RFP - PROMOTIONAL CAMPAIGN FOR THE FIVB VOLLEYBALL WORLD CHAMPIONSHIPS 2022 - FIVB
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RFP – PROMOTIONAL
CAMPAIGN FOR THE FIVB
FIVB VOLLEYBALL
WORLD
CHAMPIONSHIPS 2022
1 6 August 2020 RFP – Promotional Campaign for the FIVB Volleyball World Championships 2022 The FIVB is looking for an agency to conceive and produce a holistic promotional campaign to promote its most prestigious international volleyball competition to core target audiences and increase the awareness of the tournament both locally and on a worldwide level. The FIVB Men’s Volleyball World Championship 2022 has been awarded to Russia while the FIVB Women’s Volleyball World Championship has been awarded to Poland and the Netherlands. The FIVB’s will consider all offers from agency submitted as part of this RfP but would look favorable upon an agency that has offices in Russia and The Netherlands / Poland to ensure local relevancy and consistency of the campaign. FIVB Bank international Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032 1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T
2 Contents Part 1: Introduction ................................................................................................................3 1.1 The FIVB ............................................................................................................................3 1.2 Volleyball - a few facts ................................................................................................... 4 1.3 World Championships - History .................................................................................... 5 1.4 World Championships – Teams Qualification .............................................................. 6 1.5 World Championships 2022 – Host Countries............................................................ 6 1.6 World Championship (WCH) – new Positioning & Visual Identity.......................... 7 1.6.1 WCH positioning ...........................................................................................................7 1.6.2 WCH Visual Identity .................................................................................................... 9 1.6.3 Iconic elements............................................................................................................ 9 1.7 The Promotional Plan .....................................................................................................10 Part 2: The brief .................................................................................................................... 11 2.1 Scope of Work ................................................................................................................ 11 2.2 Campaign key objective ............................................................................................... 12 2.3 Target Audience and insights ....................................................................................... 12 2.4 Deliverables ................................................................................................................... 13 2.5 Campaign KPI’s ............................................................................................................. 13 2.6 Planning ......................................................................................................................... 14 2.7 Budget ............................................................................................................................ 14 2.8 Evaluation of Proposals................................................................................................. 14 2.9 Inquiries ......................................................................................................................... 15 2.10 Annex ........................................................................................................................... 15 2.10.1 Demographics, Awareness & Interest ......................................................................16 Part 3: Terms and Conditions of the RFP........................................................................... 18 FIVB Bank international Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032 1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T
3
Part 1: Introduction
1.1 The FIVB
We are the FIVB - the International Volleyball Federation, and we believe that volleyball
is the most extraordinary sport in the world: More than 680 million fans across the globe;
the No.1 most watched sport at Rio Olympics 2016, and the No.4 most popular sport in
the world (sources: Nielsen SportsDNA FIVB Volleyball Barometer march 2020, Nielsen
FIVB consumer research, post Olympics IOC report 2016); long-time member of the
Olympic movement;with an ongoing commitment to gender equality and family. Have we
got your attention yet?
Here at the FIVB, we are responsible for all forms of volleyball on a global level, and we
work closely with national federations and companies all over the world to spread the
world about this inspirational, exciting and empowering sport.
Based in Lausanne, Switzerland, the FIVB currently has 222 affiliated national federations
and five continental confederations, and as such, is one of the largest and most important
global sporting organisations in the world today.
The FIVB offers a series of indoor, beach and snow volleyball events on an annual,
biennial and quadrennial basis. These events range from annual leagues and tours to
multi-day tournaments, including the participation in the IOC Summer Olympic Games.
The FIVB vision is:
To grow global volleyball by embracing all volleyball stakeholders with a shared purpose
to become the largest connected sports ecosystem in the world.
FIVB Bank international
Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball
Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032
1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T
4
The FIVB mission is:
To make volleyball a top tier global sport by building a platform that delivers world class
volleyball events and content while connecting all stakeholders to the best of volleyball
365 days a year, and creating a legacy of sporting, social & environmental impact.
We are constantly seeking to innovate and to further develop our events and products.
We are committed to “bringing the spectacle of volleyball to the world” by continuing to
invest in its events portfolio and its digital ecosystem. In recent years, the FIVB has
increased its relevance in the digital market following the successful launch of its OTT
platform, social media engagement and the evolving website.
The FIVB has entered a new era focused on spreading the culture of volleyball to wider
audiences. It aims to achieve this by enriching the overall sport experience and by
reaching out to new groups of fans/followers/consumers.
The FIVB is looking to continue this initiative through the FIVB Volleyball World
Championship 2022 by continuing its application of the latest technologies, including
state-of-the-art marketing and communication tools, and appealing to sports fans, media
and commercial partners through its enhanced sports experience.
1.2 Volleyball - a few facts
Sources: Nielsen SportsDNA FIVB Volleyball Barometer march 2020, Nielsen FIVB
consumer research.
Volleyball (volleyball & beach volleyball) is tied as the 2nd most popular team sport
with basketball finishing only behind football;
Volleyball (indoor) has a potential reach of more than 770 miliion fans globally;
84 % of fans have a strong interest in both men’s and women’s volleyball, making
it the most gender equal sport.
Volleyball fans are:
FIVB Bank international
Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball
Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032
1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T5
1.3 World Championships - History
In 2018, Japan hosted the 18th edition of the quadrennial FIVB Volleyball Women’s
World Championships, which was won by Serbia, while Italy and Bulgaria hosted the 19th
edition of the FIVB Volleyball Men’s World Championship, which was won by Poland. In
hosting the tournament, Italy and Bulgaria become the first joint hosts of a World
Championships.
The inaugural Men’s World Championships was hosted in 1949 in Prague and was
contested by 10 European nations. Three years later, the 1st edition of the women’s event
followed in 1952 in Moscow and was the first involving a team outside of Europe, India.
Now, the entire world has the opportunity to compete for a right to play in the Volleyball
World Championship. The current World Championships are held in the middle of the
four year cycle between the Summer Olympics and, while men’s and women’s
championships are played within the same year, they are usually held at slightly different
times and in different countries.
World Championships – Key Facts:
2018: 115 teams per gender entered the qualification process
2018: 24 teams per gender with a total of 666 players participated in the 2018
finals
FIVB Bank international
Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball
Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032
1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T6
2018: A total of 6832 hours broadcast time (men and women)
2018: A cumulative audience of 2.71 billion
2018: 197 matches broadcast on VBTV in full length
2014: The Men’s opening match was held in the Warsaw Football Stadium and
draw a record audience of 65’000 people, the tickets were sold in 100 minutes
• 2014: 563,263 tickets sold for the Men’s tournament
1.4 World Championships – Teams Qualification
The qualification process for the 2022 Volleyball World Championship is foreseen to be
streamlined and will be easier for our fans to understand. Details should be published
shortly on the FIVB website.
1.5 World Championships 2022 – Host Countries
Details:
Men’s World Championship:
o Host country Russia, 26 August – 11 September 2022
o 10 cities (Kaliningrad, Kazan, Kemerovo, Krasnoyarsk, Moscow (the finals),
Novosibirsk, St. Petersburg, Ufa, Yaroslavl’, Yekaterinburg)
Women’s World Championship:
o 2 host countries, 23 Sept – 15 October 2022
o The Netherlands will co-host the pool phase, quaterfinals, semifinals &
host the finals, 3 cities (Rotterdam and Apeldoorn for the pool phase,
Arnhem for the finals)
o Poland will co-host the pool phase, cities TBC
FIVB Bank international
Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball
Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032
1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T7
1.6 World Championship (WCH) – new
Positioning & Visual Identity
In line with the FIVB’s vision of growing the sport and attracting a larger and younger
audience, the positioning and visual identity of the World Championships has been
reworked.
1.6.1 WCH positioning
VOLLEYBALL BRAND IDEA: Act As One
Volleyball makes you come together as ONE – sparking extraordinary connections and
belonging on and beyond the court
WORLD CHAMPIONSHIP:
THE ESSENCE: The Best of Volleyball
THE BRAND IDEA: The Ultimate Elevation
FIVB Bank international
Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball
Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032
1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T8
THE BRAND STORY
FIVB Bank international
Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball
Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032
1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T9
1.6.2 WCH Visual Identity
Logo architecture
1.6.3 Iconic elements
The concept is to integrate the iconic element of national pride through the National Flags
or National Colours of the host countries.
FIVB Bank international
Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball
Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032
1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T10
1.7 The Promotional Plan
Key Milestones and event stakeholders:
FIVB Bank international
Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball
Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032
1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T11
Part 2: The Brief
2.1 Scope of Work
Develop the global promotional campaign for the FIVB Volleyball World Championships
2022.
Create the campaign key message and promise to the fans
Conceive an overarching and insightful concept to convey the event’s key
message
Create a dedicated promotional plan & inspirational tools to increase the event’s
awareness, interest and maximize public attendance (for further details please
refer to the annex section)
Even though the competition will take place in different countries, it is very important to
position this competition as one strong and consistent gender equal international event:
One positioning (already defined, see above chapter 1.6)
One overarching campaign with one key message
Extensions of the campaign to ensure local relevancy (specific flexible bespoke
campaign assets to enable local organizers to promote locally)
More precisely:
Provide strategic recommendation for the campaign orchestration and phasing as
the campaign will live on an international level but, also, (and probably more
importantly) on a local level.
Create a storyline for the campaign including different stages: building interest,
launch of ticket sales, ticket sales period up to the start of the competition, during
the competition preliminary rounds, up to the finals, during the finals and after the
competition
Produce international assets and specific flexible bespoke campaign assets,
content, and activation ideas enabling local organizers to promote locally on
online and offline media
The notion of global gender equal competition is an important part of our sport, a
great advantage, and we would like to start communicating on it. (we have 1
FIVB Bank international
Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball
Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032
1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T12
competition name for both genders vs other sports that are running the women
world champs vs (men) world champs.
TBC – create the competition anthem
The campaign should be developed as “digital / mobile first”. Knowing that digital
will be the main promotional channel next to outdoor. (no tv media buying is
foreseen nevertheless the production of the main promotional video should
anticipate such need)
To increase efficiency of the campaign: need to provide a range of content (videos
& images) to avoid repetition and increase interest and engagement
Consider consequences of the Covid-19 pandemics in communicating the event
(safety etc.)
2.2 Campaign key objective
Promote the event in the most effective and adapted way as per target audience groups.
The key objective of the campaign: increase of awareness and interest in the event on a
global and local scale
Secondary objective: public attendance (ticket sales) and event viewers (user acquisition
on OTT platform and social media channels)
2.3 Target Audience and insights
Primary target:
Existing and prospective fans (please refer to the annex)
Secondary target:
Broadcasters (traditional e.g. NBC and new media e.g. Twitter)
Sponsors
Athletes
Media (as in journalists, bloggers, etc.)
FIVB Bank international
Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball
Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032
1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T13
2.4 Deliverables
A range of international and local, online and offline assets to build up the story and keep
the promotional campaign alive for eighteen (18) months.
Outdoor & print
Promotional video(s)
Online promotional assets
Social media content
Any innovative assets / formats can be considered
Other relevant assets depending on local habits and needs (radio, sms, etc.)
Sponsor activation
Host city promotion
2.5 Campaign KPI’s
Event interest and volleyball awareness: Through Global Consumer survey
Event interest and volleyball awareness: On-site survey on engagement
touchpoints, impact on interest of the event etc
Event interest and volleyball awareness: Google Analytics metrics such as
searches (see below)
Increase in market share (interest) across the period through consumer survey &
social listening
User acquisition:
o new organic & paid followers on owned channels
o engagement on acquisition assets
o Cost efficient CPA, and CPM
User Engagement: engagement and triggered actions on owned channels from all
users
Demographic: bringing the interest in the women’s World Championships to the
same level as the men’s e.g. in Poland
FIVB Bank international
Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball
Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032
1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T14
2.6 Planning
6 August 2020: RFP launch
21 August: confirmation of participation
7 September 2020: agencies’ presentations
20 September 2020: agencies selection for 2nd round
31 October 2020: validation of creative concept & selected agency
November – December 2020 : creative development
Production & assets deliery:
o First assets delivery for launch of promotion: Jan-Feb 2021
o Jan 2021 to August 2022: Then ongoing assets delivery as per promotional
plan still TBD
Competition start: 26 August 2022
2.7 Budget
RFP participation fee (agencies selected for the 2nd round): 5k CHF
Conception: 200-400k CHF
Production, global distribution including media plan: 1,5M CHF
Budget for the distribution and promotion in the host countries to be defined later
2.8 Evaluation of Proposals
The Evaluation Team will compare and evaluate all Proposals to determine the
Proponent's strength and ability to provide the Services in order to determine the
Proposal that is most advantageous to the FIVB.
The Evaluation Team will not be limited to the criteria referred to in this RFP. It may
consider other criteria that the team identifies as relevant during the evaluation
process. The Evaluation Team may apply the evaluation criteria on a comparative
basis, evaluating the Proposals by comparing one Proponent's Proposal to another
Proponent's Proposal.
FIVB Bank international
Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball
Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032
1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T15
2.9 Inquiries
All inquiries related to this RFP should be directed in writing to the person named
below (the “FIVB Representative”). Information obtained from any person or source
other than the FIVB Representative may not be relied upon.
Marketing Department
• Mrs. Elizaveta Bracht- elizaveta.bracht@fivb.com
• Mr. Nicolas Herbst- nicolas.herbst@fivb.com
2.10 Annex
Brochure WCH 2018
WCH 2018 Lookbook
FIVB Promotioanl Video
FIVB Act as One video
FIVB Bank international
Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball
Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032
1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T16
2.10.1 Demographics, Awareness & Interest
Global Awareness of the World Championships:
(Nielsen brand barometer 2020)
Russia - Local Awareness of the World Championships:
(Nielsen consumer research 2018)
FIVB Bank international
Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball
Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032
1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T17
The Netherlands - Local Awareness of the World Championships:
(Nielsen consumer research 2018)
Poland - Local Awareness of the World Championships:
(Nielsen consumer research 2018)
FIVB Bank international
Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball
Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032
1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T18 Part 3: Terms and Conditions of the RFP Introduction The Proponent herewith accepts and agrees that the present Terms and Conditions (“TnC”) govern the Proponent’s participation in this Request for Proposal as well as its possible appointment by (and agreement with) the FIVB. If the FIVB appoints the Proponent, a signed copy of the TnC and of the Proponent’s Proposal will be returned to the Proponent by the FIVB. 1. Request for Proposal (RFP) 1.1 No FIVB Obligation This RFP is not a tender and does not commit the FIVB in any way to select a Proponent, or to proceed to negotiations for an agreement, or to award any agreement. The FIVB reserves the complete right to, at any time, reject all Proposals, and to terminate this RFP process. 1.2 Proponent's Expenses Proponents are solely responsible for their own expenses in preparing and submitting Proposals, and for any meetings, negotiations or discussions with the FIVB or its representatives and consultants, relating to or arising from this RFP. The FIVB and its representatives, agents, consultants and advisors will not be liable to any Proponent for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the Proponent in preparing and submitting a Proposal, or participating in negotiations for an Agreement, or other activity related to or arising out of this RFP. Those Proponents that are selected as finalists by the FIVB (if any) shall receive a payment of CHF 5,000 each from the FIVB to be used on the Phase 2 Design Development. 1.3 No Agreement By submitting a Proposal and participating in the process as outlined in this RFP, Proponents expressly agree that no agreement of any kind is formed under or arises from this RFP prior to a formal appointment by FIVB as described in the RFP and in the Introduction of these TnC. 1.4 Conflict of Interest A Proponent shall disclose any actual or potential conflicts of interest and existing business relationships it may have with the FIVB, its elected or appointed officials, FIVB Bank international Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032 1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T
19 representatives, member federation officials and representatives or employees in its Proposal. The FIVB may rely on such disclosure. 1.5 Solicitation of FIVB Staff and Officials Proponents and their agents will not contact any member of the FIVB, including staff and elected officials or representatives with respect to this RFP, other than the FIVB Representative, at any time prior to the award of an agreement or the cancellation of this RFP. 1.6 Property and Confidentiality All proposals, supporting documentation and generally Proponent’s submissions to the FIVB prior to its appointment become the property of the FIVB and will not be returned to the Proponent. All submissions will be held in confidence by the FIVB unless otherwise required by law. 2. Agreement 2.1 Proposal The Proponent’s Proposal (“Proposal”) as formally accepted and countersigned by the FIVB is incorporated herein. In case of conflict or discrepancy, the RFP (including these TnC) shall prevail over the Proposal. 2.2 Term and Termination The Agreement commences on the date of the Proponent’s formal appointment by FIVB and, subject to earlier termination, expires on 31 December 2018. The FIVB may terminate the Agreement with immediate effect by written notice if any of the Proponent’s material obligations or duties are not duly performed to the entire satisfaction of the FIVB and in accordance with the terms of this Agreement, or if the decisions of the competent FIVB bodies are not duly respected. Notwithstanding such right of the FIVB, either party may terminate this Agreement by written notice: a) if the other party fails to comply with any of its material obligations hereunder and does not remedy such failure within ten (10) days (two (2) days during an Event) – after being called upon to do so by written notice; or b) the other party becomes bankrupt or insolvent or enters into liquidation (other than a voluntary liquidation for the purpose of reconstruction, amalgamation or similar reorganisation in respect of which a statutory declaration of solvency has been filed) or administration or takes any steps to enter into any composition or any arrangement of any kind with its creditors or any of them, or the other party has a receiver appointed over a portion or all of its property or assets, or an administrator is appointed by the other party, or the other party, its directors or a qualifying floating charge holder files at court a notice of intention to appoint an administrator, the other party ceases to exist or suffers any act similar to any of the above in any jurisdiction. FIVB Bank international Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032 1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T
20 The expiration or earlier termination of this Agreement shall be without prejudice to: a) any existing rights, remedies and/or claims that either party may have against the other and shall not relieve either party from fulfilling any of its obligations that accrued prior to such expiration or termination; and b) the coming into or continuance in force of any provision of this Agreement which is provided hereunder to come into or continue in force on or after the expiry or termination of this Agreement. All other rights and obligations of the Parties shall forthwith cease and come to an end. Upon the expiration or earlier termination of this Agreement, all of the rights and opportunities granted by the FIVB under this Agreement will automatically terminate and revert to the FIVB without further formality and the FIVB may deal with such rights as it deems fit unless otherwise agreed by the FIVB in writing. 2.3 Proponent’s obligations Proponent shall fully and timely perform all duties and obligations as specified in the RFP and the Proposal. Timely delivery is of the essence for the proper organisation of the Events. In exercising its rights and performing its obligations under this Agreement, the Proponent shall comply fully with all Applicable Laws, the FIVB Regulations as applicable from time to time and any relevant guidelines and/or instructions issued by or on behalf of the FIVB from time to time. Without limitation to the foregoing, the and/or instructions issued by or on behalf of the FIVB from time to time. Without limitation to the foregoing, the Proponent shall ensure that it does not cause the FIVB or any of its national federations or FIVB contractual partners (including without limitation sponsors, suppliers, broadcasters etc.) to breach any Applicable Laws. Upon any request from the FIVB, the Proponent shall provide reasonable evidence to the FIVB (at the Proponent’s cost) that any of its actions in implementing its rights hereunder shall not cause any such breach. 2.4 Sublicense FIVB has an exclusive and unlimited right to use (including legal registration in its own name) and sublicense any and all deliverables. The Proponent shall not have the right to transfer, assign, sub-contract or sub-license any of its rights or obligations hereunder or otherwise dispose of any of its rights, obligations or other interests hereunder to any third party that does not belong to the same Group of Companies of which the Proponent is a part of, without the prior written consent of the FIVB. The modification or change of the ownership or control of the capital stock of Proponent at any time during the Term of the agreement shall not constitute a reason for the termination of this Agreement, as long as such modification does not affect, limit or modify the ability of the Proponent to comply with the obligations established herein. 2.5 Marks “Marks” shall mean any emblem, mascot, legend, representation, including copyright thereof, denoting or identifying the FIVB and its competitions. The Marks are registered trademarks owned by the FIVB and/or protected by copyright laws. The Company shall FIVB Bank international Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032 1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T
21 not, by virtue of this Agreement, obtain or claim any title or any interest or license in or to the Marks. The Company acknowledges that each and every use of the Marks requires the FIVB’s prior written approval, to be provided at the FIVB’s sole discretion. The Company agrees that all such use shall inure to the benefit of the owner of the Marks. This term applies to any activity undertaken by the Company, whether hereunder or under any other agreement with the FIVB or a third party, in relation to any FIVB event. The Proponent acknowledges that it does not, by virtue of this Agreement or otherwise, obtain or claim any intellectual property rights or commercial rights relating to the FIVB or any Event (including logos of FIVB’s member federations, images of players, etc.). 2.6 Behaviour towards third parties The Proponent shall not use any of the rights granted under this Agreement in any manner that may, in the FIVB’s reasonable opinion, cause the general public to be confused or misled as to the products or services in respect of which the Proponent has been granted such rights. The Proponent may not use any advertising material (e.g. Proponent’s brochure) related to its agreement with the FIVB prior to receiving the written approval of the FIVB. Equally, the Company shall not use any of the rights granted hereunder in any manner that is contrary to public morals or which may reasonably be considered deceptive or misleading or which compromises or reflects unfavourably upon the good name, goodwill, reputation or image of the FIVB, any of the Events or the respective Organising Committees/Promoters. The Company shall not make any announcement relating to this Agreement or its subject matter without the prior written consent of the FIVB, such consent not to be unreasonably withheld. 2.7 Confidential Information “Confidential Information” means contents of this Agreement and any information and materials in whatever medium and whether written or oral which are obtained under or in connection with this Agreement. The Proponent and the FIVB agree that the particular contents and especially any financial details of this Agreement shall be confidential and, therefore, agree to undertake whatever measures are necessary to preserve confidentiality. The parties shall at all times (both during and after the Term) keep strictly confidential using at least the same standards of confidentiality as it applies to their own confidential information, any Confidential Information of the other party, whether disclosed in writing, orally or in any other form or format of which it becomes aware or which enters its possession. In this regard each party undertakes to the other that it shall: a) Not use any such Confidential Information of the other party for any purpose other than solely in the performance of its obligations and the exercise of its rights under this Agreement; and b) Not disclose any such Confidential Information of the other party to any third party at any time save for the purpose of performing its obligations and exercising its rights under this Agreement. This term shall not be understood as precluding the FIVB from drafting documents with similar wording of terms and FIVB Bank international Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032 1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T
22 conditions, to be used with other possible agencies, sponsors, etc. as part of the FIVB’s commercial programme. 2.8 Independent Contractors Nothing in this Agreement shall constitute either party the agent of the other, or create a partnership, joint venture or similar relationship between the parties, and neither party shall have the power to obligate or bind the other or to create a liability against the other in any manner or for any purpose whatsoever other than as expressly provided for herein. The parties hereto shall act in all respects as independent contractors. 2.9 Force majeure “Force Majeure event” means any act, event or omission that is beyond the reasonable or actual control of the party affected including any strike or labour disturbance (except of its own employees or contractors), lockout, fire, failure of public utility, abnormally inclement climate or weather conditions, flood, lightning, earthquake, subsistence, structural damage, natural disaster, act of god, government action (including any change to any applicable laws), riot, disease, epidemic/pandemic, civil commotion or armed conflict, war, terrorist action or the threat of any of the foregoing but excluding (in each case) any delegation and/or employment arrangements of such party (or any affiliate thereof) and the actions of such delegates and/or employees; the negligence of that party (or any employee or affiliate thereof); and the lack of funds of that party (or any employee or affiliate thereof). Neither party shall be liable to the other party hereunder for any loss or damage which may be suffered by the other party if the performance of its obligations hereunder is rendered impossible or delayed due to a Force Majeure event. The party claiming to be prevented or delayed in its performance of any of its obligations hereunder as a result of a Force Majeure event shall as soon as reasonably practicable notify the other party in writing of the reasons for the delay or failure (and, in the case of a delay in performance, the likely duration) and shall take all reasonable steps to overcome such delay or failure. The performance of the party claiming to be prevented or delayed in its performance of any obligation as a result of a Force Majeure event relating to those obligations which cannot be performed by reason of the Force Majeure event shall be suspended for the period that the Force Majeure event continues. The Proponent acknowledges and agrees that Matches and Events may be postponed or cancelled either as a result of a Force Majeure event or for any other reason and that the Company shall not have any claim against the FIVB or any right to compensation in relation to any such postponement or cancellation. 2.10 Liability The Proponent acknowledges and accepts that: a) the FIVB has procedures for dealing with breaches of rules by Event organisers, national federations, teams, officials and players and that, notwithstanding any other provision of this Agreement, the Proponent FIVB Bank international Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032 1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T
23 shall not have any claim against the FIVB or any right to compensation in relation to the consequences of any action performed by any organiser, player, coach, manager, official, team, national federation or other third party related to the Event; and b) the FIVB’s aggregate liability towards the Proponent hereunder is limited to the total amount of the Proponent’s monetary part of the Proposal. 2.11 Notifications All notices and statements to be given hereunder shall be given to the address of the Proponent as appears on the Proposal and to the FIVB Representative as set forth above, unless notification of a change of address is given in writing. Any notice shall be sent by fax or registered mail. In case of urgency or in the event that the Proponent has not completed its contact details or has not updated them, notification may be performed by the FIVB to the Proponent (but not vice-versa) through any possible means, including e- mail. 2.12 Representations and warranties The Parties represent and warrant to each other that: a) They have the right to enter into and to perform their obligations under this Agreement; b) To the best of their knowledge and belief the performance of their obligations under this Agreement will not place them in breach of any of their other contractual obligations; and c) They have obtained all necessary authorizations, approvals and consents required to enter into this Agreement and to perform all obligations hereunder. 2.13 Waiver Any waiver by either party of a breach of any provision of this Agreement shall be in writing and shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Failure by either party to insist upon strict adherence to any provision of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that provision or any other provision of this Agreement. 2.14 Amendment This Agreement, including this clause, may not be altered, amended or modified except in writing signed by duly authorized representatives of the Proponent and of the FIVB hereto. 2.15 Unenforceability If any provision contained in this Agreement is held for any reason to be unenforceable or void under the laws of any country, state or organisation, the validity of the remaining provisions hereof shall not be affected and shall remain in full force and effect, and this Agreement shall be construed as if such unenforceable provisions had not been contained therein, and the Parties shall negotiate in good faith to replace any unenforceable provision by such enforceable provision as has effect nearest to that of the provision being replaced. FIVB Bank international Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032 1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T
24 2.16 Further Acts The Proponent shall use its best endeavours to ensure that any necessary third party shall execute all such further documents and do all such further acts and things as are necessary to comply with its obligations. 2.17 Existing Contracts The Proponent recognizes its obligation to accept all existing contracts in force at the time of the execution of this Agreement, relating to the Event and concluded directly by the FIVB with other organizations and undertakes to comply with all conditions agreed upon in such contracts if requested by the FIVB. 2.18 Entire Agreement This Agreement constitutes the entire agreement between the Proponent and the FIVB relating to the subject matter hereof and supersede all previous representations, agreements, understandings, negotiations and proposals (including the Company’s Project Proposal), whether written or oral, exchanged between the Proponent and the FIVB regarding all subjects contained herein prior to the appointment of the Proponent by the FIVB, with the exception of the Proposal which is incorporated herein. Each party acknowledges that it has not relied on or been induced to enter into the agreement to collaborate by a representation, warranty or undertaking other than those expressly set out in the RFP (including these TnC) and in the Proponent’s Proposal. FIVB Bank international Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032 1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T
25 3. Provision applicable to the RFP and the Agreement 3.1 Governing law and jurisdiction The RFP and the Agreement are to be governed by and interpreted in accordance with the substantive laws of Switzerland, without regard to its conflict of law rules. Any dispute, controversy or claim arising out of or in relation to these terms shall be resolved by arbitration in accordance with the Code of Sports-Related Arbitration of the Court of Arbitration for Sport in force on the date when a “notice of arbitration” is submitted in accordance with those rules. The number of arbitrators shall be three. The seat of arbitration shall be Lausanne, Switzerland. The arbitral proceedings shall be conducted in English. Date ____________________ Place ____________________ For the Proponent For the FIVB Name: ________________________ Dr. Ary S. Graça F°. Title: _______________________ President Signature: ________________________ Signature: _______________________ FIVB Bank international Fédération Internationale de Volleyball Tel: +41 21 345 35 35 Propietaire: Fédération Internationale de Volleyball Chemin Edouard-Sandoz 2-4 Mail: info@fivb.ch IBAN: FR76 1026 8045 8012 7259 0020 032 1006 Lausanne, Swizerland Web: fivb.ch BIC: COURFR2T
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