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CAIDA Sponsorship Agreement

The following document template defines the relationship between CAIDA and CAIDA sponsors.

Date

Sponsor Name
Sponsor Address
Address Line #2
Address Line #3

CAIDA SPONSORSHIP AGREEMENT

This Agreement is effective this ___ day of _____ by and between _____________________ ("Participant") having its principal office at _______________________________ ____________

And the Regents of the University of California, on behalf of the University of California, San Diego ("University").

WHEREAS, Participant desires to provide financial support for the Cooperative Association for Internet Data Analysis ("CAIDA") which is located at the University's San Diego Supercomputer Center, and whose primary purpose is to address challenges relating to Internet traffic measurement and analysis and engineering-level cooperation within the Internet service industry; and

WHEREAS, University desires Participant to support CAIDA,

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Participant and University agree as follows:

Term of Agreement

The term of this Agreement shall be for a two year period from _____________ through __________ . Unless renewed by mutual written agreement of the parties, this Agreement will terminate at the end of the two-year period. Except as otherwise provided herein, the rights and obligations of the parties terminate upon expiration or early termination.

Participation Levels and Fees

Participant agrees to support CAIDA as:
_____ Affiliate; _____ Member; or ____ Sponsor
with benefits depending on the indicated level of participation.

Affiliate -- $15,000 ($7,500 annually)

Affiliates are entitled to the following benefits:
- access to Internet data collected by CAIDA (subject to Acceptable Use Policy for each type of data);
- early access to CAIDA's program plan and select publications;
- participation of a representative at each CAIDA-sponsored Internet Statistics and Metrics Analysis (ISMA) workshop;
Member -- $50,000 ($25,000 annually)

Members receive the Affiliate benefits (see above) plus the ability to send a participant to ISMA Workshops.

Members may participate in select research efforts and traffic measurement activities that are part of the CAIDA Program Plan. The level and conditions of this participation must be determined and agreed upon in advance.
Sponsor -- $200,000 ($100,000 annually)

Sponsors receive the Member benefits (see above) plus the ability to send a second participant to ISMA Workshops. Sponsors may also designate a special project of interest to them to be included into the CAIDA Program Plan.

Payment

Payment is due annually at the participation level elected by Participant, and shall be payable within thirty days after the start date in Article 1 above, and within thirty days of the beginning of the second year. Payment is to be made in cash, or, upon advance agreement of the University as to the type and value of non-cash support, in-kind contribution may be accepted. Checks should be made payable to "The Regents of the University of California" and sent directly to:

Darlene Piche
Membership Coordinator, CAIDA
University of California, San Diego
9500 Gilman Drive, Mail Code 0505
La Jolla, CA 92093-0505

CAIDA responsibilities

Funds received from Participant support of CAIDA activities shall be expended for CAIDA purposes at the discretion of the University and following specific description of a sponsored project (if agreed to in advance by parties).

Use of Name

Nothing contained in this Agreement shall be construed as conferring any right to use in advertising, publicity, or other promotional activities any name, trade name, trademark, or other designation of either party hereto (including contraction, abbreviation or simulation of any of the foregoing) except that each party may refer to the other in a press release relating to this Sponsorship Agreement. The parties agree to provide each other with advance courtesy copies of all proposed press releases relating to this Sponsorship Agreement.

Proprietary Data Ownership/Data Confidentiality

The terms and conditions for ownership of proprietary data and data confidentiality are set forth in the attached Proprietary Data Agreement (Dated October 2004), which is incorporated herein by reference.

Indemnification

Each party agrees to defend, indemnify and hold the other party harmless from and against any and all liability, losses, expenses, attorneys' fees, or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, or employees.

Limitation of Liability

University will exercise reasonable care to provide goods and/or establish and maintain services hereunder to Participant without error, interruption, or termination, however University is not liable for any damages resulting from or arising out of such errors, interruptions or termination of services, regardless of foreseeability or notice from Participant. Except for bodily injury or death to any person, or real or tangible property damage, negligently caused by or from the willful misconduct of Participant, Participant's liability for any and all damages including those referenced in Section 7, entitled: "Indemnification", under this Agreement or any Attachment hereto, shall be limited to proven direct damages not to exceed per claim (or in the aggregate during any twelve (12) month period) an amount equal to the total net payments payable by Participant during the twelve (12) months preceding the month in which the damage occurred. Neither party shall be liable for damages resulting from loss of data, loss of anticipated profits or any special, indirect, incidental or consequential damages. Except as provided above, UNIVERSITY IS PROVIDING THE GOODS AND SERVICES HEREUNDER ON AN 'AS IS' BASIS WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Termination and Surviving Obligations

Upon expiration or termination of this Agreement for any cause, all computer readable data supplied, generated, or created by Participant, or raw data collected and retained by University personnel from Participant's network shall be promptly transferred to Participant's designated site(s), or, at Participant's option, be deleted from University host systems. Participant may withdraw from participation in the CAIDA Program at any time thereby automatically terminating this Agreement, provided that early termination is contingent on payment of Year 2 fees. In the event of such early termination by Sponsor, there shall be no refund of any portion of annual fees already paid.

Accepted on behalf of Participant:	Accepted on behalf of The Regents of the
	University of California, UCSD CAIDA
By: _______________________________	By: _____________________________
Name: _____________________________	Name: ___________________________
Title: ______________________________	Title: ____________________________
Date: ______________________________	Date: ____________________________

Comments should be directed to info@caida.org