Marketing agreement for Shopware event participants

Preamble

In connection with Shopware events, such as the Shopware Community Day ("SCD"), Shopware Circles and other events, Shopware aims to highlight participating companies (hereinafter referred to as the "Participant") as part of its event-related marketing activities. This includes the use of publicly available company branding elements, particularly company names and logos, on the event landing page, in mailings (particularly invitation emails) and in other promotional materials in connection with the respective event. This Agreement establishes the rights and responsibilities of the parties involved in the event and promotional processes, ensuring fair, transparent, and effective representation of each Participant in connection with the event.

1. Granting of trademark and copyright usage rights by the Participant, scope

The Participant supports the shopware AG, Ebbinghoff 10, 48624 Schöppingen (hereinafter referred to as “Shopware”) in marketing activities in accordance with the provisions of this Agreement.

For this purpose, the Participant grants Shopware the following rights:

The Participant allows Shopware to use the Participant’s company name and logo (and, where applicable, other trademarks) in various media, in particular on social media, on Shopware's websites, in mailings (e.g. invitation emails and newsletters) and at Shopware events, trade fairs, keynotes, lectures and in reference calls. The Participant agrees to a press release about the collaboration, subject to Section 4 of this Agreement. Shopware is under no obligation to the Participant to perform any marketing activities or to enable the Participant to participate in Shopware's own marketing activities.

2. Liability of the Participant for marketing material

The Participant warrants that the logo and other works protected by copyright and/or other intellectual property rights that it has provided were created by or for the Participant and/or that it is able to dispose of the rights granted under Section 1 and that the information it has provided is true.

3. Right to use

The Participant grants Shopware the non-exclusive and non-transferable right to use the provided marketing materials in accordance with Section 1 for the period specified in Section 7. The Participant may revoke this right for good cause. Separate consent must be obtained for any further use of the material.

4. Reports on social media, use of material in posts by Shopware

To the extent the Participant authorizes Shopware to do so, Shopware may, as part of the marketing collaboration, report on the Participant's trademarks and the respective projects (joint projects, projects implemented based on Shopware). Shopware then has the right, in particular, to use the Participant's word and figurative marks on Shopware’s websites and in social media posts related to the event, including references to the Participant’s website or online shop and naming of the corresponding URL.

All other uses that contain material, such as press releases, blog posts, interviews, quotes, case studies, ad content, etc. (hereinafter referred to as "Posts"), must be coordinated in advance with the Participant in terms of content and timing. This includes, among other things:

  • Articles and press releases in the trade media.

  • Contributions (online and offline) in the trade media, e.g. T3N.

With the exception of Shopware’s websites, mailings (e.g. invitation emails and newsletters) and social media posts, Shopware will not publish any Posts unless the final version has been reviewed and approved by the Participant. If Shopware does not receive a written objection from the Participant (a simple email is sufficient) within 14 days of the transmission of the final version, the Post will be deemed approved.

5. Use of the brand logo and screenshots by Shopware

The Participant may authorize Shopware to use the Participant's brand logo and screenshots/screencasts of the projects implemented with Shopware in the following channels. In doing so, Shopware shall ensure that the presentation is in line with the corporate identity, provided that the Participant provides Shopware with the relevant guidelines when the contract is concluded or, in all other respects, in good time before planned marketing measures, at Shopware's reasonable discretion.

  • Trade fairs

  • Social Media

  • Shopware’s websites

  • Sales Pitches

  • Keynotes/Lectures

  • Webinars

  • Reference Calls

6. Other marketing activities, participation of the Participant

Shopware may enable the Participant to participate in Shopware's own marketing activities if the Participant

  • allows Shopware to use a previously agreed quote

  • rates Shopware on a rating platform (G2/Capterra)

  • creates a webinar together with Shopware

  • creates a blog post together with Shopware

  • creates a video case study together with Shopware

  • creates a press release together with Shopware

7. Term, termination of the marketing agreement

The term of this Agreement shall commence upon the Participant’s acceptance of this Agreement and shall continue for an indefinite period. Regardless of this, either party may terminate the marketing cooperation by giving one month's notice to the end of the month. If the Participant switches to comparable software from a different provider, Shopware will immediately cease to present the Participant on any channels as soon as it becomes aware of this. In the case of print materials, Shopware will do so in the next issue or edition.

8. Miscellaneous

This Agreement is subject to German law. The place of jurisdiction is Schöppingen. Should any provision of this Agreement prove to be invalid, the remaining provisions shall remain unaffected. In such a case, instead of the invalid provision, a provision shall be deemed to have been agreed which comes as close as possible to the intended purpose of the invalid provision. The same shall apply in the event of a loophole.