SDB Marketing
Vendor Agreement
This Vendor Space Rental Agreement (the “Agreement”) is between:
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SDB Marketing, a Quintessence Entertainment affiliate partner, in Memphis, TN ;
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and Vendor as indicated on your submitted on-line Application (“you” or “Vendor”).
Parties
This Agreement (hereinafter referred to as the “Agreement”) by and between SDB Marketing (hereinafter referred to as the “Client”) and VENDOR (hereinafter referred to as the “Vendor”) shall commence on date of the event (hereinafter referred to as the “Effective Date”) will be considered agreed and valid upon signature by both parties.
In consideration of the mutual promises and covenants in this Agreement, the Parties further agree to the terms as follows:
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There will be 1 vendor booth per company allowed (first come, first serve).
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There will be a maximum of 2 vendor booths per type of business allowed (2 photographers, 2 jewelers, etc. - first come, first serve)
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No more than 1 vendor per booth. Multiple people may man 1 booth for 1 business/organization, but they will all be considered the same vendor.
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For safety reasons, it is discouraged that vendors have children with them. If necessary, baby wearing is highly encouraged. Vendors are responsible for their own children.
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If a vendor is participating as Swag Bag Stuffer, items (up to 100) should be received by SDB Marketing by the date provided. Items received after this date are not guaranteed to be included in the Swag Bags. Samples and coupons are highly encouraged, but any sort of advertising will be accepted (max paper dimensions of 8.5” x 11”).
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SDB Marketing does not guarantee sales.
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SDB Marketing will not be involved in any sales transactions and/or contracts between vendor and consumer.
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Booth and Swag Bag fees are non-refundable.
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Each vendor is responsible for the care of his/her booth and items at all times throughout the event. Booths should not be unattended.
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Vendors may not walk around the event soliciting shoppers.
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Vendor set up will take place at the time given.
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Vendor take down will take place at the time given.
Scope of Engagement
The Vendor hereby agrees to supply goods or services at the Client’s place of business, in accordance with the terms of this Agreement.
Payment Terms
50% of the security deposit is due in order to reserve a vendor booth, the deposit is non-refundable if you cancel. Remaining balance to be paid on or before the due date which is 14 days prior to the event or deposit will be lost or a $25 late fee will be charged after the 14 day period has passed. No payments will be accepted on the effective date. However, deposit can be used for a later event. All payment matters should be taken up with the Client's accounts payable department.
Dress Code
The dress code for this event and most events by the Client are business casual to semi-formal, unless noted otherwise. (any personal branding attire is accepted)
Advertising
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You may be spotlighted on our website, blog, Instagram, Facebook, or LinkedIn in the weeks leading up to the event. We’ll pull from the photos you submit with your application or from your feeds with permission, so make sure to send us links to images you’re proud to share! We mostly just repost things that have been posted already on instagram.
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You can pull any of our marketing for your own use to market your participation.
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We will release announcements to the press, do extensive social media advertising, as well as place posters all around Memphis leading up to the event.
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We highly encourage vendors to advertise through their own Instagram, Facebook, LinkedIn, and other social media. Lack of advertising will be considered for future vending events and may result in a denied application.
Representation and Warranties
The Parties warrant and represent full capacity and qualifications to abide by the terms and conditions of the Agreement. The Agreement is subject to the laws of Tennessee and will apply to the Parties during its entire duration.
Liability and Indemnification
The Vendor will take responsibility and cover any losses or damages that the Client and its representatives may experience.
In addition, the Client agrees to protect the Vendor from any loss or damage, except in the case of extreme carelessness or recklessness by the Vendor or its representatives.
The Client is not responsible for cancellation, loss or damage due to inclement weather and/or everything pertaining to an act of God.
Independent Contractor
The Vendor will be regarded as a self-employed individual. This vendor Agreement does not generate a boss-worker tie between the Client and Vendor, and such an Agreement will never be formed in the future.
Termination
This vendor Agreement can be terminated by either party with 10 days written notice. All unpaid debts must be paid to the Vendor within 30 days of the termination.
Entire Understanding
This vendor Agreement, along with any associated documents, shall be seen as the complete Agreement and shall supersede any previous Agreements, both written and spoken.
Legal Fees
In the event of any legal action, the victorious party is eligible to receive compensation for expenses such as lawyer fees, court costs, and transportation costs.
Notices
All communication regarding this vendor Agreement must be done in writing and either sent by mail or delivered in person.
Delays
Should either of the parties become aware of any issue that may postpone any part of the contract, they must inform the other side within five days in a written report that includes all relevant details.
Clean-up
Vendor is responsible for proper cleaning of booth space. No trash should be left in space rented.
Illegal Activity
Firearms and explicit products, activity or illegal paraphernalia are NOT permitted. The Memphis Police Department will be called for any such activity.