Memorandum of Agreement 2018-2023: Difference between revisions

Line 67:

==3. LOANS AND GRANTS==

The Association may apply to the University from time to time for loans and grants in aid of activities or projects, the granting of which shall be in the sole discretion of the University.

==4. INSURANCE==

:{{hanging indent|text=4.1. The Association shall ensure that its officers and employees are covered under the terms of an Employee Dishonesty Policy with a reputable licensed insurer, to maintain such policy in force at all times during the term of the present Agreement and to provide the University each year with a copy of such policy.}}

:{{hanging indent|text=4.2. The Association shall be solely responsible for obtaining appropriate insurance necessary to conduct its activities, including and without limitation, comprehensive general liability insurance including but not limited to libel, slander, defamation of character, loss of property damages and personal damages, and shall name the University as '''Additional Insured.''' }}

:{{hanging indent|text=4.3. The Association shall provide evidence of coverage upon execution of the Agreement and '''annually thereafterto the McGill Risk Management''' and Insurance Office. Evidence shall take the form of true copies of the relevant insurance policy or renewal certificate, as the case may be. }}

:{{hanging indent|text=4.4. The Association shall hold harmless the University, its officers, employees and agents of and from any and all suits, claims or demands, and reasonable costs and expenses that may arise by reason of the operation of activities of the Association, or any act, neglect, omission of the Association, its directors, officers, employees, agents or persons engaged or retained by it.}}

==5. MAINTENANCE AND AUDITING OF ACCOUNTS==

:{{hanging indent|text=5.1. All financial records, books and accounts of the Association shall be maintained in accordance with generally accepted accounting principles consistently applied.}}

:{{hanging indent|text=5.2. The Association shall provide the Deputy-Provost (Student Life and Learning) with a copy of its annual audited financial statements within 120 calendar days of each financial year end. The Association’s financial year end is April 30.}}

:{{hanging indent|text=5.3. Upon reasonable notice from the University, and upon reasonable cause, the Association shall make available for audit at no cost to the Association all documents relating to:}}

:::a) current contracts and expenditures;

:::b) projected contracts and expenditures; and

:::c) books, records and accounts.

:{{hanging indent|text=5.4. The Association shall engage the services of a reputable auditing firm or chartered accountant in good standing with the '''Order of Chartered Accountants of Québec''' to prepare the Association’s annual financial statement. The Association shall advise the University of the name of the auditing firm or chartered accountant. In the event the University does not find that firm or the chartered accountant acceptable, the Association shall appoint another firm or chartered accountant acceptable to the University.}}

==6. USE OF THE MCGILL NAME OR EMBLEM==

:{{hanging indent|text=6.1. The Association recognizes that the University is the owner of the intellectual property in the word "McGill" and the McGill trademarks which are duly protected by the ''Trademarks Act''. }}

:{{hanging indent|text=6.2. On a nonexclusive basis and solely in connection with its activities related to its role as a student association, and in accordance with this Agreement, the University hereby grants the Association the right to use the word "McGill" in its name "'''''THE ENGINEERING UNDERGRADUATE SOCIETY OF McGILL UNIVERSITY INC. / L'ASSOCIATION DES ÉTUDIANTS ET ÉTUDIANTES EN GÉNIE DE L'UNIVERSITÉ McGILL INC'''''". The present grant is not assignable.}}

:{{hanging indent|text=6.3. The Association's name or logo shall be distinct from that of the University’s in such a way that it does not cause confusion between the University and the Association. A copy of the Association’s approved logo and trademark appears in '''Appendix C.'''}}

:{{hanging indent|text=6.4. The University recognizes that the EUS is the owner of the intellectual property of its name and trademarks, which are duly protected by ''the trademarks'' act so long as they conform with the representations of articles 6.2 and 6.3 of the present agreement. }}

:{{hanging indent|text=6.5. The Association shall consult with the University, with sufficient time, before altering its logo or trademark;}}

:{{hanging indent|text=6.6. On a non-assignable and non-exclusive basis, for the term of this Agreement and in accordance with its conditions, the University hereby grants approval of the names of the Association’s groups, clubs or services (“the Groups”) permission to use “McGill” in their names under the following conditions: }}

:::{{hanging indent|text=(i) Each of the Groups shall identify themselves, in all their representations, as a group of the Association using the form}}

:::''A [e.g. club, service, activity] of the EUS (Engineering Students’ Society)” an undergraduate students’ association at McGill University”''

:::''Or ''

:::''“Operated by the EUS (Engineering Students’ Society), an undergraduate students’ association at McGill University.” ''

:::{{hanging indent|text=(ii) Groups wishing to use the McGill name shall register the name and a description of the Group’s activities with the Office of Student Life and Learning using the provided web form found on the Student Associations section of the McGill Student Life and Learning website.}}

:::{{hanging indent|text=(iii) Groups wishing to use the McGill name shall do so under the understanding that they must comply with all McGill applicable policies and procedures, including the Code of Student Conduct, and will endeavor to not bring the McGill name into disrepute.}}

:::{{hanging indent|text=(iv) The Association or the Clubs shall not use of the name "McGill” in relation to any sport or team, except where permission is granted in writing by the Deputy Provost (Student Life and Learning).}}

:::{{hanging indent|text=(v) McGill reserves the right to withdraw such permission to use the McGill name at any time and for whatever reason, subject to notice and discussion with the Association.}}

:::{{hanging indent|text=(vi) Groups shall not form a corporation using the McGill name}}

:::{{hanging indent|text=(vii) The conditions set out for the use of the “McGill” name do not extend to the use of the McGill logo.}}

:{{hanging indent|text=6.7 Neither the Association, nor any of the Groups, shall use the name of the University for any other purpose than those contemplated in this agreement without the prior written consent of the Deputy Provost (Student Life and Learning). }}

:{{hanging indent|text=6.8 The Association shall provide a list of all the Groups upon the request of the University at any time to monitor compliance with this Agreement.}}

:{{hanging indent|text=6.9 For all Groups, and for all their activities, services, offerings, advertisements and websites, the Association shall respect the rights of the University as owner of the trade name "McGill".}}

:{{hanging indent|text=6.10 For '''event-specific permission''' to use the name, or trademarks of the University, outside of the terms of this Agreement, the Association shall obtain express prior written consent from the Deputy-Provost (Student Life and Learning). Permission shall be granted at the University’s discretion and, where granted, is time-limited and not assignable. McGill reserves the right to withdraw such permission at any time and for whatever reason.}}

:{{hanging indent|text=6.11 Only one email address for each club, group or service may be requested and shall take the form: [initials].eus@mail.mcgill.ca]}}

:{{hanging indent|text=6.12 The Association shall ensure that all Clubs are made aware of the conditions for the use of the McGill name or trademark, as outlined in this Agreement and the Association correct any misuse within two (2) weeks from the Association becoming made aware of the misuse. }}

[[Category:Other Documents]]

@@ Line 67: / Line 67: @@
 ==3. LOANS AND GRANTS==
 The Association may apply to the University from time to time for loans and grants in aid of activities or projects, the granting of which shall be in the sole discretion of the University.
+==4. INSURANCE==
+:{{hanging indent|text=4.1.	The Association shall ensure that its officers and employees are covered under the terms of an Employee Dishonesty Policy with a reputable licensed insurer, to maintain such policy in force at all times during the term of the present Agreement and to provide the University each year with a copy of such policy.}}
+:{{hanging indent|text=4.2.	The Association shall be solely responsible for obtaining appropriate insurance necessary to conduct its activities, including and without limitation, comprehensive general liability insurance including but not limited to libel, slander, defamation of character, loss of property damages and personal damages, and shall name the University as '''Additional Insured.''' }}
+:{{hanging indent|text=4.3.	The Association shall provide evidence of coverage upon execution of the Agreement and '''annually thereafterto the McGill Risk Management''' and Insurance Office. Evidence shall take the form of true copies of the relevant insurance policy or renewal certificate, as the case may be. }}
+:{{hanging indent|text=4.4.	The Association shall hold harmless the University, its officers, employees and agents of and from any and all suits, claims or demands, and reasonable costs and expenses that may arise by reason of the operation of activities of the Association, or any act, neglect, omission of the Association, its directors, officers, employees, agents or persons engaged or retained by it.}}
+==5. MAINTENANCE AND AUDITING OF ACCOUNTS==
+:{{hanging indent|text=5.1.	All financial records, books and accounts of the Association shall be maintained in accordance with generally accepted accounting principles consistently applied.}}
+:{{hanging indent|text=5.2.	The Association shall provide the Deputy-Provost (Student Life and Learning) with a copy of its annual audited financial statements within 120 calendar days of each financial year end. The Association’s financial year end is April 30.}}
+:{{hanging indent|text=5.3.	Upon reasonable notice from the University, and upon reasonable cause, the Association shall make available for audit at no cost to the Association all documents relating to:}}
+:::a)	current contracts and expenditures;
+:::b)	projected contracts and expenditures; and
+:::c)	books, records and accounts.
+:{{hanging indent|text=5.4.	The Association shall engage the services of a reputable auditing firm or chartered accountant in good standing with the '''Order of Chartered Accountants of Québec''' to prepare the Association’s annual financial statement. The Association shall advise the University of the name of the auditing firm or chartered accountant. In the event the University does not find that firm or the chartered accountant acceptable, the Association shall appoint another firm or chartered accountant acceptable to the University.}}
+==6. USE OF THE MCGILL NAME OR EMBLEM==
+:{{hanging indent|text=6.1.	The Association recognizes that the University is the owner of the intellectual property in the word "McGill" and the McGill trademarks which are duly protected by the ''Trademarks Act''. }}
+:{{hanging indent|text=6.2.	On a nonexclusive basis and solely in connection with its activities related to its role as a student association, and in accordance with this Agreement, the University hereby grants the Association the right to use the word "McGill" in its name "'''''THE ENGINEERING UNDERGRADUATE SOCIETY OF McGILL UNIVERSITY INC. / L'ASSOCIATION DES ÉTUDIANTS ET ÉTUDIANTES EN GÉNIE DE L'UNIVERSITÉ McGILL INC'''''". The present grant is not assignable.}}
+:{{hanging indent|text=6.3.	The Association's name or logo shall be distinct from that of the University’s in such a way that it does not cause confusion between the University and the Association. A copy of the Association’s approved logo and trademark appears in '''Appendix C.'''}}
+:{{hanging indent|text=6.4.	The University recognizes that the EUS is the owner of the intellectual property of its name and trademarks, which are duly protected by ''the trademarks'' act so long as they conform with the representations of articles 6.2 and 6.3 of the present agreement. }}
+:{{hanging indent|text=6.5.	The Association shall consult with the University, with sufficient time, before altering its logo or trademark;}}
+:{{hanging indent|text=6.6.	On a non-assignable and non-exclusive basis, for the term of this Agreement and in accordance with its conditions, the University hereby grants approval of the names of the Association’s groups, clubs or services (“the Groups”) permission to use “McGill” in their names under the following conditions: }}
+:::{{hanging indent|text=(i)	Each of the Groups shall identify themselves, in all their representations, as a group of the Association using the form}}
+:::''A [e.g. club, service, activity] of the EUS (Engineering Students’ Society)” an undergraduate students’ association at McGill University”''
+:::''Or ''
+:::''“Operated by the EUS (Engineering Students’ Society), an undergraduate students’ association at McGill University.” ''
+:::{{hanging indent|text=(ii)	  Groups wishing to use the McGill name shall register the name and a description of the Group’s activities with the Office of Student Life and Learning using the provided web form found on the Student Associations section of the McGill Student Life and Learning website.}}
+:::{{hanging indent|text=(iii)	Groups wishing to use the McGill name shall do so under the understanding that they must comply with all McGill applicable policies and procedures, including the Code of Student Conduct, and will endeavor to not bring the McGill name into disrepute.}}
+:::{{hanging indent|text=(iv)	The Association or the Clubs shall not use of the name "McGill” in relation to any sport or team, except where permission is granted in writing by the Deputy Provost (Student Life and Learning).}}
+:::{{hanging indent|text=(v)	McGill reserves the right to withdraw such permission to use the McGill name at any time and for whatever reason, subject to notice and discussion with the Association.}}
+:::{{hanging indent|text=(vi)	Groups shall not form a corporation using the McGill name}}
+:::{{hanging indent|text=(vii)	The conditions set out for the use of the “McGill” name do not extend to the use of the McGill logo.}}
+:{{hanging indent|text=6.7	Neither the Association, nor any of the Groups, shall use the name of the University for any other purpose than those contemplated in this agreement without the prior written consent of the Deputy Provost (Student Life and Learning). }}
+:{{hanging indent|text=6.8	The Association shall provide a list of all the Groups upon the request of the University at any time to monitor compliance with this Agreement.}}
+:{{hanging indent|text=6.9	For all Groups, and for all their activities, services, offerings, advertisements and websites, the Association shall respect the rights of the University as owner of the trade name "McGill".}}
+:{{hanging indent|text=6.10	For '''event-specific permission''' to use the name, or trademarks of the University, outside of the terms of this Agreement, the Association shall obtain express prior written consent from the Deputy-Provost (Student Life and Learning). Permission shall be granted at the University’s discretion and, where granted, is time-limited and not assignable. McGill reserves the right to withdraw such permission at any time and for whatever reason.}}
+:{{hanging indent|text=6.11	Only one email address for each club, group or service may be requested and shall take the form: [initials].eus@mail.mcgill.ca]}}
+:{{hanging indent|text=6.12	The Association shall ensure that all Clubs are made aware of the conditions for the use of the McGill name or trademark, as outlined in this Agreement and the Association correct any misuse within two (2) weeks from the Association becoming made aware of the misuse. }}
 [[Category:Other Documents]]