DVS Interest Group - Agreement
Data Visualization Society (DVS) is a tax-exempt, nonprofit association, whose purposes are to foster a community where every member benefits from resources that support growth, refinement, and expansion of data visualization knowledge regardless of expertise level. This agreement constitutes the formal recognition of an organization as a DVS Interest Group and defines the rights and obligations of both DVS and DVS Interest Group.
1. Identity of the parties
In this agreement:
Data Visualization Society (DVS), is a Delaware nonprofit corporation (the "Association")
________ is “the Interest Group”
2. Purpose
The Interest Group and DVS each shall seek to mutually support the activities of the other. The Interest Group shall represent the interests of its constituency to the DVS. The declared goals of the Interest Group must be aligned with those of DVS.
3. GRANT OF INTEREST GROUP
3.1 Charter. DVS hereby grants a non-exclusive charter to “Interest Group” to be an affiliate of the DVS and Interest Group shall be authorized to use the designation "_________ DVS Interest Group," with authority to use such designation in connection with the activities authorized in this Agreement, subject to the following terms and conditions.
3.2 Topic. Interest Group shall represent DVS in the following focus area: _________________ .
3.3 Representation. Interest Group shall not make any representation on behalf of DVS, including, public statements. Such representation shall be made exclusively under the name of the Interest Group, unless a prior agreement is made with DVS for joint representation. In turn, DVS shall not make any representation on behalf of the Interest Group, unless a prior agreement is made with the particular group.
3.3.1 Use of Logo. Interest Group may use the DVS logo in the context of promoting affiliation with DVS, or promotion of DVS membership, programs, products or events. Any other use of the DVS logo requires prior permission. Permission may be obtained by submitting a written request to the Membership Director, detailing the intended use of the logo.
3.4.1 Intellectual Property. The foregoing grant of a charter by DVS to Interest Group includes a limited right to use certain intellectual property of DVS, such as its trademarks or copyrights, subject to the terms and conditions in this Agreement.
3.5 Duration. This agreement must be renewed every one (1) year.
4. MEMBERSHIP
All members of the Interest Group are encouraged, but not required, to be members of the DVS. DVS requires that all of the Interest Group’s Executive Committee or Organizer have at least a basic (free) member status with DVS. This helps to ensure a connection between the Interest Group and DVS.
5. OBLIGATIONs OF DATA VISUALIZATION SOCIETY
5.1 Programs. DVS will promote Interest Group programs, such as meetings, webinars, conferences, workshops, or other programs as may from time to time be sponsored by DVS or Interest Group.
5.2 Member Recruitment. DVS will encourage its members to join as Interest Group members via promotion of opportunities on the Interest Group web page, and other marketing materials as deemed appropriate.
5.3 Resources. DVS may dedicate financial and operational resources to support hosting and programming costs of the Interest Group on a case-by-case basis upon request.
6. OBLIGATIONS OF interest group
6.1 Affiliate Status, Activities, and Purposes. Interest Group will conduct all of its activities under this Agreement in accordance with DVS Code of Conduct. Interest Group organizers should also be moderators for the group’s designated communication channel. Interest Group programming and activities shall seek to support DVS mission, vision and values, including DVS’ commitment to diversity, equity and inclusion. Additionally, Interest Group may develop its own mission, vision and values, as long as they align with those of DVS.
6.2 Compliance with Laws. Interest Group warrants that it has and shall continue to comply with all applicable laws, regulations, and other requirements that may affect its performance of this Agreement. Further, Interest Group warrants that it has obtained and will continue to maintain at its own expense, all permits, licenses, and other governmental approvals that may be required in the Territory in connection with its performance of this Agreement.
6.3 Programs. Interest Group should organize a program, at least once every six months, with at least four total programs within a one-year period. Programs should typically be free to participants, with possible exceptions of workshops or related activities with material costs that need to be covered. Programs should not be profit-making ventures for organizers.
6.4 Members. Interest Group should maintain a minimum of two (2) co-organizers and three (3) members, which number may be changed from time to time upon the written agreement of the DVS and Interest Group.
6.5 Communication Channel. Interest Group should have a dedicated communication channel to engage with its members. The communication channel should be listed and accessible by any DVS members who would like to participate.
7. RECOMMENDATIONS FOR interest group
The following items are recommended, but are not required for Interest Group. DVS does not require proof of any of these items.
Programs
DVS highly recommends, but does not require Interest Group to track event attendance and success. The primary functions of monitoring should be: 1) for the group’s use in planning future events and 2) sharing recommendations and ideas with other DVS Interest Group.
Nightingale
DVS highly recommends, but does not require Interest Group to write an article for Nightingale to either promote or recap the success of the Interest Group program.
Communications
DVS highly recommends, but does not require Interest Group to establish a communication channel within DVS Slack under #topic section. Co-organizers are highly recommended to provide updates under #connect-meetup-leads channel.
8. TERMINATION OF AGREEMENT BY REVOCATION OR SURRENDER OF CHARTER
8.1 Revocation of Affiliate Charter. The charter granted to the Interest Group by DVS, with all of its attendant rights and obligations, shall remain in full force and effect, unless revoked by DVS or surrendered by the Interest Group in accordance with the following provisions. The DVS, through its Board of Directors, shall have authority to revoke Affiliate's charter if the Board determines that the conduct of Interest Group is in violation of this Agreement. Any decision by DVS to revoke Interest Group’s charter shall be initiated by the sending of written notice to the Interest Group specifying the grounds upon which such revocation would be based; provided, however, that DVS shall give Interest Group 60 days from such notice to cure any alleged breach of the Agreement. In the event DVS determines that Interest Group has not corrected the condition leading to its decision to revoke the Interest Group’s charter, such decision will become final unless Interest Group files a notice to appeal such determination. Upon the filing of such notice, Interest Group shall have the opportunity to present its case, by written communication or in person, to the Board of Directors of the Association upon such rules or procedures as the Board may from time to time prescribe. The decision of the Board shall be final and appeal may not be taken to any other forum.
8.2 Surrender of Affiliate Charter. Interest Group may surrender its charter by delivering notice of its intention to do so at least 60 days in advance of the effective date of such action.
8.3 Associations Rights after Surrender or Revocation. After any such surrender or revocation of Interest Group’s charter with DVS, DVS shall have the right to notify each member of the Interest Group of such surrender or revocation and shall have the authority to approve a new group of such members to replace the former Interest Group. In no event shall the Interest Group continue to represent its members or any other members of DVS as a DVS Interest Group, or compete in any other way in the relevant industry or profession, for at least one year after the suspension of revocation becomes effective. Revocation only applies to the affiliation with DVS, not the legal charter of the entity.
9. WARRANTY; LIMITATION OF LIABILITY
9.1 WARRANTY. DVS MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) CONCERNING ANY EDUCATIONAL MATERIALS, EDUCATIONAL PROGRAMS, MEMBERSHIP PUBLICATIONS OR ANY OTHER ARTICLE OR SERVICE PROVIDED HEREUNDER. ALL GUARANTEES, WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, LAW, COMMERCIAL USAGE OR OTHERWISE ARE HEREBY EXCLUDED.
9.2 LIMITATION OF LIABILITY. AFFILIATE ACKNOWLEDGES AND AGREES THAT DVS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES WHICH AFFILIATE MAY INCUR FROM ANY CAUSE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE). IN NO EVENT SHALL DVS BE LIABLE TO ANY PERSON FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF PRODUCTION, LOSS OF GOODWILL, OR INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND.
10. MISCELLANEOUS
10.1 Successors and Assigns. This Agreement shall insure to the benefit of DVS, its successors and assigns, and DVS may assign all or any portion of this Agreement and its duties hereunder upon written notice of any such assignment. Interest Group may not sublicense or assign any of its rights or obligations under this Agreement without the prior written consent of DVS.
How to contact us
If you have any questions about DVS’s Interest Group agreement, please do not hesitate to contact us.
Email us at: membership@datavisualizationsociety.org
Last updated: 2022-04-11