Loading...
HomeMy WebLinkAbout213129 09/25/2012 CITY OF CARMEL, INDIANA VENDOR: 366565 Page 1 of 1 ONE CIVIC SQUARE PARS INTERNATIONAL CORP CARMEL, INDIANA 46032 ATTN:WILDO FABELO CHECK AMOUNT: $500.00 253 W 35TH STREET-7TH FLOOR CHECK NUMBER: 213129 NEW YORK NY 10001 CHECK DATE: 9/25/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1160 4355100 73982 500 . 00 BANNER PARS INTERNATIONAL CORP. 253 West 35"Street 1 7th Floor I New York,NY 10001(Fed Tax ID:13-3783920) PARS ACCOUNT REPRESENTATIVE:Wilda Fabelo 1212-221-9595,x113IwiIda.fabelo @parsintl.com MONEY LICENSE AGREEMENT #73982 Limited license is being granted following receipt of full payment and signed agreement to the terms noted herein. Company:City of Carmel,Indiana Contact:Melanie Lentz Phone:(317)571-2474(ext.if applicable:) E-Mail:mlentz @carmel.in.gov EDITORIAL DESCRIPTION(hereafter referred to as"Content"or"LOGO"):"MONEY®Best Places to Live 2012"LOGO (Electronic file to be provided by PARS International) LICENSOR: MONEY',a division of Time Inc. PERMITTED USES and FEES: The permission detailed below will be the only rights granted in the agreement.No modifications are permitted. If you wish to purchase different rights than the ones listed,please contact PARS International and we will issue you a new quote as applicable. $500 OUTDOOR DISPLAY BANNERS License permits usage of the MONEY®Best Places to Live 2012 standard logo on up to 5 banners,no larger than 2'x 8',throughout the city. Banner design as provided on August 31,2012 has been approved. License will expire 6 months after license execution date. PAYMENT TERMS: All fees provided are in U.S.dollars. PARS International Corp.will not be responsible for additional taxes,fees or paperwork associated with sales outside of the United States. Full,non-refundable payment is required before permission for Uses will be granted. $_�W TOTAL DUE(total from checked items above) ❑CHECK ENCLOSED(Checks mustbe in U.S.dollars and drawn ono U.S.Bonk/Financial Institution) PAYABLE TO: PARS INTERNATIONAL CORP;Attn:Wilda Fabelo;253 West 3P Street—1h Floor;New York,NY 10001 ❑CREDIT CARD PAYMENT(please use thesecure web portal:https://portal.parsintl.com/payment/1 I AM ALSO INTERESTED IN LICENSING THE FOLLOWING ADVERTISING USES: ❑ WEB BANNER ❑ PRINT ❑ RADIO ❑ TV MONEYBestPlacestoLivel2MUNICIPALITIES PLEASE COMPLETE AND RETURN BOTH PAGES OF AGREEMENT. Page 1 of 2 P-MR55 TERMS AND CONDITIONS: PARS INTERNATIONAL#73982 PARS International Corp.(PARS),as authorized agent of Time Inc.News&Sports Group("Licensor"),grants Licensee on behalf of Licensor the non-exclusive right to reproduce licensed Content for limited uses as specified in the Order number(s)noted above,subject to the following terms and conditions: 1. Limited License. The License Agreement("License"or"Agreement")is limited to the Content,which the Licensee has checked and paid for in full,and does not extend to any other content or material. No photographs or illustrations,unless part of a licensed Cover,are included in this License. License is for one-time,non-exclusive,limited use in specified media for the time period specified in the"Permitted Uses and Fees'section of this Agreement. 2. Restrictions. Licensee may not use the Content to solicit clients,fees,payments,dues,contributions,or applications for membership or to endorse any individual or group for elected office. 3. Prior Approval of Creative. All creative including the Content must be submitted to PARS for written approval prior to use,distribution,republication,or transmission of such creative by Licensee. No changes maybe made to approved creative without prior written approval of PARS. Any approved creative is attached to and made apart of this Agreement as an Exhibit. 4. No Changes to Content/Linking. Rewriting,summarizing,revising,changing,editing,updating and/or excerpting the Content are prohibited in any and all media now known or hereafter invented. All uses of Content must accurately reflect the original published Content in context;for example,an accolade is licensed for use only in connection with the specific company,product,or service that was the subject of the accolade as first published. Licensed covers must appear in their entirety as originally published.All logos licensed for use on a Licensee web site,and all links from all Licensed Content,must link directly to a Time Inc.News&Sports Group web site. 5. Payment. Payment for Content licensing fees must be made in full at the time the Order is placed. All sales are prepaid and final. No refunds or credits will be issued or due for any full or partial cancellation or non-use by Licensee. 6. Trademark Notices. First appearance of licensed trademarks in all licensed uses must be followed immediately by the®symbol for registered trademarks and the symbol for non-registered trademarks. Licensed trademarks must appear with a conspicuous trademark notice as follows:if registered,"MONEY®is a registered trademark of Time Inc.and is used under license"and if not registered,same notice but without the word"registered." 7. Accolade Notices. Licensed accolades/logos must appear with a conspicuous credit as follows:"From MONEY®Magazine,September 2012©2012 Time Inc. Used under License" 8. Disclaimer. Licensed trademarks,accolades,reprints,e-prints,and covers must appear with a conspicuous disclaimer following the applicable notice as follows:"MONEY® and Time Inc.are not affiliated with,and do not endorse products or services of,Licensee." 9. Placement of Notices&Disclaimer. For licensed trademarks,accolades,and covers,the applicable notice and disclaimer must appear:(a)in connection with,immediately following,or on the same page where the licensed trademark,accolade,or cover first appears in every licensed use or(b)for licensed use in movies and television,as part of the credits. For licensed reprints and e-prints,the applicable notice must appear on the first or last page of the reprint and a-print and the disclaimer must immediately follow the copyright notice and,if the reprint is distributed with a cover or introductory email or letter,the disclaimer also must appear in the cover or introductory email or letter. 10. Content Ownership/Permissions. Licensee acknowledges and agrees that:(a)all licensed Content(including licensed trademarks,magazine names,annual listing names, and the Time Red Border Cover Design)is the sole and exclusive property of Licensor and Licensee has no right to use the Content except as specified in this Agreement; (b)Licensor and PARS make no representations or warranties with respect to Licensee's use of the names and likenesses of any individuals or names and marks of third parties appearing in any licensed Content;and(c)any consents or permissions,except for copyrights and trademarks owned by Licensor,that may be required for use of the Content by Licensee are the sole responsibility of Licensee. 11. No Sub-Licensing. Licensee may not sell,transfer,assign,relicense,or sub-license the Content or authorize or purport to authorize any third party to do so. 12. Termination Rights. This Agreement will terminate immediately upon written notice to Licensee of any breach by Licensee of any of the terms of this Agreement. Licensor and PARS also reserve the right to terminate the Agreement for any reason other than breach upon five(5)days written notice. If this Agreement is terminated by Licensor or PARS,for any reason except for breach of the Agreement by Licensee,PARS will reimburse Licensee a proportionate amount of any Content licensing fee paid by Licensee to PARS under this Agreement equal to the ratio of the period of non-use to the period of use of such Content first authorized by the Agreement. 13. Indemnification. Unless legally exempt,Licensee shall indemnify,release,and hold harmless PARS and Licensor,and their respective affiliates,officers,directors, employees,and agents,for any and all third-party claims,damages,liabilities,costs and expenses(including attorney's fees),arising out of or based on the use, reproduction,distribution,and/or transmission of the Content by Licensee. 14. Insurance. During the term of this Agreement and,with respect to any claims-made policies,for a period of three years thereafter,Licensee shall maintain in full force and effect the following insurance coverage:(i)Commercial General Liability insurance with limits of no less than$2 million per occurrence and$2 million as an annual aggregate,including but not limited to products and completed operations and advertising liability,(ii)Workers'Compensation insurance in compliance with all statutory requirements. 15. Miscellaneous.This Agreement represents the entire understanding of the parties and may not be modified in any way without the written consent of both parties in a signed amendment. This Agreement will be governed by and interpreted under the laws of the State of New York,without regard to its conflicts of law rules and any dispute regarding this Agreement will be heard in the courts,federal or state,located in the County of New York in the State of New York. 16. Survival.Sections 13-17,and any unpaid fee obligations,will survive any termination or expiration of this Agreement. 17. Agent. If this Agreement is executed by any agent on behalf of Licensee,the agent represents and warrants that the agent has full authority from Licensee to execute this Agreement on behalf of Licensee. AGREED TO AND'ACCEPTED BY: �(r C SIGNATURE: l PRINT NAME/TITLE: �V ,gncy J. �eG� (�%Y. o f Cri'mmun, { LICENSEE(FULL COMPAN AME): C14 C4(W DATE:-9--/ MONEYBestPlacestoLivel2MUNICIPALITIES PLEASE COMPLETE AND RETURN BOTH PAGES OF AGREEMENT. Page 2 of 2 S" Prescribed by State Board of Accounts City Form No.201 (Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service,where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 09/11/12 Agreement#7398 $500.00 1 hereby certify that the attached invoice(s), or bill(s), is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 120 Clerk-Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 PARS International Corp. Attn: Wilda Fabelo IN SUM OF $ 253 West 35th Street - 7th Floor New York, NY 10001 $500.00 ON ACCOUNT OF APPROPRIATION FOR Mayor's Office PO#/Dept. INVOICE NO. I ACCT#/TITLE AMOUNT Board Members 1160 \ reement#7398 43-551.00 $500.00 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Saturday, September 22, 2012 Mayor Title Cost distribution ledger classification if claim paid motor vehicle highway fund