employees under this Agreement . In the event that any suit based upon any such loss, claim, action, damage, or expense is brought against the indemnified parties, the indemnifying party, upon notice of the commencement thereof, shall defend the same at its sole cost and expense; and if the final judgment is adverse to the indemnified parties or the indemnified parties and the indemnifying party, jointly the indemnifying party shall promptly satisfy the same.

8.0 Assignments 

No assignment of the rights associated with the sponsorship herewith and otherwise granted herein shall be effective without the prior written approval of the Company, as appropriate, whose approval shall not be unreasonable withheld; provided, that a party’s approval or disapproval of an assignment shall be based solely on the financial and operational capacity of the proposed assignee to performed the obligations it would assume were approval granted for such assignment.

9.0 Notices

Any notice or communication to be given by one party to the other under this Agreement must be in writing; and if given by registered or certified mail, such notice or communication shall be deemed to have been given and received when a registered or certified letter containing such notice or communication, properly addressed, with postage prepaid, is deposited in the United States mail, but if given otherwise than by registered or certified mail, it shall be deemed to have been given when received by the party to whom it is addressed. Such notices or communications shall be delivered or sent to the addresses each party specifies in writing upon execution of this Agreement.

10. Amendments

No addition to, deletion from, or other modification of any of the provisions hereof shall be valid unless made in writing and signed by an authorized representative of each of the parties hereto.

11. Applicable Law; Venue

This Agreement shall be constructed under the laws of the State of Texas.

12. Captions

The titles of the articles, section, and subsections of this Agreement are for convenience only, and do not define or limit the contents.

13. Waivers

No waiver of full performance by either party shall be constructed, or operate, as a waiver of any subsequent default of any of the term, covenants and conditions of this Agreement. The payment or acceptance of fees or changes for any period after default shall not be deemed a waiver of any right or acceptance of defective performance.

14. Entire Agreement

The parties to this Agreement acknowledge that it is a negotiated agreement, and that it constitutes the entire agreement between the parties hereto respecting the subject matter hereof, and there are no understandings or agreements between them respecting the subject matter hereof, written or oral, other than as set forth herein.

How To Contact Us

If you want to send us notices or service of process, please contact us ONLINE at: support@allyenergy.com or through our website at https://allyenergy.com.  You may contact us via mail at Ally Energy Inc, 2101 Citywest Drive Houson, Texas USA 77042.  You may contact us via phone at +1 281 741-5482.