NPP Sponsor Support Memorandum of Understanding (MOU) for [B/W/U]
BETWEEN:
For Base/Wing/Unit use : HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE (insert name of base/wing/unit commander) IN HIS NON-PUBLIC PROPERTY CAPACITY THROUGH THE (insert name of base/wing/unit) NON-PUBLIC FUND”, (NPF)
OR
For CFMWS use : HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE CHIEF OF THE DEFENCE STAFF IN HIS NON-PUBLIC PROPERTY CAPACITY THROUGH THE CANADIAN FORCES MORALE AND WELFARE SERVICES(“CFMWS”)
AND:
(Insert name of sponsoring company
and full address)
WHEREAS insert name of sponsoring company (also referred to in this MOU as “sponsor”)
is desirous of becoming:
A Sponsor of the (insert name of event, i.e., the “sponsor support property” – the specific NPP program, activity or service that is being sponsored), as defined in section 4.1 as the “event”.
INTRODUCTION
This MOU between (((insert name of base/wing/unit) NPP)) or (CFMWS)) and (insert name of sponsoring company) (jointly referred to as the “Participants”) sets out the arrangements between the Participants with respect to sponsor support status of this (these) event(s).
LEGAL DISCLAIMER
The Participants understand and concur that the benefits and responsibilities detailed in this MOU create neither a contractual relationship between the Participants nor any other relationship intended to be legally enforceable; including, without limiting the generality of the foregoing, a relationship of agency, partnership or joint venture.
OBJECTIVES AND SCOPE
As outlined in Para 4-5-6-7-8
DEFINITIONS
The “event” is defined as the Non-Public Fund (NPF) event, activity or program being sponsored. For purposes of this MOU, the “event” or is defined as:
Define the specific NPP event here including dates, description, and location
DND: refers to “Department of National Defence”.
CF: refers to “Canadian Forces”.
RESPONSIBILITIES OF THE SPONSOR:
As a Sponsor of (insert the name of the event), in return for recognition as outlined in Section 6, the sponsor will:
Provision of Logo: The sponsor will provide their Logo in necessary digital format, for use by (((insert name of base/wing/unit) NPP)) or (CFMWS)).
Corporate Positioning: Whenever the sponsor refers to (insert the name of the event), or to its status as a “sponsor” per phraseology granted in paragraph 7.1, the sponsor will mention the (((insert name of base/wing/unit) NPP)) or (CFMWS)) in an appropriate manner which conveys (((insert name of base/wing/unit) NPP)) or (CFMWS)) management and ownership of the event.
Approval Process for Promotional Material:
All materials and advertising produced by the sponsor which relate to (((insert name of base/wing/unit) NPP)) or (CFMWS)) or the event, must be sent to (((insert name of base/wing/unit) NPP)) or (CFMWS)) for approval in writing. It is understood that this approval process requires a forty-eight hour/two workday turnaround. This approval process applies to and is not limited to the sponsor’s name and/or logo being used in conjunction with:
The words, “PSP”, “NPP”, “(((insert name of base/wing/unit) NPP)) or (CFMWS))” or event known as, “ (insert name of event) ;
The logos of CFMWS, PSP or (insert name of b/w/u);
Any logos associated with the event;
photographs and video shots of (((insert name of base/wing/unit) NPP)) or (CFMWS)) employees
Further, it is understood that (((insert name of base/wing/unit) NPP)) or (CFMWS)) does not have the authority to grant approval on the use of any DND or CF imagery or association. However, should such a use be suggested by the sponsor and be deemed in good taste and appropriate by ((((insert name of base/wing/unit) NPP)) or (CFMWS)), (((insert name of base/wing/unit) NPP)) or (CFMWS)) will forward the proposed use through the appropriate DND channels for approval consideration. The time frame for such approvals is at the discretion of DND. These uses include:
The words “Department of National Defence”, “DND”, "Canadian Forces", "Canadian Armed Forces" or “CF”;
The name of any component, unit or other element of the Canadian Forces or any abbreviation thereof or any words or letters likely to be mistaken therefore;
Any picture or other representation of a member of the Canadian Forces;
Any uniform, mark, badge or insignia in use in the Canadian Forces, or
Any name, identifying logo, symbol, trademark, or derivative thereof, which would tend to identify groups or entities associated with the Canadian Forces.
Benefits Fee:
The sponsor will pay the (((insert name of base/wing/unit) NPP)) or (CFMWS)) per year for the Term of this MOU (Para 14) the following:
(Insert amount) per year
Annual payment will be received on or before (insert date or dates if multiple year). See clause 14.1 for “duration” of MOU.
Cheque submission:
Make cheque payable to: (insert name of fund)
Forward to:
(Insert name, title, and address of receiving person,
likely Authorized Agent)
(optional: this clause is recommended, not mandatory) Website Link to (((insert name of base/wing/unit) NPP)) or (CFMWS)):
The sponsor will prominently display a link button on its website to ((((insert name of base/wing/unit) NPP)) or (CFMWS)) website.
RESPONSIBILITIES OF (((insert name of base/wing/unit) NPP)) or (CFMWS)) NPP:
In return for the terms outlined in Section 5 of this MOU, (insert name of BASE/WING/UNIT) NPP will provide the following to the sponsor in association with the event:
Limited use of sponsor’s Logo or Name:
The use of the sponsor’s logo or name will be limited to its “sponsor” status of the event. (((insert name of base/wing/unit) NPP)) or (CFMWS)) may include an endorsement disclaimer as part of any promotional materials associated with this sponsor support property.
Approval of sponsor’s Logo Use:
All material produced by (((insert name of base/wing/unit) NPP)) or (CFMWS)) recognizing the sponsor, should any be produced, will be sent to the sponsor for name/logo approval, which will not be unduly withheld. Any subsequent and necessary revisions will also be forwarded to the sponsor for approval in advance of final production. It is understood that the approval process requires a forty-eight-hour/two workday turnaround.
Sponsor Support Deliverables (benefits) associated with (Insert name of event)
During the term of this MOU, all materials produced by (((insert name of base/wing/unit) NPP)) or (CFMWS)) in association with, in support of, or making reference to the event will include mention of the sponsor in a manner which reflects the Official Phraseology granted to the sponsor, as outlined in paragraph 7.1. For each year of this agreement, the sponsor will receive, at minimum
(INSERT: description of deliverables here. Sample sponsor support deliverables listed below as examples, for your convenience. Use as appropriate. NOTE: you must control the deliverables. If you can’t guarantee their delivery, don’t list them).
Mention in all media releases pertaining to the event
Sponsor’s logo drop-in in any paid placement (i.e., advertisement) promoting the event and placed in CF newspapers;
Sponsor’s logo on the sponsor support page of the (((insert name of base/wing/unit) NPP)) or (CFMWS)) web site;
Sponsor’s banner or logo displayed at the event (NOTE: banner or logo to be provided by the sponsor per the size and material specifications of (((insert name of base/wing/unit) NPP)) or (CFMWS));
Two (2) invitations to the event
ADDITIONAL BENEFITS TO SPONSOR:
Status and Phraseology:
(((insert name of base/wing/unit) NPP)) or (CFMWS)) agrees that the sponsor is granted the benefit to use the following official phraseology:
(insert appropriate phraseology being granted, such as, “a Sponsor of XYZ (name the event)”, a “gold”, “silver” or “bronze” level sponsor of XYZ (name the event).
Or other mutually agreed upon phraseology.
ADDITIONAL BENEFITS OF (((insert name of base/wing/unit) NPP)) or (CFMWS)):
Denying approval of promotional material:
(((insert name of base/wing/unit) NPP)) or (CFMWS)) may, in its sole discretion, refuse to use or display, or refuse to permit to be used or displayed, any advertising or promotional material including any material used by the sponsor, which, in its judgement, would be unlawful, misleading, inappropriate, or otherwise prejudicial to the (((insert name of base/wing/unit) NPP)) or (CFMWS)) ,the Canadian Forces or the Department of National Defence. The sponsor will promptly comply with any request made by (((insert name of base/wing/unit) NPP)) or (CFMWS)) to remove or abstain from using or displaying any advertising or promotional material.
INDEMNIFICATION/LIABILITY
The sponsor will indemnify HER MAJESTY THE QUEEN IN RIGHT OF CANADA, THE DEPARTMENT OF NATIONAL DEFENCE, THE MINISTER OF NATIONAL DEFENCE, THE CHIEF OF THE DEFENCE STAFF, THE STAFF OF THE NPF CF
and any of their employees, representatives or agents, against any and all claims or losses of any kind whatsoever which may be incurred as a result of any demand, claim, or proceeding, including any infringement of the copyright or trademarks of others, that may in any way arise from the actions or representations of the sponsor its employees, representatives or agents in connection with(((insert name of base/wing/unit) NPP)) or (CFMWS)) , including any actions or representations taken or made directly by or on behalf of the sponsor, and any material or information supplied by the sponsor to (((insert name
of base/wing/unit) NPP)) or (CFMWS)) for use in connection with the afore-mentioned (insert BASE/WING/UNIT) event being sponsored.
HER MAJESTY THE QUEEN IN RIGHT OF CANADA, THE DEPARTMENT OF NATIONAL DEFENCE, THE MINISTER OF NATIONAL DEFENCE, THE CHIEF OF THE DEFENCE STAFF, STAFF OF THE NPF CF, and any of their employees, representatives or agents will not be responsible for any infringement of the sponsor’s copyright and/or trademarks by others.
HER MAJESTY THE QUEEN IN RIGHT OF CANADA, THE DEPARTMENT OF NATIONAL DEFENCE, THE MINISTER OF NATIONAL DEFENCE, THE CHIEF OF THE DEFENCE STAFF, STAFF OF THE NPF CF, and their employees, representatives and agents will not be responsible for any damages of any kind whatsoever suffered by the sponsor or any of its employees, representatives or agents as a result of any default under this MOU where such default was not as a result of gross negligence.
INTELLECTUAL PROPERTY
The sponsor grants to (((insert name of base/wing/unit) NPP)) or (CFMWS)) the non-exclusive, limited benefit to use the sponsor’s trademarks and trade name solely to identify the sponsor’s products with respect to the event including any administrative, advertising or promotional activities related thereto.
PROPERTY/EQUIPMENT
Unless otherwise agreed to in writing, (((insert name of base/wing/unit) NPP)) or (CFMWS)) will not be responsible for the return of any material of any kind whatsoever utilized by the sponsor, and will be free to dispose of any sponsor property left in (((insert name of base/wing/unit) NPP)) or (CFMWS)) possession at the conclusion of any event.
SETTLEMENT OF DISPUTES
Any disputes between the Participants regarding this MOU will be resolved only by consultation between the Participants and will not be referred to any third party for settlement.
AMENDMENT
This MOU may be amended at any time by the mutual written consent of the Participants.
DURATION AND TERMINATION
This MOU will remain in effect for a period of insert length of term, e.g., “2 years plus a third-year if the option is evoked, from its effective date”.
This MOU may be terminated at any time by the mutual written consent of the Participants or upon sixty (60) days written notice of either party.
The (((insert name of base/wing/unit) NPP)) or (CFMWS)) may terminate this MOU at any time without notice in the case of any event beyond the reasonable control of (((insert name of base/wing/unit) NPP)) or (CFMWS)) ; including but not limited to, acts of
God, postal interruptions, strikes, lockouts, other labour disruptions, public protests, riots, acts of war, epidemics, fire, communication line failures, power failures, equipment or software malfunction, earthquakes or other disasters or emergencies including any emergency as defined by the National Defence act.
(a) In the event of early termination by (((insert name of base/wing/unit) NPP)) or (CFMWS)) under either of paragraphs 14.2 or 14.3, contributions not used to provide the deliverable set forth in this MOU will be returned to the sponsor. The sponsor will not be entitled to any other return of contribution or any compensation for any other services or materials supplied by the sponsor in connection with the event.
(b) In the event of early termination by the sponsor under paragraph 14.2, (((insert name of base/wing/unit) NPP)) or (CFMWS)) will not be responsible to the sponsor for a return of any contributions made by the sponsor pursuant to this MOU and the sponsor will not be entitled to any compensation for any other services or materials supplied by the sponsor in connection with the event.
CONFIDENTIALITY
Subject to applicable law and government policy, the Participants will treat as confidential all information received from each other pursuant to this MOU.
EFFECTIVE DATE AND SIGNATURES:
This MOU becomes effective upon date of the final signature.
For (insert BASE/WING/UNIT or CFMWS):
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a) Sponsor Support & Donation Authorized Agent:
Signature _____________________________
Date signed: ___________________________
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Print name: ___________________________
Print title: _____________________________
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b) Program Manager of NPP event being sponsored:
Signature _____________________________
Date signed: ___________________________
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Print name: ___________________________
Print title: _____________________________
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c) Approval Authority:
Signature ________________________________
Date signed: ___________________________
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Print name: ___________________________
Print title: _____________________________
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For (INSERT name of sponsoring company)
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Signature ____________________________
Date signed: ___________________________
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Print name: ___________________________
Print title: _____________________________
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Protocole d’entente (PE) sur le soutien des commanditaires des BNP pour [la base/escadre/unité]
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