Company Webinar Terms and Conditions
The Private Capital Market Inc., Terms and Conditions for A Company Webinar Presentation
The company that is making the webinar presentation is referred to as “company” and the party providing the webinar presentation service is The Private Capital Market, Inc. (PCM).
THE PARTIES HERETO AGREE AS FOLLOWS:
PCM Not Acting As A Broker
Nothing contained in this agreement implies that The Private Capital Market, Inc., is acting as an intermediary between buyers and sellers of securities in the capacity of a broker attempting to “effect a securities transaction.”
PCM does not offer to negotiate or structure the terms and conditions of a securities transaction between buyers and sellers of securities. PCM does not attempt to gain a commission from the sale or transaction of any securities sales or purchases.
PCM does not handle or take custody of cash or securities as an administrative agent and does not handle or process funds on behalf of either the company or potential investors.
The company understands and agrees that it alone has the authority and capacity to negotiate and structure the terms and conditions of any securities transaction.
TERM
The term of this agreement shall begin on the date this agreement is signed and will terminate at the end of the company’s online webinar presentation. Neither party is under any obligation to continue this agreement after the date that the webinar ends. The company is under no obligation to implement the advice provided by PCM about the webinar presentation. The company is free to choose whatever course of action the company deems to be in the company’s best interest after the webinar presentation concludes.
FEE
The company agrees to pay a presentation fee of $ 1150 (eleven hundred fifty dollars) to PCM in exchange for the service and advice provided to the company on making a presentation. Payment is due and payable to PCM on the date this agreement is signed.
The fee includes management consulting and guidance from WebMeetLive, a third party vendor of webinar consulting services. WebMeetLive offers a package of services for each webinar event, including advice on the presentation contents.
The fee paid to PCM does not include the room rental fee to use the webinar hosting service. The company will pay that web hosting fee directly to the webhosting company, based upon the set of services selected by the comany.
CONFIDENTIALITY
PCM agrees that any information received during any furtherance of the obligations in accordance with this contract, which concerns the personal, financial or other affairs of the company will be treated by PCM in full confidence and will not be revealed to any other persons, firms or organizations outside of the scope contemplated under this agreement.
APPLICABLE LAW
All transactions and performance under this agreement shall be subject to and shall be handled in accordance with all the applicable federal and state laws and the rules and regulations promulgated there under; and this agreement shall be modified to the extent necessary to conform to any changes in such laws, rules and regulations, and as modified shall remain in full force and effect. Except as superseded by federal laws and regulations, the laws of the State of North Carolina shall govern this agreement.
NON-ASSIGNMENT
This Agreement shall not be assigned by PCM to any other firm, person or entity without the written consent of the company.
COMPANY AGREEMENT AND DUTIES
The company agrees to follow the webinar presentation template provided by PCM in making the presentation, and agrees to abide by the advice provided by PCM in not making any public statements or mentioning any specific terms and conditions about an offering while making the presentation.
The company agrees and understands that the presentation format includes a 25 minute power point presentation that follows a usual and customary standardized format that the company will create at least 7 days prior to the event. The company may rely upon the advice and guidance of WebMeetLive in preparing the contents of the presentation.
The company agrees to allow PCM to review and edit the contents of the power point webinar presentation at least on day prior to the event.
The company agrees and understands that a document called the Quick Deal Overview (QDO) is used to promote the company’s webinar event, and agrees to assist PCM in the creation and distribution of the QDO.
The company agrees and understands that PCM will promote the company’s webinar presentation, and agrees to cooperate with PCM in the preparation and distribution of media promotions and press releases.
The company understands that other options exist to promote the webinar event, including the purchase of banner ads or other web-based media at third party vendors who may be partners with PCM in managing the event, and that the company is free to choose whatever additional ads or promotional activities to engage, based upon the company’s own decisions.
The company agrees and understands that it is solely and exclusively responsible for all costs related to making the presentation on a third party hosting service provider named. The contract and legal agreement for using the host server, software or related internet communications services of the third party service provider is directly between the company and the service provider.
INDEMNIFICATION OF PCM
The company agrees to indemnify and to hold harmless PCM and its affiliates, and their respective officers, directors, agents and employees, against any and all losses, claims, damages and expenses, including reasonable and necessary attorney's fees, to the extent any such losses, claims, damages and expenses are due to the acts or omissions of the company company, its officers, directors, agents and employees.
