OWASP NYC AppSec 2008 Conference/speakeragreement

OWASP 2008 USA, NYC CONFERENCE SPEAKER AGREEMENT OWASP CONFERENCE ORGANIZERS MUST CONSENT TO ALL SPEAKER SUBSTITUTIONS. AS A SPEAKER AT THE OWASP CONFERENCE I ACCEPT THE TERMS CONTAINED IN THIS SPEAKER AGREEMENT. BY REPLYING TO THIS MESSAGE IN THE AFFIRMATIVE, 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 OWASP CONFERENCE, IN WHICH EVENT I WILL REPLY TO THIS MESSAGE IN THE NEGATIVE. SPEAKER’S RELEASE  I accept the offer of the OWASP Foundation to participate as a speaker at the OWASP 2008 USA, NYC subject to the terms and conditions set forth herein.

As a speaker at OWASP 2008 USA, NYC Conference, I will receive (1) Full Conference pass and no other remuneration. This Full Conference pass includes admission to all keynote sessions and track sessions. Even though I may participate in multiple sessions / panels, I will only receive one pass, and this pass is non-transferable a $400 value. I understand that the views and opinions expressed at the OWASP 2008 USA, NYC Conference will be mine and not those of OWASP. I agree to indemnify and hold harmless OWASP against any claims, losses, expenses or damages that may be incurred by OWASP as a result of my presentation. In particular, I agree that the use of any materials prepared by me will not expose OWASP to liability for breach of confidence for infringement of copyright or similar liability. Speakers may include their company name when introducing themselves, but may NOT include their logo on any visual and handout materials. Speakers 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 OWASP 2008 USA, NYC 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 situation 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 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 the unavoidable situation that I am unable to fulfill my commitment to speak, OWASP will find an alternate speaker for my session. If I end my employment or affiliation with my company or organization or fail to meet any established deadlines, OWASP reserves the right to replace me as a speaker with another speaker from my company or organization or from another company or organization. COPYRIGHT PERMISSION If my session includes a presentation, I will use the OWASP 2008 USA, NYC Conference PowerPoint template that can be obtained at: http://www.owasp.org/images/5/54/Presentation_template.ppt as the PowerPoint format for my presentation. I will submit to the OWASP Conferences Chair my presentation(s) in Microsoft PowerPoint format (required) no later than 9/01/2008. Should the presentation change after it has been submitted, I agree to notify the OWASP Conferences Chair that the presentation has changed and I will submit the changed presentation as soon as feasible and at least 24 hours prior to my scheduled session(s) with a summary of the changes. All presentations will be made available and posted to the OWASP Foundation website at www.owasp.org I understand that OWASP may record (audio and/or video) the OWASP 2008 USA, NYC Conference proceedings, and, that my presentation could be included in any reproduction of the OWASP 2008 USA, NYC Conference materials. I hereby authorize the OWASP Foundation to capture my presentation on audio/visual format or a combination thereof for presentation by OWASP Conference Organizers. Accordingly, I grant the OWASP Foundation the right to: Reproduce and distribute the handout materials in any format including paper and electronic formats to any audience. Distribute written materials to participants of the OWASP Conferences. I UNDERSTAND THE FOLLOWING: I will not receive any monetary compensation for speaking at the OWASP 2008 USA, NYC Conference. This includes any travel expenses such as airfare, housing, or any other daily expenses incurred while attending any OWASP Conference.

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. The governing language of this Agreement, the Service, the Application and the Documentation is English. Les parties aux présentes confirment leur volonté que ce contrat de même que tous les documents y compris tout avis qui s’y rattachent soient rédigés en langue anglaise. (translation: “The parties confirm that this Agreement and all related documentation is and will be in the English language”). 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 OWASP, 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. Speaker agreements must be signed, dated and returned via to 973-795-1047 or digital image can be scanned and emailed to tomb(at)owasp.org.

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 OWASP 2008 USA, NYC Conference September 22nd-25th 2008.

TO WITHDRAW AS A SPEAKER FOR THIS EVENT CALL 973-795-1046 x112 or email tomb(at)owasp.org if you are unable to agree to these terms.

Sincerly, The OWASP Foundation OWASP 2008 USA, NYC Conference