DVS Local Affiliated 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 Local Affiliated Group and defines the rights and obligations of both DVS and DVS Local Affiliated Group.
1. Identity of the parties
In this agreement:
Data Visualization Society (DVS), is a Delaware nonprofit corporation (the "Association")
________ is “the Local Affiliated Group”
2. Purpose
The Local Affiliated Group and DVS each shall seek to mutually support the activities of the other. The Local Affiliated Group shall represent the interests of its constituency to the DVS. The declared goals of the Local Affiliated Group must be aligned with those of DVS.
3. GRANT OF LOCAL Affiliated Group
3.1 Charter. DVS hereby grants a non-exclusive charter to “Local Affiliated Group” to be an affiliate of the DVS and Local Affiliated Group shall be authorized to use the designation "_________ DVS Local Affiliated 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 Region. Local Affiliated Group shall represent DVS in the following region: _________________ .
3.3 Representation. Local Affiliated Group shall not make any representation on behalf of DVS, including, public statements. Such representation shall be made exclusively under the name of the Local Affiliated Group, unless a prior agreement is made with DVS for joint representation. In turn, DVS shall not make any representation on behalf of the Local Affiliated Group, unless a prior agreement is made with the particular group.
3.3.1 Use of Logo. Local Affiliated 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 Local Affiliated 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 Local Affiliated Group are encouraged, but not required, to be members of the DVS. DVS requires that all of the Local Affiliated Group’s Executive Committee or Organizer have at least a basic (free) member status with DVS. This helps to ensure a connection between the Local Affiliated Group and DVS.
5. OBLIGATIONS OF DATA VISUALIZATION SOCIETY
5.1 Programs. DVS will promote Local Affiliated Group programs, such as meetings, webinars, conferences, workshops, or other programs as may from time to time be sponsored by DVS or Local Affiliated Group.
5.2 Member Recruitment. DVS will encourage its members to join as Local Affiliated Group members via promotion of opportunities on the Local Affiliated 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 Local Affiliated Group on a case-by-case basis upon request.
6. OBLIGATIONS OF AFFILIATE
6.1 Affiliate Status, Activities, and Purposes. Local Affiliated Group will conduct all of its activities under this Agreement in accordance with DVS Code of Conduct. Local Affiliated Group organizers should also be moderators for the group’s designated communication channel. Local Affiliated Group programming and activities shall seek to support DVS mission, vision and values, including DVS’ commitment to diversity, equity and inclusion. Additionally, Local Affiliated Group may develop its own mission, vision and values, as long as they align with those of DVS.
6.2 Compliance with Laws. Local Affiliated 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, Local Affiliated 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. Local Affiliated 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. Local Affiliated 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 Local Affiliated Group.
6.5 Communication Channel. Local Affiliated 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 AFFILIATE
The following items are recommended, but are not required for Local Affiliated Group. DVS does not require proof of any of these items.
Programs
DVS highly recommends, but does not require Local Affiliated 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 Local Affiliated Group.
Nightingale
DVS highly recommends, but does not require Local Affiliated Group to write an article for Nightingale to either promote or recap the success of the Local Affiliated Group program.
Communications
DVS highly recommends, but does not require Local Affiliated Group to establish a communication channel within DVS Slack under #location 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 Local Affiliated 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 Local Affiliated 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 Local Affiliated Group is in violation of this Agreement. Any decision by DVS to revoke Local Affiliated Group’s charter shall be initiated by the sending of written notice to the Local Affiliated Group specifying the grounds upon which such revocation would be based; provided, however, that DVS shall give Local Affiliated Group 60 days from such notice to cure any alleged breach of the Agreement. In the event DVS determines that Local Affiliated Group has not corrected the condition leading to its decision to revoke the Local Affiliated Group’s charter, such decision will become final unless Local Affiliated Group files a notice to appeal such determination. Upon the filing of such notice, Local Affiliated 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. Local Affiliated 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 Local Affiliated Group charter with DVS, DVS shall have the right to notify each member of the Local Affiliated Group of such surrender or revocation and shall have the authority to approve a new group of such members to replace the former Local Affiliated Group. In no event shall the Local Affiliated Group continue to represent its members or any other members of DVS as a DVS Local Affiliated 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. Local Affiliated 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 Local Affiliated Group agreement, please do not hesitate to contact us.
Email us at: membership@datavisualizationsociety.org
Last updated: 2022-04-11