For their mutual benefit, the listed parties agree to comply with the following terms of service.
KBF agrees to provide the following deliverables during the term of this strategic alliance agreement:
- Event Liability Insurance as an affiliated club of KBF, a member of the North American Tournament Association and covered under its policy, a copy of which is accessible by line on the KBF Partner Program web page. Includes provision of Certificate of Insurance (“COI”), including additional insured for host venues, legal defense in the event of claims against the Partner and its leadership by third parties, and payment of judgments to $1 million with no aggregate limit. KBF will provide access to incident report, COI request forms, and document PDFs. (Partner indicates below whether it wishes to be covered by this policy or provides its own coverage.)
- Pathway for competitive advancement to regional- and national-level KBF Events by authorizing Partner to award KBF National Championship (“KBFNC”) Qualifications as described in Addendum A: 2019 KBF Partner Categories and Qualification.
- Promotion by inclusion on the KBF Partner List web page.
- No-fee use of KBF-approved and certified Tournament Management System for Official KBF Events (e.g., KBF TRAIL, Co-Hosted Series Tournaments) .
- Access to KBF volume pricing/preferred customer status for apparel, decals, promotional items and special purchase options with all participating KBF sponsors.
- Referrals and endorsement to prospective sponsors.
- Opportunity to host a KBF TRAIL or KBF Co-Hosted Series Tournament, which provides additional KBFNC qualifying opportunities for Partner’s members.
- Graphic assets, web support, and social media promotion (including logos, social media group and event header artwork made available on the KBF Graphics Resources Page.
- Representation in private Facebook groups for KBF policy and program review, refinements, and communications.
- Use of KBF Competition Rules Standard, in total or part, by link or appropriation (OPTIONAL).
- Administrative, marketing, operational support to Partners that host KBF TRAIL and Co-Hosted Series Tournaments and assistance in promoting Partner events/series to the maximum extent possible.
Partner agrees to provide the following deliverables during the term of this strategic alliance agreement:
- Submit this completed and digitally-signed agreement and a roster of Partner’s “active members,” defined as competitors who participated in two or more of Partner’s Competitive Events during the 2018 season, with successful execution of this agreement contingent upon receipt of both agreement and roster.
- Identification, including Integration of KBF Partner logo in organization’s social media sites and on organization’s website (if applicable) to identify it as a KBF Partner, and inclusion of KBF logo on organization’s event banner (if applicable) .
- No later than August 10, submit Partner’s roster of “active members” for identification of KBF Members, calculation of percentages, and final authorization of 2019 KBFNC Qualifications, failure of which forfeits any additional 2020 KBFNC Qualifications the Partner might realize on a 10% of KBF Membership basis.
- No later than December 1, 2019, submit a list of 2020 KBFNC Partner-Qualified KBF Members, and failure to meet that deadline forfeits the Qualification of those members.
- Provide Advice to KBF by assigning one representative to the KBF Advisory Group private Facebook group and one or more representative(s) to the KBF Partner private Facebook group.
- Advocate for KBF and represent its management positively with organization’s membership, encourage organization’s members’ participation in KBF Events, and by example and influence, encourage KBF Membership among organization membership.
Performance Period—This strategic alliance agreement will begin on the agreement date and will conclude on December 31, 2019.
Extension—Both parties will be given a period of 1 month prior to the termination date of this agreement to offer an extension or enter into a new strategic alliance agreement as deemed necessary.
Confidentiality—Both parties acknowledge that during the term of this agreement they may become aware of information that is considered confidential or private in nature and agree to keep all such information obtained during the term of this strategic alliance agreement.
Termination for Non-performance—If either party's failure to perform its obligation amounts to a fundamental non-performance, the other party may exercise a right to terminate the agreement by notice to the other party. If performance has been offered late or otherwise does not conform to the agreement, the aggrieved party will lose its right to terminate the agreement unless it gives notice to the other party within a reasonable time after it has or ought to have become aware of the late offer or non-conforming performance. Termination of the agreement releases both parties from their obligation to effect and to receive future performance.
Partnership—The Parties have agreed to enter into a strategic alliance. As such, no employer/employee relationship is created or implied. Both parties shall remain for the entirety of this strategic alliance agreement independent contractors and will have the rights and abilities as such.
Indemnification—Both of the Parties agree to hold the opposite party harmless in the instance of injury, loss, or damages outside of cases of willful misconduct or gross negligence.
Intellectual Property—All materials and property included in this agreement shall remain the intellectual property of the respective party producing such items. Unless written notice is provided no intellectual property shall exchange ownership during the term of this strategic alliance agreement.
Entire Agreement—This strategic alliance agreement along with any attached exhibits shall for all considerations be the entire agreement. Upon entering into this agreement any and all previous agreements between the parties in either written or oral form shall be considered void.
Assignment—At no point during this agreement shall either party involved trade, delegate, or assign any portion of this strategic alliance agreement to any non-authorized third party entities.
Severability—If any condition within this strategic alliance agreement is found to be invalid or unenforceable the parties shall obtain the right to replace said condition with a similar enforceable provision as deemed necessary. Upon the substitution of any conditions in this agreement all other conditions will remain in full effect and shall not be altered.