Vitual Trainer Agreement

Form available online for signatory

I accept the offer of the OWASP Foundation Inc., (the “Company”) to participate as a conference keynote, speaker, or trainer (a “Presenter”) as part of the event listed below (“Conference”) subject to the terms and conditions set forth herein.

I agree to indemnify and hold harmless the Company against any claims, losses, expenses or damages that may be incurred by the Company as a result of my participating in Company events. In particular, I agree that the use of any materials prepared by me will not expose the Company to liability for breach of confidence for infringement of copyright or similar liability.

In the unavoidable situation that I am unable to fulfill my commitment to present, I will promptly notify the primary point of contact of the event via telephone/email so that the Company may find an alternate Presenter for my session. If I violate the terms of this agreement or fail to meet any established deadlines, the Company reserves the right to replace me as a Presenter with another presenter from my company or organization or from another company or organization at the sole discretion of the Company.

The Conference program, including dates and sessions times, is designed at the sole discretion of the Company. The Conference program is finalized no later than fourteen (14) days prior to the event and up until that time, any session can be moved or cancelled.

To successfully deliver my session, I may request contact information about my attendees including email addresses. I agree to ONLY use this information for the purposes of preparing and delivering materials needed for my session associated with this Conference. I additionally agree using attendee contact information in ANY OTHER MANNER, and in particular for soliciting future business, is EXPLICITLY prohibited and will be prosecuted to the fullest extent of the law. Furthermore I agree that any accepted attendee information provided is subject to GDPR terms and cannot be disclosed to any third party for any reason unless required by law.

REMUNERATION AND PAYMENT

As a TRAINER of an Virtual AppSec Days event, I am eligible for 50% of my session’s revenue up to a $3,500 remuneration, and then 20% of any additional session revenue. I must provide appropriate taxing authority documentation as needed for final payment such as a W-9 in the United States. I will not be reimbursed for any expenses incurred to deliver sessions for the Company’s Conference.

Any remuneration or expense reimbursement request must be submitted to the Company Service Desk (OSD) with appropriate documentation no sooner than ten (10), and no later than ninety (90) days following the event in which I present. Remuneration and reimbursements are subject to the policies and procedures of the Company.

CONTENT

I understand that the views and opinions expressed at the Conference will be mine and not those of the Company.

Presenters are encouraged to include their contact information when introducing themselves and their company logo if they want to on the corresponding slide, but are discouraged from including their logo on any other slide or handout materials. Presenters are to avoid any appearance of commercialism in their session and presentations are to be of a technical or solutions emphasis. Further, I understand that the program tracks of the Conference/event/chapter are an educational event, not a sales or marketing platform. I agree that my presentation(s) will be an objective review of the topic on which I am presenting, and will not contain any content that is a sales or promotional pitch for any specific product(s) or company(ies). My materials will also be reflective of the current status of the topic(s) I am addressing.

I agree that the information contained in my presentation(s) or related presentation materials (a) will be factual and not misleading, (b) will not violate any obligation of confidentiality that I (or my company or 2 organization) has with any third party, (c) will not violate the intellectual property of any third party and (d) will not defame any third party.

In addition, I agree that Company events are not an appropriate forum for disclosing vulnerabilities. I understand that presentations can discuss known vulnerabilities, types of vulnerabilities, new malicious uses of known vulnerabilities, and new vulnerabilities that span multiple products and standards. However, I will not discuss vulnerabilities in specific products. I agree to dedicate a substantial portion of my presentation to solutions for any issues raised.

I may use the handout materials, presentation, visual aids and any other material prepared by me for the above-mentioned presentation in any manner I desire, including publication. Papers and illustrations will not be returned.

I UNDERSTAND THE FOLLOWING:

The governing language of this Agreement, the Service, the Application and the Documentation is English.

Any claim, controversy or dispute arising out of or relating to this Agreement shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in Columbia, Maryland, U.S.A., in English, in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) and pursuant to this section. The arbitration shall be conducted by three (3) arbitrators, one to be appointed by the Company, one to be appointed by you and a third being nominated by the two arbitrators so selected or, if they cannot agree on a third arbitrator within the time specified in the AAA commercial arbitration rules, by the AAA; provided, however, that all arbitrators appointed pursuant to this provision shall be both: (i) a licensed attorney or former judge; and (ii) knowledgeable about, and experienced in, the software and/or Internet industry. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrators shall be executory, and judgment thereon may be entered by any court of competent jurisdiction notwithstanding anything contained in this provision to the contrary.

I AM CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF I DO NOT AGREE TO THESE TERMS, THEN I WILL NOT BE PERMITTED TO SPEAK AT THE COMPANY’S EVENT, IN WHICH INSTANCE I WILL NOTIFY THE COMPANY AND I UNDERSTAND I WILL NOT BE ABLE TO PRESENT AT THE EVENT AND WILL BE REPLACED AS A PRESENTER.

The OWASP Foundation Inc., 1200-C Agora Drive, #232 Bel Air, MD 21014 v 2020-03-31-online-trainer