Terms and Conditions for Using the Platform

Thank you for engaging with our Sponsorwise website platform (www.sponsorwise.net), which provides opportunities for brands and sponsors to acquire football club LED advertising and other commercial rights (the “Platform”).

This User Agreement sets out the terms and conditions on which Sponsorwise offers you access to and use of our Platform and the services we provide via the Platform.

Please take time to read this User Agreement carefully as it provides important information which creates a safe, fair and enjoyable experience for all of our users.

If you do access or use the Platform (and, in particular, if you register to use the Platform), it is understood that you agree to this User Agreement. Please be aware that if you do not accept this User Agreement you must not access or use the Platform.

INTRODUCTION

Who we are

Our full company name is Sponsorwise Ltd (“Sponsorwise”) and our registered office is 2nd Floor Beaumont House, 1b Lambton Road, London, SW20 0LW. We are registered in England and Wales with the company registration number 12072688.

What do we do?

Sponsorwise acts as an independent party that facilitates the negotiation and/or sale of advertising, sponsorship and other commercial rights and opportunities (“Commercial Rights”) owned or controlled by sports organisations (“Rights Holders”) to our network of connected subscriber brands and sponsors (and agencies acting on their behalf) (“Brands”).

Sponsorwise does not seek to associate itself in any official capacity (whether by partnership or association) with any of the Brands or Rights Holders listed on or otherwise using the Platform.

What is covered by this User Agreement?

This User Agreement explains a number of things including, for example, the rules covering your use of the Platform. This User Agreement also provides information about your rights.

The User Agreement is structured as follows:

  1. The Basics: general information and terms about who we are and what we do.

  2. Using the Platform

  • All Users: terms of use of the Platform that are important for all users (including any Brand or Rights Holder).

  • Brands: terms of use of the Platform that apply to Brands seeking to purchase any Commercial Rights.

  • Rights Holders: terms of use of the Platform that apply to Rights Holders seeking to sell Commercial Rights.

  1. Conditions for acquisitions of Commercial Rights through the Platform (except as set out in 4 below)

    • Brands: terms that apply to Brands if they are purchasing (or interested in purchasing) any Commercial Rights (except as set out in 4 below).

    • Rights Holders: terms that apply to Rights Holders if they are selling any Commercial Rights (except as set out in 4 below).

  2. Conditions for acquisitions of LED Advertising for less than €25,000

    • Brands: terms that apply to Brands if they are purchasing (or interested in purchasing) rights to display LED advertising for less than €25,000.

    • Rights Holders: terms that apply to Rights Holders if they are selling rights to display LED advertising for less than €25,000.

 

THE BASICS

What should I do if I have questions, comments or enquiries?

Please do contact us any time by emailing info@sponsorwise.net if you have any questions or feedback about this User Agreement or the Platform, including if you think that any particular content should not be appearing on the Platform or has been posted incorrectly.

What other policies apply to the Platform?

This User Agreement refers to the following additional policies, which also apply to your use of the Platform:

  • Our Privacy Policy [Sponsorwise to insert hyperlink, if possible].  This sets out further information about how we use your personal data.

  • Our Cookies Policy [Sponsorwise to insert hyperlink, if possible]. This sets out information about the cookies on our Platform.

You must respect and comply with these policies when you are using the Platform.

Will this User Agreement ever change?

The User Agreement may change from time to time and, if they do, the up-to-date version will always be available on the Platform.

We will also indicate at the top of this User Agreement when it was last updated.

Any revised version of this User Agreement will be effective immediately when displayed on the Platform.

 

USING THE PLATFORM

All users

What do I agree to if I register to use the Platform?

When you register for you or your organisation to access and use the Platform, you agree:

  • to make sure that all details you provide during the registration process (including any details about your organisation if signing up on behalf of a Brand or Rights Holder) are truthful and accurate

  • to let us know promptly if any of the details you have provided stop being accurate

  • to be entirely responsible for any activity that occurs under your profile name

  • to keep secret your login details (including your password) - you must change your password if you believe it is no longer secret

  • to set up no more than one account for your organisation

  • to tell us as soon as you can if you become aware of any unauthorised use of your account.

You must not allow any other organisation or person to use your designated account.

 

Who owns the content on the Platform and how can I use it?

Unless otherwise stated, all intellectual property rights in the design, url, text, graphics, look and feel and any other material on the Platform is owned by Sponsorwise or other third parties. You may read, download and print extracts from the information displayed on the Platform for your own use subject to the restrictions set out in this User Agreement.

All rights in and to use any club marks and the name and associated trade mark/club logo and any other intellectual property rights of a Rights Holder are and shall remain the exclusive property of the Rights Holder and Brands shall acquire no rights to use such names or intellectual property rights, other than those expressly created by this User Agreement.

You must not, without our prior written consent, copy, reproduce, republish, redistribute or share material from the Platform.

 

Will information on the Platform always be accurate?

All information, including in relation to Rights Holders and their Commercial Rights, are listed on the Platform for descriptive purposes only.

We endeavour to uphold a high level of transparency and accuracy when listing information on the Platform. Where we list content on behalf of any Rights Holder, although every reasonable effort will be made to ensure that the listing (and all other information on the Platform) is accurate at the time of publication, it will not always be kept up to date. Similarly, although all Rights Holders are required by this User Agreement to only display content on the Platform that is accurate and lawful, we cannot verify and guarantee in all cases that this will be the case.

 

Our liability for your use of the Platform

Please note that we will not be liable for any loss or damages, including for loss of income or business or increased liabilities, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage arising in contract, tort (including negligence) or otherwise from:

  • the use of or inability to use our Platform

  • reliance on any information contained in the Platform, or from any action or decision taken as a result of using the Platform or any such information

  • the content, actions, or inactions of third parties, including any inaccuracies in details of any Commercial Rights listed on the Platform

  • viruses or other malicious software obtained by accessing, or linking to, the Platform

  • glitches, bugs, errors, or inaccuracies of any kind in the Platform

  • your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to the User Agreement or our policies.

Nothing in this User Agreement shall exclude our liability to you for fraudulent misrepresentation by us or for death or personal injury resulting from our negligence.

We will not be held responsible for any delay or failure to comply with our obligations under this User Agreement if the delay or failure arises from any cause which is beyond our reasonable control.

 

Will the Platform always be available to use?

We try to keep the Platform secure and functioning properly at all times, but we cannot guarantee the continuous or uninterrupted operation of or access to the Platform. We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

What must I do when accessing the Platform?

You must behave in a respectful way to all other users of the Platform.

You must also treat information you obtain from the Platform with respect and use it only as permitted under this User Agreement.

 

What must I not do when accessing the Platform?

You must not:

  • use the Platform to break any laws of the country in which you live, or encourage anyone else to break those laws

  • copy content from the Platform unless permitted under this User Agreement (please see our answer to the question ‘Who owns the content on the Platform and how can I use it?’ (above)) or otherwise infringe intellectual property rights belonging to Sponsorwise or any other users of the Platform, including Rights Holders.  Intellectual property rights include, amongst other things, trade marks such as the Sponsorwise logo and Rights Holders’ crests and Brands’ logos, and copyright, which protects the Platform’s and each Rights Holder’s content, including imagery, photography and the like

  • disclose information contained in any Rights Holder’s listing (other than your own) to any other third parties or Platforms

  • modify, delete, interfere with or misuse data contained on the Platform

  • attempt to hack into the Platform

  • suggest that Sponsorwise endorses or approves any listing, product, service or content without our prior written agreement.

 

What happens if I do not comply with this User Agreement?

If we believe that you have not complied with this User Agreement, we may:

  • refuse your further use of and/or access to Platform

  • delete your account (if applicable)

  • remove and/or edit any information you have published on the Platform.

 

What links are included on the Platform?

The Platform may contain links to other websites that are operated by other people or organisations (“Third Party Sites”). These Third Party Sites may have their own terms of use, so you will need to be aware of these.  

We have no responsibility under this User Agreement for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any Third Party Sites.

The fact that we have included a link to a Third Party Site from the Platform should not be taken as an endorsement of that Third Party Site, or any association with its operators, by Sponsorwise.  

Any purchase of goods or services through a Third Party Site will be subject to the terms and conditions of sale brought to your attention before or at the time of purchase.

 

Can I post links to the Platform on my website, or other social networking services?

As a general rule, Sponsorwise will not object if you have a text link from your website, or social media page, to the Platform that are accessible free of charge.  However, you may not copy any part of the Platform into different websites or products without our prior written permission.  Nothing in this paragraph is intended to prevent you from re-tweeting marketing content from Sponsorwise.

You are not allowed to link to the Platform if you create or post any illegal, obscene, misleading, or offensive content, or if the link is likely to have a negative impact on the Sponsorwise’s reputation.  You also must not falsely imply sponsorship, endorsement or approval of the linking party and its products or services to the Platform.

Sponsorwise will always have the right to restrict the use of links to the Platform that require payment to access.

We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Platform. You agree to immediately remove all links to our Platform upon such request.

 

How will my personal information be protected?

When you use the Platform, any personal data (including sensitive personal data) collected from you will be handled in accordance with our Privacy Policy [Sponsorwise to insert hyperlink, if possible].

 

Does the Platform use cookies?

Yes. The Platform uses cookies to try to enhance your experience. For more information on the cookies we use, and to find out how to block cookies, view our Cookies Policy [Sponsorwise to insert hyperlink, if possible].

 

Which laws apply to my use of the Platform?

The laws of England and Wales apply. This User Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, this User Agreement and the Platform. This means that all claims relating to this User Agreement and/or the Platform can be settled by a judge (or a number of judges) in an English court.  However, Sponsorwise retains the right to bring proceedings against you for breach of this User Agreement in your country of residence or any other relevant country.

 

What other general rules apply to my use of the Platform?

Nothing in this User Agreement and no action taken by a Brand, Rights Holder or Sponsorwise under this User Agreement shall create or be deemed to create a partnership or establish the relationship of principal and agent or any other fiduciary relationship between them and no party shall have the right to obligate or bind the other party in any manner whatsoever. No purchase through the Platform gives the purchaser the right to display the associated official team or federation image on any of their external marketing or present themselves as an official partner or sponsor, unless this is agreed in writing with the team or federation who owns the image.

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

If you have a dispute with one or more users of the Platform, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

The User Agreement and all policies posted on the Platform are the entire agreement between you and Sponsorwise and supersede all prior understandings and agreements of the parties.

Each user shall from time to time, upon the request of another party to this User Agreement, execute any additional documents and do any other acts or things which may reasonably be required to implement the provisions or the purposes of this User Agreement.

 

FOR BRANDS

What do I get from my subscription to the Platform?

The Platform gives Brands opportunities to connect with Rights Holders to acquire Commercial Rights from them.

By subscribing to the Platform, Brands will be able to view and browse all listed opportunities to purchase Commercial Rights and to enquire into purchasing them from the relevant Rights Holder.

Any expressions of interest in making an acquisition of Commercial Rights should be made via the Platform’s ‘Enquire’ button. The ‘Enquire’ button on the Platform does not legally commit you to purchase the relevant Commercial Rights, nor does it bind the Rights Holder (or Sponsorwise) to a sale. The ‘Enquire’ button is used only as an indication of interest.

Sponsorwise will then notify the relevant Rights Holder that you are interested in acquiring the relevant Commercial Rights.

If the Rights Holder wishes to proceed, Sponsorwise will facilitate a direct introduction between you and the relevant Rights Holder.

Unless specified to the contrary (and in particular for acquisitions of LED rights for less than €25,000), any subsequent contracts for Commercial Rights (“Rights Sales”) will be negotiated and concluded directly between the Brand and Rights Holder in question (and without involvement from Sponsorwise), and Sponsorwise will have no liability to any Brands or Rights Holders in respect of any such negotiations or contracts.

 

Can I request to acquire unlisted Commercial Rights from a Rights Holder?

Yes. Even though Rights Holders may not advertise certain Commercial Rights on the Platform, Brands may still enquire about them using the ‘Enquire’ button.

When such an enquiry is made, we will inform the relevant Rights Holder and discuss with them whether the relevant Commercial Rights are available for acquisition and next steps, and we will update the Brand accordingly. Rights Holders have no obligation to pursue any expressions of interest or accept any offers from Brands for any Commercial Rights.

How are audience figures estimated on the Platform?

All audience figures listed on the Platform are:

  • an estimate calculated by past-viewing figures; and/or

  • information provided by a Rights Holder; and/or

  • information provided by a broadcaster.

All audience figures listed on the Platform also include an estimate of viewers who are attending the relevant sporting event. If multiple TV channels are listed, the audience figure will be an aggregate figure. Audience figures do not include web viewers, social media viewers or viewers on highlight shows or newsreels televised or otherwise.

 

Can I cancel my subscription?

Yes. You are able to cancel your Platform subscription at any time by contacting your designated Sponsorwise account manager or emailing info@sponsorwise.net. If you cancel your subscription, your information will be dealt with in accordance with our Privacy Policy [Sponsorwise to insert hyperlink, if possible].

 

FOR RIGHTS HOLDERS

What do I get from advertising on the Platform?

This Platform gives Rights Holders an efficient and simple way to advertise and market any available Commercial Rights, including any LED advertising inventory.

By subscribing to the Platform, Brands will be able to view and browse all listed opportunities to purchase your Commercial Rights and to enquire into purchasing them from you.

If Brands are interested in making an acquisition of Commercial Rights, they express that interest via the Platform’s ‘Enquire’ button. The ‘Enquire’ button on the Platform does not legally commit you to sell the relevant Commercial Rights. The ‘Enquire’ button is used only as an indication of interest.

Sponsorwise will then notify you that a Brand is interested in acquiring the relevant Commercial Rights.

If you wish to proceed, Sponsorwise will then facilitate a direct introduction between you and the interested Brand. Upon receiving an enquiry from a Brand, you retain the right at your absolute discretion to proceed, or instead to refuse to sell your Commercial Rights to the Brand in question for any reason.

Unless specified to the contrary (and in particular for acquisitions of LED rights for less than €25,000), any Rights Sales (as defined above) will be negotiated and concluded directly between you and the Brand, and Sponsorwise will have no liability to any Brand or you in respect of any such negotiations or contracts.

 

How do I create a profile for my organisation?

Profiles of Rights Holders listed on the Platform are created and managed by either Sponsorwise or the Rights Holder. Images, logos or crests on profiles of Rights Holders are for descriptive purposes only and are not intended to accurately represent the official logo or crest of the relevant Rights Holder.

A Rights Holder can request Sponsorwise remove its profile from the Platform at any point for any reason, and Sponsorwise will then take down the profile as soon as reasonably practicable.

 

How do I list Commercial Rights that are available for acquisition?

Every Rights Holder has a responsibility to provide Sponsorwise with accurate and relevant information regarding its Commercial Rights listings. Although Sponsorwise will, on your request, remove or amend listings, we cannot guarantee that we will do so immediately. As such, any request to amend or remove listings should be made reasonably in advance.  You may view your listings at any time.

Your listings will be viewable on the Platform only by subscriber Brands and by Sponsorwise.

When listing your Commercial Rights on the Platform, you agree that:

  • you are responsible for the accuracy, content and legality of the content listed

  • you are responsible for all costs and taxes (including penalties, fines, charges, or late payment interest) related to any Rights Sales

  • you own the necessary rights (including intellectual property rights) and have the necessary permissions from any third party to list and sell all of your listed Commercial Rights

  • you will not provide any information or content through the Platform which is false, unlawful or which infringes any intellectual property rights

  • content or listings that are found to violate this User Agreement (or any of Sponsorwise’s policies) may be modified or deleted at Sponsorwise’s discretion.

All listing prices must be in Euros.

Each Rights Holder will nominate one official representative to be the first point of contact with Sponsorwise for a listing.

There are no fees for any listings that do not result in a Rights Sale.

 

How can Sponsorwise advertise our listings?

By using the Platform, you give Sponsorwise full permission and the right to display on the Platform your profile and Commercial Rights listing(s), as well as your official crest/logo, social media links and other information related to your listing. We may also request to use other of your materials from time to time to display on the Platform. You also permit Sponsorwise to use your official crest/logo and name in external Sponsorwise sales and marketing materials (both during and after the period of any listing on the Platform).

Can subscribers request to acquire unlisted Commercial Rights from us?

Yes. Even though you may not advertise certain Commercial Rights on the Platform, Brands may still enquire about them from time to time using the ‘Enquire’ button.

In these circumstances, Sponsorwise will inform you and discuss whether the relevant Commercial Rights are available for acquisition and next steps, and we will update the Brand accordingly.

If you are interested in pursuing the enquiry request, you will work with us to pursue matters further.

You are in no way obliged to pursue any such enquiry or accept any offers for any Commercial Rights from any Brands.

There will be a fee payable to Sponsorwise for any Rights Sales of sponsorships arranged following a sponsorship request. The fee is calculated on a case-by-case basis dependent on the level of involvement by Sponsorwise.

Conditions for acquisitions of Commercial Rights through the Platform

 

Introduction

This section sets out the terms and conditions that apply to any Commercial Rights sold through the Platform (except sales of LED advertising rights for less than €25,000, the terms of which are set out below in the final section of this User Agreement).

For all such sales of Commercial Rights, our role is to facilitate introductions and discussions via this Platform. While Sponsorwise as a service provider helps facilitate transactions that are listed on the Platform, Sponsorwise is neither the buyer nor the seller of the Commercial Rights. Sponsorwise provides a service for Rights Holders and Brands to easily view Commercial Rights and helps to complete transactions. Therefore, the contract formed at the completion of a sale for these third party Commercial Rights is solely between the Rights Holder and Brand. Sponsorwise is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The Rights Holder (as seller) is responsible for the sale of the Commercial Rights and for dealing with any Brand claims (as buyer) or any other issue arising out of or in connection with the contract between the buyer and seller.

For Brands

How do I pay?

When a sale of Commercial Rights is agreed between your Brand and a Rights Holder, an order confirmation and tax invoice will be issued by the Rights Holder to the Brand. A separate contract may be drawn up at the request of the Brand or the Rights Holder. All costs will be fully transparent before the issuance of the order and payment terms will be agreed on a case-by-case basis. If you purchase LED advertising rights, the price you pay to the Rights Holder will include a fee which the Rights Holder will pass on to Sponsorwise. The fee to be paid to Sponsorwise will be arranged separately through Sponsorwise and the Rights Holder directly and you will just pay the amount listed on the Platform.

All amounts payable under this User Agreement or the Platform are exclusive of Value Added Tax (for UK transactions) and any similar taxes duty or other charge which either party may be required to pay by law (“Taxes”). Any party making payment under this User Agreement or the Platform shall pay the other party (or repay to the other party as the case may be) such Taxes at the rate and in the manner for the time being prescribed by law in addition to the sums payable by that party under the User Agreement or the Platform.

As explained in the Introduction to this section, Sponsorwise is not a party to the contract between the Rights Holder and Brand so cannot be responsible for any missed payments from the Brand to the Rights Holder.

 

FOR RIGHTS HOLDERS

How am I paid?

The Rights Holder has full control of its cost price and can amend pricing at any time prior to a sale. The Rights Holder will set the cost price of each listing of LED rights on the Platform. Sponsorwise will then apply a fixed mark-up of a percentage of the cost price for each of the LED rights listed on the Platform, which will be paid by the Brand.

Upon sale of a listing, the Rights Holder will invoice the Brand the full price listed (including the mark-up) and Sponsorwise will then issue an invoice of the mark-up to the Rights Holder. The Brand and the Rights Holder (as the case may be) must pay any valid invoice under this section within 30 days.

All amounts payable under this User Agreement and/or the Platform are exclusive of Taxes (as defined in the section above). Any party making payment under this User Agreement or the Platform shall pay the other party (or repay to the other party as the case may be) such Taxes at the rate and in the manner for the time being prescribed by law in addition to the sums payable by that party under the User Agreement or the Platform.

Conditions for acquisitions of LED RIGHTS FOR LESS THAN €25,000

This section sets out the terms and conditions that apply to any sales of LED advertising rights for less than €25,000.

For these transactions Sponsorwise will: (i) facilitate introductions and discussions via this Platform; and (ii) purchase the relevant Commercial Rights from the Rights Holder and sell them to the Brand (and arrange the relevant invoicing and payments).

When Sponsorwise purchases Commercial Rights from a Rights Holder, the terms below apply to the contract between Sponsorwise and the relevant Rights Holder (in addition to the rest of the applicable terms in this User Agreement).

When Sponsorwise sells Commercial Rights to a Brand, the terms below apply to the contract between Sponsorwise and the relevant Brand (in addition to the rest of the applicable terms in this User Agreement).

For Brands

Where you are purchasing Commercial Rights to display LED advertising for less than €25,000 on the Platform, Sponsorwise will first purchase the relevant Commercial Rights from the Rights Holder. Sponsorwise will then grant the relevant Commercial Rights to you, subject to the additional terms and conditions set out below.

 

What are the restrictions on what I can advertise?

You must ensure that any artwork, copy, designs, photographs, software, films, recordings and all other material (“Brand Material”) that you intend to display as LED advertising:

  • complies with (i) any policies and guidelines of the Rights Holder that are listed on the Platform or communicated to the Brand at any time; (ii) any and all applicable laws and regulations (including any of any football regulator or governing body); and (iii) the terms of this User Agreement; and

 

  • are not obscene, defamatory, sexual or violent, or unfairly critical of any person or entity and do not bring the Rights Holder (or any of its employees or officers) or the relevant football governing body into disrepute.

To assist you with your obligations above, the Rights Holder must, on its relevant listing, set out details of relevant policies and guidelines in connection with the display of the Brand Material.

The Rights Holder will also notify Sponsorwise as soon as practicable and give you a reasonable opportunity to correct or replace the relevant Brand Material in the event that the Rights Holder reasonably considers that any Brand Materials may not be in accordance with the points set out above.

 

What is the procedure for accepting or rejecting Brand Material?

Each Brand must use the following procedure in respect of the display of all Brand Materials:

  • The Brand must send to Sponsorwise copies of all Brand Material it intends to display on the LED advertising space not less than 72 hours before the relevant sporting event at which the Brand Material is proposed to be used.

  • Sponsorwise will then send the relevant Brand Material to the Rights Holder no later than 24 hours before the relevant sporting event.

  • Having sent the Brand Material to the Rights Holder, Sponsorwise will promptly notify the Brand whether the Brand Material is acceptable for display.

  • If the relevant Brand Material is not acceptable, the Brand will be informed of the reasons for this and be provided with a reasonable opportunity to rectify matters and resubmit the Brand Materials for approval in the remaining time available before the event in question.

You must submit all Brand Material in a format that is materially the same as the manner in which the Brand Material will actually be displayed during the sporting event.

You acknowledge and agree that, even if approval has been given to display Brand Material, the Rights Holder shall be entitled, without liability to you or Sponsorwise, to not display Brand Material if it does not comply with the matters referred to in the section of this User Agreement entitled: ‘What are the restrictions on what I can advertise?’

 

How will our Brand Material be displayed?

The Rights Holder must display all Brand Material provided by you up for the duration of minutes as listed on the Platform or as otherwise separately agreed between Sponsorwise and the Brand.

If possible (and if agreed by the Rights Holder), your Brand Material will:

  • appear “solus” (i.e. continuous across the whole of the LED perimeter display around the pitch) without inclusion of any other advertising or branding by any third party within the sight line of television viewers (other than by unintentional mistakes);

  • be shown in fair rotation with other advertisements on the LED advertising; and

  • be consistent with the form, design and colour of the Brand Material supplied by the Brand.

How will we know that our Brand Material has been displayed?

After the sporting event has finished, if possible (and if agreed by the relevant Rights Holder) we will supply to you proof of display of the Brand Material. We will do this on a free of charge basis.

 

What happens if there is an issue with the LED advertising or it becomes unavailable?

If the LED advertising space becomes unavailable or does not function properly and your Brand Material is not displayed in accordance with this User Agreement, we will either:

  • refund the full amount paid you for the Commercial Rights in question; or

  • if we agree, instead provide you with an equivalent amount of LED advertising space at other sporting events.

 

How do I pay?

When an order is agreed in principle between a Brand and a Rights Holder, the payment process will take place in two stages:

  1. Sponsorwise will purchase the relevant Commercial Rights from the Rights Holder.

  2. Sponsorwise will sell you the relevant Commercial Rights that we have purchased from the Rights Holder.

To carry out the second stage above, we will issue you an order confirmation and tax invoice. The total purchase price you pay will include fee payable to Sponsorwise. The fee will be a percentage the cost price that the Rights Holder sells the Commercial Rights to Sponsorwise. This fee will be factored into any prices and listings on the Platform. You must pay the invoiced amount with 21 days of receipt of a valid invoice.

All amounts payable under this User Agreement and/or the Platform are exclusive of Taxes (as defined in the section above). Any party making payment under this User Agreement or the Platform shall pay the other party (or repay to the other party as the case may be) such Taxes at the rate and in the manner for the time being prescribed by law in addition to the sums payable by that party under the User Agreement or the Platform.

 

For Rights Holders

Where you are selling Commercial Rights to display LED advertising for less than €25,000 on the Platform, Sponsorwise will first purchase the relevant Commercial Rights from you, subject to the additional terms and conditions below. Sponsorwise will then grant the relevant Commercial Rights to the Brand, who will also need to comply with this User Agreement.

Are there restrictions on what Brands can advertise?

When a Brand submits any Brand Material (as defined in the section above) to Sponsorwise that it intends to display as LED advertising, the Brand Material must:

  • comply with (i) any of your policies and guidelines that you set out in your listing on the Platform or communicate to the Brand at any time; (ii) any and all applicable laws and regulations (including any football regulator or governing body); and (iii) the terms of this User Agreement; and

  • not be obscene, defamatory, sexual or violent, or unfairly critical of any person or entity and not bring you (or any of your employees or officers) or the relevant football governing body into disrepute.

To assist Brands with the obligations above, you must, on your relevant listing, set out details of relevant policies and guidelines in connection with the display of the Brand Material.

You must notify Sponsorwise as soon as practicable and give the Brand a reasonable opportunity to correct or replace the relevant Brand Material in the event that you reasonably consider that any Brand Materials may not be in accordance with the points set out above.

 

What is the procedure for accepting or rejecting Brand Material?

Each Rights Holder must use the following procedure for all Brand Materials:

  • The Brand must send to Sponsorwise copies of all Brand Material it intends to display on the LED advertising space not less than 72 hours before the relevant sporting event at which the Brand Material is proposed to be used.

  • Sponsorwise will then send the relevant Brand Material to you no later than 24 hours before the relevant sporting event.

  • You must, as soon as reasonably practicable after receiving the proposed Brand Material, notify Sponsorwise whether the Brand Material is acceptable for display, and Sponsorwise will subsequently communicate this to the Brand.

  • If the relevant Brand Material is not acceptable, Sponsorwise will inform the Brand of the reasons for this and the Brand will be provided with a reasonable opportunity to rectify matters and resubmit the Brand Materials for approval in the remaining time available before the event in question.

The Brand must submit all Brand Material in a format that is materially the same as the manner in which the Brand Material will actually be displayed during the sporting event.

Even if you have given approval to display Brand Material, you are entitled, without liability to the Brand or Sponsorwise, to not display Brand Material if it does not comply with the matters referred to in the section of this User Agreement entitled: ‘What are the restrictions on what I can advertise?’

 

How will Brand Material be displayed?

You must display all Brand Material provided by the Brand up for the duration of minutes as listed on the Platform or as otherwise separately agreed between Sponsorwise and the Brand.

If possible (and subject to your agreement), you will ensure that the Brand Material will:

  • appear “solus” (i.e. continuous across the whole of the LED perimeter display around the pitch) without inclusion of any other advertising or branding by any third party within the sight line of television viewers (other than by unintentional mistakes);

  • be shown in fair rotation with other advertisements on the LED advertising; and

  • be consistent with the form, design and colour of the Brand Material supplied by the Brand.

 

What are our reporting obligations?

After the sporting event has finished, if possible (and subject to your agreement) you will send Sponsorwise proof of display of the relevant Brand Material free of charge. We will then send the proof of display to the relevant Brand.

What happens if there is an issue with the LED advertising or it becomes unavailable?

If the LED advertising space becomes unavailable or does not function properly so that the Brand Material is not displayed in accordance with this User Agreement, you must:

  1. provide a full refund to Sponsorwise for the amount paid for the relevant Commercial Rights to display the Brand Material; or

  2. if we agree, offer to provide an equivalent amount of LED advertising space at other sporting events, which we may offer to the Brand as an alternative to a refund.

Notwithstanding the above, subject to the relevant Brand Material being approved by you in accordance with this User Agreement, you warrant and undertake that the minutes sold to the Brand will always be displayed as agreed if the LED advertising is functioning.

 

How are LED listings priced and how am I paid?

When an order is agreed in principle between a Brand and a Rights Holder, the payment process will take place in two stages:

  1. Sponsorwise will purchase the relevant Commercial Rights from you. For this, you must issue Sponsorwise with an invoice for the cost price of your listing (i.e. not including the relevant fee) within 48 hours of an order being agreed. We will pay a valid invoice within 30 days of our receipt of it.

  2. Sponsorwise will sell the relevant Commercial Rights that we have purchased from you to the relevant Brand. We will issue the Brand with an order confirmation and invoice for the full purchase price (as set out on the Platform and including the fee payable to Sponsorwise).

The total purchase price that the Brand pays will include any fees payable to Sponsorwise. The fee will be a percentage of the cost price that you sell the Commercial Rights to Sponsorwise. This fee will be factored into any prices and listings on the Platform.

All amounts payable under this User Agreement and/or the Platform are exclusive of Taxes (as defined in the section above). Any party making payment under this User Agreement or the Platform shall pay the other party (or repay to the other party as the case may be) such Taxes at the rate and in the manner for the time being prescribed by law in addition to the sums payable by that party under the User Agreement or the Platform.

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