Student Sponsorship and Advertising Guidance - November 2017

Student Sponsorship and Advertising Guidance - November 2017

Advertising and sponsorship are important to any commercial service. If executed well, they provide funding and can enhance a consumer’s experience by adding to the Union’s proposition.

To protect the Union’s reputation and ensure brand integrity and independence is maintained, this policy has been written. This document sets out the types of advertising and sponsorship relationships that are acceptable around the Union’s brand.

An easy step by step guide to getting sponsorship for your student group and some questions to ask:

1. What do you need sponsorship for? How much do you need?
2. What companies could you approach in the area/nationally? What is your group’s unique selling point?
3. What can you offer to a potential sponsor?
4. The following categories of advertising cannot be offered as ‘sponsorship’ by student groups:

Presence at any Union events or within Union or University buildings - groups would be able to invite sponsors to a group event organised by their committee.

Distribution of products on behalf of an external organisation on campus - if a group is offered items to be given free to their members only, this would be acceptable.

Distribution of marketing information on behalf of an external organisation on campus - groups are only able to market a sponsor or distribute materials to students within their group.

Digital distribution via any Union networks or displays - student groups must only offer digital advertising within their own social media channels and on their personalised website page, this must be specifically detailed within the original sponsorship agreement to ensure no confusion on these channels.

1. Does the sponsor fall in line with the following regulations:
2. It cannot be a brand that conflicts with section 8 of the sponsorship and advertising policy -
3. Their offer does not directly compete with one of the Union’s primary sponsors/commercial partners or breach any existing exclusivity contracts that the Union already has
4. The agreement does not risk the reputation of the Students’ Union or promote religious or political views, pornography or sexual services, tobacco products or weapons.

1. The sponsorship contract as detailed in Appendix 1 of this guide must be completed in full by both the student group representative and the sponsor before submission to the Student Activities Manager for review and final approval. This agreement must detail the exact terms of the sponsorship with as much information provided as possible.

1. The agreement is subject to the final sign off of the Student Activities Manager, and UPSU reserve the right to request amendments of agreements, or to reject any agreements that breach any elements of this guidance or the overarching Sponsorship and Advertising policy.

Appendix 1:

The University of Portsmouth Students' Union

Model Sponsorship Agreement for use by Clubs and Societies

Notes for users

1Providing sponsorship services to businesses is not a charitable activity. There may be adverse tax consequences if The UPSU engages in significant non-charitable activities during any financial year. You must therefore inform the Chief Executive's office at the Student Centre of the nature and extent of proposed sponsorship arrangements before making any commitment. You have no authority to commit The UPSU to sponsorship arrangements without first seeking approval of the Chief Executive's office.

2The attached model sponsorship agreement has been drafted by our solicitors, for use when securing sponsorship for clubs and societies affiliated to The UPSU.

3The agreement is a standardised document for referral purposes and may be used as a starting point in negotiations. You should not agree significant amendments to the sponsorship terms and conditions without first seeking legal advice.

4[square brackets] have been used where the information contained within them is optional or subject to change according to the particular circumstances of the sponsorship arrangement. All square brackets should eventually be removed and the information within them modified or deleted before the agreement is signed.

5It is vital that the cover sheet is completed as fully as possible with the following information:

5.1The name of the club or society to be sponsored. Please note that no club or society has a separate legal identity from The UPSU; all clubs and societies are an integral part of The UPSU. All sponsorship agreements are therefore made between the Sponsor and The UPSU and all sponsorship payments must be made to The UPSU on behalf of any club or society.

5.2Full details of the Sponsor.

5.3The benefits which the Sponsor will enjoy in return for the Sponsorship Fee. It is important that the extent of such benefits is clearly set out. If insufficient room is available on the cover sheet, full details of the benefits should be set out in writing, signed by both parties, attached to the agreement and referred to in the cover sheet.

5.4The Sponsorship Fee to be paid by the Sponsor. If the Sponsor is to pay in instalments on specified dates, these details should be clearly set out in the cover sheet.

6The cover sheet should be signed and dated by both the Sponsor and by The Chief Executive or nominated signatory.

7The original signed Agreement must be held by The Chief Executive at The Student Centre, Cambridge Road, Portsmouth PO1 2EF. A copy will be held by The UPSU Finance Department and the President of your club or society.

The University of Portsmouth Students' Union

Sponsorship Agreement – Clubs and Societies

The Club
The Sponsor
Name
Address
Contact name
Telephone numbers
Email address
The Sponsorship Benefits
The Sponsorship Fee (excluding VAT)

I have read and agree to the Sponsorship Terms and Conditions. I am duly authorised by the Sponsor to enter into this agreement:

Signed for and on behalf of the Sponsor: ……………………………………………….

Print name: ………………………………….. Position: ………………………………….

Date: …………………………………….

Signed for and on behalf of UPSU (Staff Member): ……………………………………………….

Print name: ………………………………….. Position: ………………………………….

Date: …………………………………….

Signed for and on behalf of the Club President/Treasurer ………………………………………..

Print name: ………………………………….. Date: …………………………………….

Sponsorship Terms and Conditions

1 Interpretation

1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions (Conditions):

1.1.1 Club means the club or society specified in the Cover Sheet which is an integral part of The UPSU and is not a legal entity in its own right;

1.1.2 Cover Sheet means the sheet attached to these Conditions;

1.1.3 Sponsor means the person specified in the Cover Sheet who will sponsor the Club;

1.1.4 Sponsorship Benefits means the benefits specified either in the Cover Sheet or agreed in writing between the parties to be provided by The UPSU in return for the Sponsorship Fee;

1.1.5 Sponsorship Fee means the sum specified in the Cover Sheet;

1.1.6 The UPSU means The University of Portsmouth Students' Union, a registered charity (Charity No. 1136115) whose registered office is at The Student Centre, Cambridge Road, Portsmouth, Hampshire PO1 2EF. The UPSU trades under the name of Portsmouth Students’ Union Trading Company Ltd a registered company (Company No. 06320382).

1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.

1.3 The Cover Sheet and any document referred to in it forms part of this Agreement and shall have effect as if set out in full in the body of these Conditions and any reference to this Agreement includes the Cover Sheet and any document referred to in it.

2 Sponsorship

2.1 In consideration of the Sponsor paying the Sponsorship Fee The UPSU grants the Sponsor the [exclusive] [non-exclusive] right to the Sponsorship Benefits in relation to the Club.

3 Term

3.1 This Agreement will commence on the date it is signed and will terminate on the last day of the academic year in progress, unless previously determined as provided in this Agreement. Both parties may agree in writing to extend this Agreement at any time.

4 Payment

4.1 The Sponsorship Fee will be paid by the Sponsor on entering into this Agreement. Payment of the Sponsorship Fee will requested by the Students’ Union Finance department. In the event that the Sponsor exercises its option to extend this Agreement or the parties agree to extend this Agreement, the Sponsor shall pay the agreed Sponsorship Fee by 31 August preceding the commencement of the relevant academic year.

4.2 Amounts specified for payment in this Agreement are stated exclusive of Value Added Tax. If the Sponsor is obliged to make a payment to UPSU under this Agreement which attracts Value Added, sales, use, excise or other similar taxes or duties, the Sponsor shall be responsible for paying such taxes and duties.

5 The UPSU's obligations

5.1 The UPSU will grant the Sponsorship Benefits to the Sponsor and do all that may be reasonably required of it by the Sponsor to enable the Sponsor to enjoy the Sponsorship Benefits, subject to the Sponsor complying with any brand guidelines of The UPSU.

6 Intellectual Property

6.1 The Sponsor agrees and acknowledges that:

6.1.1 ownership of and all goodwill (current or future) attached to the name and logo of The UPSU shall belong to The UPSU and the Sponsor shall not do (or omit to do) anything that may prejudice or challenge such ownership or goodwill;

6.1.2 The UPSU may use the Sponsor's name and logo in connection with the Sponsorship Benefits during the term of this Agreement, subject to The UPSU complying with any brand guidelines of the Sponsor; and

6.1.3 the Sponsor shall not use the name, logo or crest of the University of Portsmouth without the prior written consent of The UPSU, such consent being within the absolute discretion of The UPSU and subject to such conditions as The UPSU may impose on its own or the University of Portsmouth's behalf.

7 Termination

7.1 The UPSU shall be entitled to terminate this Agreement forthwith if:

7.1.1 the Sponsor fails to make payments of the Sponsorship Fee on the due date(s) for such payments and The UPSU has given the Sponsor 14 days' written notice requiring it to pay and the Sponsor has failed to pay in the 14 day period; or

7.1.2 a receiver is appointed over all or any part of the Sponsor's business and if a petition for the winding up of the Sponsor is presented or the Sponsor becomes insolvent; or

7.1.3 the Sponsor does anything which in the opinion of The UPSU brings or is reasonably likely to bring it into disrepute.

7.2 Clauses 6, 10 and 11.1 shall survive termination of this Agreement (howsoever terminated).

8 Circumstances Beyond Reasonable Control

8.1 If the performance by either party of any of its obligations under this Agreement (other than an obligation to make payment) shall be prevented by circumstances beyond its reasonable control, then such party shall be excused from performance of that obligation for the duration of the relevant event.

9 Liability

9.1 The liability of either party for any breach of this Agreement, or arising in any other way out of the subject matter of this Agreement, will not extend to loss of business or profit, or to any indirect or inconsequential damages or losses.

10 Confidentiality

10.1 The parties agree to treat as secret and confidential and not at any time for any reason to disclose or permit to be disclosed to any person or persons or otherwise make use of or permit to be made use of any information relating to any other party's business affairs or finances where knowledge or details of the information were received pursuant to this Agreement.

10.2 The obligations of confidence referred to in clause 10.1 shall not apply to any confidential information which:

10.2.1 is in the possession of and is at the free disposal of the disclosing party or is published or is otherwise in the public domain prior to the receipt of such information by the disclosing party; or

10.2.2 is or becomes publicly available on a non-confidential basis through no fault of the disclosing party; or

10.2.3 is received in good faith by the disclosing party from another person who on reasonable enquiry by the disclosing party claims to have no obligations of confidence to the party claiming such obligations in respect of it and imposes no obligations of confidence upon the disclosing party.

11 General

11.1 Subject to Conditions 5.1 and 6.1, neither party shall use the name of the other in any press release or product advertising, or for any other commercial purpose, without the prior written consent of the other party.

11.2 This Agreement is not made for the benefit of nor shall any of its provisions be enforceable by any person other than the parties to it and the Contracts (Rights of Third Parties) Act 1999 shall not apply to it.

11.3 The Sponsor can only assign the benefit of this Agreement with the prior written consent of The UPSU.

11.4 No amendment or addition to this Agreement shall be made unless made in writing and executed by the parties.

11.5 The parties are not partners nor joint venturers nor is the Sponsor entitled to act as nor represent itself as agent of The UPSU nor to pledge its credit.

11.6 Any notice to be served on any of the parties shall be sent by pre-paid recorded delivery or registered post or by fax transmission to the address above (or such other address may be advised from time to time) and shall be deemed to have been received within 72 hours of posting or 24 hours if sent by fax transmission to the correct number of the addressee.

11.7 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.