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FORT CAMPBELL, K F.NT CKY
MORALF., WELFA RE ANO l~ECREAT I ON OPF. l~ATlNG F.NTITY (CMWROE)
COMMERCIAL PON OR ·111p A 0 A OVERT ISI C AGREl4:MF.NT
FY l S-000 1

fhb agreement is made and entered into by aml bcl\' cc11 the ron Campbell Uarri'ion Morulc. Welfare
and Rccrcaiion Operati ng rntit} (OMWROF). ron Campbe ll, Kc111uc'-y. hcrcinaficr referred t(l as
GMWROL. and NIVERSITY OF PllOF.N JX - MILITARY DI VISION (Sponsor), hereinafter
relCrrccJ ltl a-. Spo11sor.
UMWROL:. \'>ill uc"nuwlcdgc the SponsM with hcnclits fo1 the following !!vents ond program..,·

MW R I vcnt:Jl'rop,rams: I Oc10ber 2014

JO September 201 5

lJnivcr·,ity ol' Phoenix Mi litnry Division l'itle pons<.)l'!".h1ps·
I\ title ..,ponsor receives the bcnclit 1hal these even ts listed will h1.: 11a111cd "lJn ivcrsily of Phocn i:-. Miliwry Division und MWR present....,.'..,.,'- • Big Smo Concert, 11 Oct 14,l<bJ(4 l
• Cole Park Golf'Cour. c Payday Golf Scrnmblcs date°' fBI), and Ct1111111anding General's Golf
I ournnmcnt, dale r BD June I 5 J (b)(4) I
• [) W Rccrcnlion Community Family & . oldicr Day,j(b)(4 )
J inglc Bell Roe'- lealuring Brunch with San tu, 6 Dec 14
/\II Things Chocolntc. 15 reb 15
l:)ummcr Kicli.·Off. 7 Jun IS
Rack lo School Bash, 9 Aug 15

or

Uni\ cr~ity Phoenix - Mllllnry Division Prcnrn:r Sponsorships:
/\ prcm icr sponsor is one who s onsor l<bl(4l lor more in :i 165 day penod.
•
I he /one AcLivi1ics, (b){4)
Monster Hash, 24 Oct H
Tht1nksgiving Day Celebration, 27 Nov 14
Chrislmas Day Gathering. 25 Dec I·I
Ne\\ Ycar'::1 Eve Party, 31 Dt:c1 11
Olow in the Dark Plll'ty. 9 May 15
/\mly Birthday Party, 14 Jun 15
/'one Fourth /\nnivcrsary P:lrty. 4 Sep 15
• MWR Military Appredatiun Spouses' Week. 5, 6 & 8 Muy 15J<6><4J
• MWR Carnival and Independence Da\ Activities and l'in:wort..s. JO Jun-5 Jul I 5, j (b)(4)
• Newcomers Oricntnlion (50 Evc11l:-.).l<bJ(4 J
• <.;pookracular, 24 Oct 14l<bJ(4) I
• MWR Month of 1he 1ilirn17 fumily rvcnl. 22 Nm 11. fbX4>l
• Tn.:c I ighting Ccrcmon) /Wintcr Wondcrlnnd. 5 Dec 14.L _ J
• Dale Wayryncn {D. W.) Recreation Activi1ic.... KbX4J I
Gingerbread I louse Decorating. 23 No\ 14
Si ngle 'old1cr I lolidn) Meal. 3 Dec 14
Laster Egg 1lunt. 5 Apr 15
I abor Oay Cookout. 7 . cp 15
• O.W. Recreation ~ingle Soldiers & Military Fumilic~ Super 13owl, I l·cb 15Jcb){4)
• Colo Par!.. Commons Admin Professiona l Day. 22 Apr 15. ~
• Month ol' thc Military Chi ld Gvcnt (IWRh). date 1'130 Apr 15. E.:_J

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DOD_UOPX_0000001

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•

•
•
•
•
•

Army 13irthday Evcnl (IWRE), 15 June 1s. l<bl(4) I
nench Ba.sh Pool P11rty at Baldonado Pool; datl! fO/\ Aug 15J<bl(4l I
Leisure Travel Services Cha racLcr Day, "Princess & I lcro l.11nch Party," 12 Sep Is. l (b)(4)
rail rcstival: date TlJ/\ Sep I5.l(b)(4) I
The Zone S up1~w Bowl Pt1rty, l f'eb 15, (b)(4)
130SS Single Soldier Cookout. 15 Oct 14. (b)(4)
BOSS Single Soldier I lolidny Lu11chcon m n. w. Rec1emion Center, 10 ()cc 14J bl(4 )

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Commercial l\dvcrlising;
•

f3an11 crsl <b)(4)

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Sponsor will provide banners at 110 cusl to GM WROE.
Facility Signagc will rcmnin erected thru the durntion or thc agreement.
BANNER LOC"Al IONS;
I . South Sport-. Complex foencc (outdoor banner)
2. North Sporl~ \ tlmplcx Fc11ce (outdoor banner)
CONDIT TONS AND TERMS. During the MWR Gve11ts nnd Programs mentioned in thb agreement..
UMWROC :md the Sponsor ngrec to the following conditions and terms:

GMWROE recogni;,es UN IVERSITY OF PHOENIX - MILITARY OfVISfON as Sponsor for
the MWR Events and Programs mcnlio11cd in Lhis agreement. GMWROE agrees to work with
ponsor's promotional tie- ins. MWR also agrees that the Sponsor muy advertise their
sponsorship of the MWR Evcn(s and Programs mentioned in this agreement.

rhe Sponsor understands lhat this agreemenL is for regular sponsorship of the MWR Events
and Programs m<.:ntioned in 1.his agreement; and not fo r an exc lusive {the only Sponsor)
sponsorship. Sponsor understands that other Sponsors may he designated for these M WR
Events and Programs; and Urnt the GMWROE may ack11owledge rhese Sponsors and may
provide the same or different levels of benefits lo other Sponsors. Sponsor also understands
that other sponsors may publici/.c Lheir sponsorship as theirs and thaL they may also advertise
their products and services <luring these MWR Events and Program:, as allowed per Army
Regulation (AR) 2 15-1, parngrnphs 11 -6 through 11- 15.

GM WRO E agrees that the Sponsor may advertise their sponsorship orthe events mcntionctJ
above. Sponsor may not issue a media press release regarding the events mentioned withou1 the
express consent and npprov:-il by MWR Marketing prior Lo the rclc~e . MWR Marketing wil l
coordinate nll press rclcnsc :1ppruvt1ls nntJ <lissc111i11atio11 through lhe Public Affairs Onice.

GM WROE ensures Sponsor$ do not obtain personal contact information l'r('l m attendees at
MWR programs or cvcnL-. wil houc the t>x ru·css wf'ittcn co uscnt of the attendee. Data
collection is permissible only if data collection and /or entry form . h ave been approved by
the Staff .Judge Ad vocate i. ml M WR and include nn opt-in cla use. Only forms where the
opt-in clause is positively se lected should be forwur<led to Sponsor.

l11e Sponsor agrees to prov ide an annual Educational Services Officer Full Disclosure Forrn Lo
the GMWROE within 30 days effective date of' this ngreement Fa ilure to accurately
disclose the rcqu<.:stcJ in fo rmation within the spcciliccl timeframc 111uy be considen;:d a brem:h

or

of agreement.

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DOD_UOPX_0000002

 RESPONSIBILITIES. ln con:;ideration of the mutual promises set forth herein below, the parties agree

to the foll owing:
GM WROE is responsible for providing proof of performance (POP) for each event/program
mentioned in lhis agreement. MWR Activities who direct the events are responsible for
providing POP to the Commercial Sponsorship Office. POP will consist of copies of press

releases, newspaper articles, paid advertising where applicable, and photos, digital and social
media, demographics, and atlendancc per event. The Commercial Sponsorship Office will
provide POP to the Sponsor no later than I0 business days fro m the date of each
event/program.
GM WROE is responsible for granting the Sponsor the follow ing rights and benefits for the
MWR Events and Programs mentioned in this agreement. MWR Activities are responsible
for each event and arc responsible for set up and break down of each event and program
mentioned below to include placement of Sponsor's banner at each event:
• Sponsor's brand identity, name or logo in all event publicity owned and operated
by MW R and in paid advertising if applicable.
• Distribut.ion of Sponsor's collateral with official govemment disclaimer (Sponsor
provides collateral material)
• Signagc (banner) in high visibility area of event locations (Sponsor provides

banner)
• Display booth with 1 lable and 2 chairs at each event. Sponsor may request
specific placement. This request will be honored, prov ided, in the event
planner's opinion, it does not adversely impacl the event concept, pcdeslrian
tlow or securily/egress requirements. Sponsor's Educational Disclosure form
must always be visible on the tabl e al the boo1h.
• Name recognit ion (announcements) at each event
Add itional Sponsor Rights & Benefits:

MWR Marketing Welcome Packets:
MWR will inse1t Sponsor's co llateral maleria l with official government
disc laimer into the MWR Welcom e Packets fo r incoming Soldiers.
Mi litary Suppo1t Program Drop Box Display:
Sponsor may provide Drop Box displays in all high traffic MWR indoor facilities
except CYSS programs. Drop Box Displays are provided a l no cost to
GM WROE.
Golf Scrambles:
Sponsor will host one team of four individuals of t heir choice to include sponsor

representative at each Payday Golf Scramble a l no charge to the Sponsor.

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DOD_UOPX_0000003

 Commanding General's Golf Tournament:
Sponsor will have two players in the Commanding General's Golf Tournament al
al no charge to the Sponsor.
Sponsor's Promotional Items and Giveaways:
Sponsor will prov ide add itional promotional items for distri bution at no cost to
GM WROE. Any additional promotional items provided during the duration of
l11is agreement must be detai led in a list to include the value of the items and
submitted to G ~vlWROE prior lo each event mentioned in this agreement or no
later than l Sept 2015. Only items valued a l $20 per item and above may be
counted as an in-kind sponsorship item for prize givc-a ..vay during random
druwings.
GM WROE wi ll provide to Sponsor a Form W-9.

SPONSOR. The Sponsor agrees to the fo llowing responsibilities in exchange for MWR Events,
Programs, and Advertising mentioned in this agreement.
Sponsor will provide lo MWRl(b><4> leash in exchange for the above mentioned events, programs
and advertisi ng.
Payment is due within I 0 business days from date of signing this agreement. Sponsor sha ll mai I
payment to GMWR OE Accounting Office, PO Box 475, Fort Campbell , KY 112223
Abide with Departmen t of the Army standards us published in AR 215- 1, Chapter 11 , and
paragraphs 11 -6 through 11- 15 are availnhle on line atwww.aQ1!,.anny.mil.
Tl{AOEMARK LICENSE. Sponsor grants the GMWROE a royalty-free, non-exclusive license to use
and display the Trademarks associated with the Sponsor's products. S uch use s hall be limited .solely to
the sponsorship of the events and a ny advertising or promotional activities related to this
agreement. The use of Sponsor's trademarks or company nam e will not be used in a way which wou ld

cause any person to reasonably inter, or would otherwise convey the impression, that the GMWRO F. and
Sponsor are in any way affiliated with, or otherwise acting on behalf of one of the other parties. Sponsor
and GM WROE acknowledge that the prov isions of this paragraph do not convey to either party any right,
title or ownership interest in any trademarks. Sponsor will review and approve trademark and logo used
for advertisement. Sponsor' s name, logo and trademark will remain its exclusive property and any use by
GM WROE of such name, logo and trademark shall be for to Sponsor's benefit. GM WROE grants
Sponsor the right to use GMWROE name (MWR) and official designation in rhe advertising, promotion
and merchandising of Sponsor's products and services. Sponsor agrees that GMWROE's name (MWR),
logo and official designation will 1101 be used in a way which would cause any person to reasonably infer,
or would otherwise convey the impression, that Sponsor and GM WROE are in any way affilialed wi th, or
acting on beha lf of one o f the other parties. Except as expressly provided herein, neither party shall have
the right to use the corporate or trade name, tradernarks, serv ices marks, logos or other identification of
the other party without the party's prior written consent.
T E RM AND TERMINATION . The term o f the Agreement comm ences upon the signature of bolh
parties to this agreement and shall continue unlil 30 September 20 15. Sponsor will comply wilh all

applicable laws and regu lations. Failure to do so will constitute a material breach of this agreement.
Either party may immediately tcrminace this agreement upon a material breach by the other party of any
term or condition set forth herei n. Parties mut ually agree to provide advance notice of breaches in writing
to the non-hreaching party. Parties may term inatc this agreement, without cause with 30 days written
notice.

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DOO_ UOPX_0000004

 RIGHT OF FIRST REFUSAL. lJpon tennination of this Agreement, Sponsor shall have the right of
first refusal to renew this Sponsorship Agreement provided the GMWROE desires to update or continue
with this specific sponsorship. As used herein, the right of first refusal will mean that if the GMWROE
receives a "bona tide offer" regarding spousorship from a third party, the GMWROE is obligated to
communicate such offers to the Sponsor within fourteen days of receiving such offer. The Sponsor will
comm unicate an offer to contract with the GMWROE, either individually or as a Sponsor, for terms no
less favorable to the GM WROE with those contained in the "bona fide offer" of the third party. The
Sponsor has fourteen days to respond to the GM WROE. If the Sponsor fail s to invoke its right of firsl
refusal within 14 days of receiving C()mmunication from GMWRO£ if a bona-tide third party offer is
made, then GM WROE will be free to accept the third party ofter. Jn no event will the GMWROE enter
into a contract with a third party upon terms and conditions more favorable to such third party than those
offered to the Sponsor, unless such tenns have first been offered to the Sponsor. As used herein, the term
''bona fide offer" shall mean a proposed agreement concerning rights and obligations similar to those
herein. which agreement, if executed by the GMWROE and the third party, would be legally binding.
This section shall not apply if the Sponsor breaches this agreement. The GM WROE reserves the right to
refuse all offers. Right of first refu sal expires 30 September 2015.
INDEP EN DENT CONTRACT OR. Sponsor and co-sponsor advertisers shall be, and act as,
independent contract.ors and under no ci rcumstances shall this agreement be construed as one of agency,
partnership, or j oint venture of employment between the GM WROE and the Sponsor. None of the
personnel under contract to, employed by or volunteering for the GM WROE shall be deemed in any way
to have any contractual relationship with the Sponsor. The GM WROE shall be solely responsible for the
conduct of its employees, personnel, and agems in connection with their performance of the GM WROE
obligation, hereunder. Sponsor shall be solely responsible for the conduct of its employees, personnel ,
and agents in connection wilh their performance hereunder.
DISCLAIMER. The fo llowing disclaimer must be printed on all promotional materials distributed in
connection with the event clearly stating the Army docs not and cannot officially endorse the Sponsor's
name, product, or service. "DoD, U.S . Army or Federal Government endorsemen t not implied." AR 2151. Chapter l 1• paragraphs I 1-8.
SPONSORSHIP COSTS. The Sponsor hereby certifies that no cost of the sponsorship will be charged
to the Federal government or the GM WROE.
FORCE MA.JEURE. No pa1iy shall be responsible for MWR Events and Programs that arc
unforeseeable and beyond its reasonl\ble control, such as acts of God, weather delays, acts of war, or
unforeseen commercial delays. If any of the MWR Events and Programs in this agreement is postponed
due to inclement weather or other conditions beyond control, they may be rescheduled for another time.
Sponsor shall then be ent itled to, and the GM WROE agrees to give to the Sponsor, all of the advertising
and sponsorship rights set forth herein al no additional charge.
CHOICE OF LAW CLAUSE. All disputes arising under or relating to this agreement shall be first

submincd to mediation and, to the extent possible, resolved through the mediation process. Shou ld
mediation become necessary, the parties shall together select and agree upon a neutral mediator, who
must be a member of the state bar of either Tennessee or Kentucky, be certified as a mediator in eit her
Tennessee or Kentucky, be actively engaged int.he practice of Jaw in the private sector, and have relevant
experience in the area of contract law.
HOLD HARMLESS CLAUSE. Sponsor shall hold harmless the GMWROE, the U.S. Anny,
Department of Defense, and the Uni ted States Government, from any third party claims against the
Sponsor arising from acts or omissions of the Sponsor, its agents, officers, or employees. Acts or

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DOD_UOPX_0000005

 Sponsor arising fmm acts or nmissions of the Sponsor, its agents. offo:ers. or employet-s. Acts or
umission~ include. but arc not limited ta, 4\ccidcnts occu rring while Sponsor was acting under lhc tenns
and conditions of this agreement, accidents caused uy Sponsor furn ished equipment or m :u~·i als. or
11cci dc11ts cnuscd by Sponsor opcr:ued equipment or materials.
NOTI CF.S. All notices required or pcnniucd hereunder shall be deemed duly givt.'11 if sent tly certified

mail.

po~1Rgc

prepaid, addres~cd tn the parties as follows:

rF TO SPONSOR:

UNIVF:RSTTI' OF PHO'F:!'llX - MJLIT ARY DIVISION
IVice President
1625 W. Fountainhc~d 1,arkway
Tempe, A7. 85282
ocal Point of Contact :
b)(6)
Senior Uefonsc: Li1Jison
Kentucky and Tennessee:

l(b)(6)

Kbl<6l

IF TO THE f-UNO:
GARRISJON MORALF.. WELFARE & RECR tATION OPERATrNG
E1'1ITV
Commercinl Spt•n ~orship Office
5663 Screaming E.!glc Boulcvnrd

P. O. Rox 475
Fort Camphell. Kentucky 4::!22J

ASSIGNMF.NT. This t\gre~mcnt is not assignable in whole or pari by any party hereto in the absence of
the prior written con~cnt of both pnrtici1.
ENTIRE AGRF.F.MF.~T. Thif-1 Agreement contains the entire understandin~ hctwccn thC' partic:!> hcrc:o
relating to the subject maltcr contained herein, and l'UJ'lerscdcs any and all prior agreements.
arrangements. communications. or represenrations, whether oral or writtc:i. This ngrcemcnt m :1) not he
amended. altered, modified. or ch:mgec1 except by an addendum si:p1cd by oil panics hereto.
It\ WJT"IESS WHEREOF, the p:irties hereto

c~ccutc

UKI\TRSITV OF PHOF.:'\1X ~

this tt~re::mc:nt .
G MWROF: COMM ERCIAL SPONSORSHIP

MfT .ITARY OlVlSJO:'\
(6)

BY :

DY :
(b)(6)

ice rc :r;1 en

Mil itary Ops ond Continuing Educat ion

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