The MINT Collective Application :: Vendor

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Vendor Application Details

Applications for The MINT Collective are now Open! The application review process will take 1-2 weeks.
Please note this application does not guarantee space for The MINT Collective. 

Marketplace Schedule:
Saturday, 9am-7pm
Sunday, 9am-5pm

See here for additional package detail and information. 

6FT Table Packages
1 Table Package $325
2 Table Package $650
3 Table Package $975
4 Table Package $1300

8FT Table Packages
1 Table Package $375
2 Table Package $750
3 Table Package $1125
4 Table Package $1500

Booth Package
10' X 10' Booth $1200
Larger booth packages available on application.

Terms and Conditions and Disclaimer

THE MINT COLLECTIVE Exhibitor Terms and Conditions

Application” means the official Application Form for admission to the Marketplace, properly completed by an applicant for participation in the Marketplace and subject to written acceptance by Management, in its sole discretion.
Contract” means the contract between Management and Exhibitor consisting of the Application (as properly completed by an Applicant and accepted by Management), together with these Terms and Conditions and such other terms and conditions as may have been or will be specified by Management, including those set forth in the Exhibitor’s Manual, and all exhibits and schedules hereto (including but not limited to the Exhibitor Insurance Schedule), as the same may be amended, amended and restated, modified or supplemented from time to time.
Exhibitor” means the applicant accepted by Management for participation in the Marketplace. 
Exhibitor Fee” means the fee outlined in the Exhibitor application.
Exhibitor Insurance Schedule” means the schedule which may supplement these Terms and Conditions in the event Management determines, in it sole and reasonable discretion, that specific insurances requirements are required for Exhibitor’s participation in the Marketplace.
Exhibitor’s Manual” means the manual published by Management containing supplementary information for Exhibitors, as the same may be amended, amended and restated, modified or supplemented from time to time. “Exhibitor Space” means the physical space allocated by Management for display and/or sale of the Exhibitor Good as part of the Marketplace.
Force Majeure Event” means heavy rain leading to flooding, fire, earthquake, disease, epidemic, or pandemic (including, without limitation, H1N1 swine flu, H1N5 bird flu, COVID-19 (coronavirus) or other similar virus), accident, explosion, casualty, labor controversy (including, without limitation, threatened or actual lockout, boycott, or strike), government decision or decree or decision by any other relevant authority (including without limitation, any events rights holder), riot, civil disobedience or disturbance, war or armed conflict, terrorist act or threat of terrorism, delay of a common carrier, acts of God, or any other event or events beyond Management’s control.
Management” means IMG Worldwide, LLC and its parent, affiliate, and subsidiary companies.
Marketplaceor Event” means The MINT Collective central marketplace event for all Exhibitor goods to be displayed and sold, January 28 – 30, 20202 at the Venue.
Exhibitor Goods” means the collectible items which Exhibitors makes available for sale in the Marketplace. All Exhibitor Goods shall be pre-approved by Management.
Venue” means the MGM Grand Casino, and UFC Apex, Nevada.

These Exhibitor Terms and Conditions govern the participation by the Exhibitor in the Marketplace. Exhibitor agrees to be bound by and to comply with the Contract, including these Exhibitor Terms and Conditions. Management reserves the right to waive compliance with, and/or to amend, amend and restate, modify or supplement from time to time, any of the terms and conditions included in the Contract, whether generally or in any particular case. Waivers of compliance of any one or more of such terms and conditions may be granted by Management, in its sole and absolute discretion, but any such waiver will only be effective if given in writing. 

Payment/Cancellation Policy:  Exhibitor shall make the necessary payment to Management for the right to book the Exhibitor space as designated by the Exhibitor, the space booked is subject to change at the sole and absolute discretion of Management. Exhibitor acknowledges and agrees that: (i) payment in full of the Exhibitor Fee via GrowTix (or other designated application platform) must accompany the agreement to the terms outlined in the Exhibitor Contract; and (ii) the Exhibitor Space shall not be fully confirmed until such amount is paid in full. Exhibitor expressly acknowledges and agrees that Management reserves the right to refuse to let Exhibitor occupy the Exhibitor Space if Management has not received the full payment due from the Exhibitor.

Days/Hours of Operation:  Exhibitor agrees to keep the Exhibitor Space open, appropriately dressed and maintained, and always staffed during Event days/hours.  Event days are Friday evening January 28th, Saturday January 29th, and Sunday, January 30th, 2022.

Exhibitor Conduct; Removal: 

  • Exhibitor agrees that the Exhibitor Space shall be used solely to market/sell Exhibitor’s products and/or services as may be approved by Management All displays, including any items to be displayed within the Exhibitor Space, shall be subject to the approval of Management. Exhibitor acknowledges and agrees that Management has the right to restrict the distribution, sale or display of any item which Management deems objectionable (in its sole and absolute discretion) and that products of companies not exhibiting at the Event cannot be sold, displayed, and/or distributed without the prior written permission of Management.
  • Exhibitor agrees that they may not sell any misrepresented, forged, stolen, counterfeit merchandise of any kind.
  •  If, for any reason, the Exhibitor Space or its contents are deemed objectionable by Management, Exhibitor agrees that the Exhibit Space (or any portion thereof, including, without limitation, a particular product, item, person, thing, conduct, printed matter, or item which Management considers objectionable, is in conflict with an Event or Event sponsor or other agreements of Management, or for any reason Management deems is not in the best interest of the Event or the Marketplace) will be subject to removal by Management.
  • No products bearing Management’s (or any Management affiliate’s) or the Event’s trademark, name, logo, or any reference to such may be created, displayed, sold and/or distributed by Exhibitor without the prior written permission of Management. For clarity, nothing in this Contract shall grant Exhibitor any right or license to use, in any manner or medium, the name, trademark, logo, or other identifying marks or intellectual property of Management, any Management affiliate, or the Event. 
  • To maintain the appearance of the Event and Marketplace, as determined by Management, in its sole and absolute discretion, no lighting, furniture, equipment, walls, storage areas, or other property shall be used by Exhibitor at its Exhibitor Space unless approved in writing by Management in advance of the installation or placement of the same at or within the Exhibitor Space 
  • Exhibitor agrees not to use the Exhibitor Space for any market research or an illegal or immoral purpose or for betting or gaming or to conduct such activities at the Event or to engage in any violent, threatening, abusive, immoral, or otherwise inappropriate behavior.

  •  Exhibitor acknowledges that Management shall not be held liable for or required to refund Exhibitor any amounts in the case the Exhibit (or any portion thereof) is restricted and/or removed from the Event, or for any failure to use or occupy the Exhibit by Exhibitor as intended hereunder.

Exhibitor Non-Exclusivity:  Exhibitor acknowledges that Management may have entered into contractual agreements with third parties which grant such third parties certain exclusivity rights in connection with the Marketplace and/or the Event.  Exhibitor acknowledges that Management may refuse, reject, or cancel Exhibitor’s reservation of the Exhibitor Space (without any liability thereto), if Management determines such reservation may conflict with or be a breach or default under an agreement Management may have with any such third party.

Forfeiture of Exhibit:  Should an Exhibitor fail to occupy the Exhibit by Noon on Friday, January 28th, 2022, Exhibitor shall be deemed to have forfeited all right to occupy and use the Exhibitor Space, as well as any fees paid by Exhibitor to Management in connection therewith, and Management shall have no obligation to provide Exhibitor with access to the Exhibitor Space or any other make-good or refund benefit.

Management Cancellation: Without prejudice to Management’s other rights and remedies, Management reserves the right to cancel Exhibitor’s reservation of the Exhibit and terminate this Exhibitor Contract immediately, in its sole discretion, by written notice to Exhibitor, at any time if:

  • Exhibitor breaches any of the terms or conditions set forth in this Exhibitor Contract or otherwise fails to comply with this Exhibitor Contract or any other requirements set forth by Management or any of the Event Parties (hereinafter defined);
  •  Management determines that Exhibitor has acted in an unprofessional, unethical, or fraudulent manner and/or Management determines that Exhibitor’s actions may impair and/or be detrimental to the reputation, character, or standing of Management, the Event Parties (defined below), or the Event;
  • Management determines that Exhibitor’s acceptance into the Event was made under false or misleading circumstances;
  • Exhibitor ceases, changes, or otherwise defaults in its business operations for any reason;  or
  • The Event is cancelled, delayed, postponed, or altered for any reason (including, without limitation, a Force Majeure Event, subject to the terms of Section 15 herein).

In the case of termination of this Exhibitor Contract by Management pursuant to this Section, Management shall have no liability or obligation to Exhibitor hereunder (including any payment obligations).  Notwithstanding the foregoing, Management retains all discretion in exercising its right to retain payments and/or claim and collect outstanding funds in any and all instances of termination by Management.  

Exhibitor Cancellation: In the event that Exhibitor wishes to cancel its reservation of the Exhibitor Space, Exhibitor shall notify Management in writing immediately. Exhibitor agrees that in the event it cancels its reservation of the Exhibit, Management may apply cancellation charges to cover Management’s administrative services, and other costs related to the re-allocation of the Exhibit which Management may withhold from the portion of the Exhibit Fee paid by Exhibitor as of the date of such cancellation. 

Setup and Dismantling:  Unless otherwise stated by Management, Exhibitor is solely responsible, at its own expense, for installing and dismantling the Exhibitor Space and its own products and displays. All Exhibit materials must fit within the dimensions of the Exhibit. Management reserves the right to request that Exhibitor change the Exhibitor Space and approve such changes if the Exhibitor Space is not dressed according to the information supplied to Management prior to the set-up date.

Exhibitor shall return the Exhibitor Space to the same condition as received by Exhibitor.

Fire, Safety, and Health Regulations:  Exhibitor agrees to comply with local, city, state and/or federal laws, ordinances and regulations, the regulations of the Event venue, and the regulations of Management, including those related to fire, safety, health and all other matters. Exhibitor agrees that it will ensure that all Exhibitor (including Exhibitor Space) equipment and materials will be reasonably located within the Exhibit and protected by safety guards and devices where necessary or as Management may request.   Exhibitor acknowledges and agrees that Management may make reasonable changes to the Exhibit to ensure the Exhibit meets Event venue and governmental authority health, safety, fire, food hygiene and any other applicable standards.  Exhibitor also acknowledges that it (including any of its personnel) may be subject to certain safety measures (including, without limitation, execution of additional waivers or documentation, questionnaires, and/or testing/screening procedures), to be determined by Management in its sole discretion (the “Safety Measures”), as a condition of its entry to the Event venue and presentation of its Exhibit, and hereby fully agrees to comply with and adhere to the same.  Management shall not be in any way liable to Exhibitor or otherwise required to refund Exhibitor any portion of the Exhibit Fee for any failure to occupy the Exhibitor Space that results from or is otherwise related to Exhibitor’s non-compliance with the terms herein.

Assignment; Subletting of Exhibit:  Exhibitor may not assign, sublet, transfer or apportion (including by operation of law or otherwise) the whole or any part of the Exhibitor Space or this Exhibitor Contract or have representatives, equipment, or materials from any firm other than its own in the Exhibitor Space, in each case, without the prior written consent from Management.

Liability Exclusion; Indemnification; Waiver:  Exhibitor expressly agrees that all property, fixtures, fittings and other materials or items brought into the Event by Exhibitor (directly or indirectly) or its guests or invitees shall be done so at the sole risk of Exhibitor and/or its guests or invitees. Exhibitor acknowledges that neither Management nor Venue will be liable to Exhibitor for loss or damage to the Exhibitor Space, any property, fixtures, fittings, materials or other items therein or nearby from theft, fire, accident, or for any other reason. Additionally, Exhibitor acknowledges neither Management nor Venue shall be responsible for the death or personal injury to Exhibitor or its employees, guests, invitees, agents, representatives, contractors or subcontractors (the “Exhibitor Parties”) for any reason.

  •  Exhibitor agrees to indemnify, protect, defend, save and hold harmless Management, the Venue, and each of their respective affiliates, officers, directors, agents, representatives, or employees (“Event Parties”) from all claims, demands, damages, and liability of whatsoever kind of character claimed by any person or entity arising out of or related to: (i) the Exhibition Space (including any materials used, sold, distributed or displayed therein and the transportation, placing, removing or display therof), and Exhibitor’s/Exhibitor Parties’ use thereof; (ii) any property, fixtures, fittings, products, services, materials, or other items brought into the Event by Exhibitor or any Exhibitor Parties (directly or indirectly) or otherwise used by the same in connection with the Event;  (iii) any breach of a representation, warranty or covenant in this Exhibitor Contract; (iv) the negligence or willful misconduct of Exhibitor or any Exhibitor Parties; (v) Exhibitor’s and/or Exhibitor Parties’ failure to comply with applicable laws, rules, regulations, or policies; (vi) any breach of applicable privacy, security, or data protection laws, rules, or regulations by Exhibitor and/or Exhibit Parties, and/or any breach of security leading to the accidental, unauthorized, or unlawful destruction, loss, damage, or alteration, or unauthorized disclosure of or access to any data transmitted, stored, or otherwise processed by Exhibitor or any Exhibitor Parties which is caused by any act or omission of Exhibitor or any Exhibitor Parties; and/or (vii) any claim for infringement of intellectual property or proprietary rights of any third party, including, without limitation, copyrights and trademarks, for any items or materials created, used, and/or distributed by Exhibitor in connection with its participation at the Event (including, without limitation, any advertising or promotional material published by Exhibitor in connection therewith).
  •  Exhibitor fully understands, acknowledges, and agrees that Exhibitor’s participation at the Event may bear certain inherent risks including, without limitation, the risk of physical or mental/emotional injury, contraction of illness (such as COVID-19), economic loss or hardship or other lost opportunities (including economic, reputational, or otherwise, and/or death).  Exhibitor, for itself and on behalf of Exhibitor Parties, and its/their guests hereby voluntarily and freely accepts and assumes any and all such risks, whether known or unknown, in connection with its/their preparation for, travel for, attendance, participation and/or appearance at the Event, and in full knowledge and complete assumption thereof, hereby agrees that neither Exhibitor, nor the Exhibitor Parties, nor any of its/their guests and each of their respective related individuals or associated entities (collectively, the “Releasing Parties”), will sue or claim against the Event Entities for, and expressly, irrevocably, and unconditionally releases the Event Entities from, any and all claims, demands, damages, and liability of whatsoever kind of character related to the Exhibit, the Event, this Exhibitor Contract and/or the Event (including, without limitation, any injury (including death or disability), illness, damage, loss or harm to any Releasing Party resulting from or arising out of or in any way related to the same).


  •   Exhibitor agrees to maintain adequate insurance policies with appropriate limits respective of their work at the Event.
  • All policies, except for Workers Compensation, shall name Management and its parent, subsidiary, members, and affiliated companies, including their respective directors, officers, employees and agents as Additional Insureds. Each policy shall provide a waiver of subrogation in favor of such Additional Insureds which applies to all coverages. Exhibitors shall give Management prompt notice of at least thirty (30) days prior to any modification or cancellation of any insurance policies. Exhibitor agrees to furnish Management with certificates of insurance evidencing its compliance with this Insurance Schedule prior to arriving at the Venue, exact date specified by Management in the Exhibitor’s Manual.
  •  Management reserves the right to require certain minimum levels of insurance from Exhibitor dependent upon Exhibitor’s application, including but not limited to use of Exhibitor Space and Exhibitor Goods. In the event Management determines certain insurance is required, these Terms and Conditions shall be supplemented with the Exhibitor Insurance Schedule. For the avoidance of doubt, if these Terms and Conditions are supplements with the Exhibitor Insurance Schedule, Exhibitor agrees to comply and shall maintain all insurance as required therein.

 Force Majeure:

  • Subject to any other provisions herein, Exhibitor agrees that if Management should be prevented from holding the Event and/or the Event  or if Management is otherwise unable to offer Exhibitor the Exhibit as contemplated hereunder (including, without limitation, to the extent, the Event and/or the Event must be cancelled, delayed, modified, or postponed) due to circumstances beyond Management's control, including, but not limited to, , Management may, but shall in no way be obligated to, provide Exhibitor with a refund of any Exhibit Fee already paid by Exhibitor as of the announcement of the official cancellation, postponement, or modification of the Event and/or the Event; provided, however, that any refund Management may provide to Exhibitor in connection therewith shall be less Exhibitor’s proportionate share of Event expenses then accrued by Management.
  • Management reserves the right to cancel, abandon, postpone, extend, limit, or otherwise modify the Event and/or the Event (including Management’s offering of the Exhibit to Exhibitor) (each, a “Modification”) as a result of any Force Majeure Event which, in Management’s sole determination, affects Management’s ability to hold the Event and/or the Event as contemplated hereunder (including any planning related thereto).   In the event of any such Modification (in whole or in part), and/or, in the event Management is otherwise prevented from or interfered with from fully performing its duties hereunder by any Force Majeure Event, then Management’s obligations shall be suspended as often as any such Force Majeure Event occurs, and throughout such occurrence, Management shall not be in breach hereunder and will be under no liability to the Exhibitor in respect of any actions, damages, claims, losses, including, without limitation, consequential losses (including loss of profits), costs or expenses whatsoever which may be brought or suffered or incurred by the Exhibitor as the result thereof. In the event of a Force Majeure Event and/or any Modification of the Event and/or the Event in connection therewith, Management has the right to retain any payments made and to claim and collect any outstanding payments, and will use its discretion in exercising its right accordingly. 

Rules Interpretation:  Exhibitor acknowledges and agrees that Management shall have full power in the interpretation and enforcement of all rules or regulations related to the Event (including any set forth herein) and that Management may impose rules and regulations not set forth herein, as Management shall consider necessary or desirable (in its sole and absolute discretion) for the conduct of the Event, and Exhibitor agrees to strictly abide by any such rules and regulations.

Event Attendance: Exhibitor acknowledges that Management shall not be liable or held responsible for the failure of all or any other Event exhibitors to attend the Event or the failure of any number of attendees to attend the Event for any reasons and agrees that this Exhibitor Contract shall not be conditional on the presence, absence or location of any other Event exhibitor at the Event or the number of attendees at the Event.

Data Privacy: EXHIBITOR ACKNOWLEDGES THAT THEY MAY PROVIDE CERTAIN PERSONAL DATA TO MANAGEMENT.  EXHIBITOR EXPRESSLY CONSENTS TO THE USE AND STORAGE OF ANY PERSONAL DATA PROVIDED IN ACCORDANCE WITH MANAGEMENT’S PRIVACY POLICY (OR THAT OF ANY PARENT OR AFFILIATE THEREOF) AND ANY APPLICABLE DATA PRIVACY LAWS.  To the extent Exhibitor intends to collect, process, and/or otherwise use or store any personal data or other personally identifiable information at the Event or otherwise in connection with its participation thereat, Exhibitor shall do so in full compliance with all legal obligations and data protection laws, and only to the extent permitted by and in accordance with the same.

Media Rights: Exhibitor (for itself and on behalf of any employees, agents, representatives, contractors, subcontractors, suppliers or other individuals or entities who are present at the Event at the direction of or for the benefit of Exhibitor) irrevocably consents to: (i) its (or that of any such employees, agents, representatives, contractors, subcontractors, suppliers or other individuals or entities) appearance at the Event and/or the Event being filmed or recorded and incorporated and exploited, in whole or in part, in any television program, film, video, broadcast or other recording or use of whatever nature by all means for any purpose (including commercial) and in all media and formats now or invented after the date of this Exhibitor Contract, in each case, in perpetuity, worldwide and without consent thereto or any compensation in connection therewith; and (ii) the use and reproduction of Exhibitor's (or that of employees, agents, representatives, contractors, subcontractors, suppliers or other individuals or entities) name, logo, marks, likeness, appearance, photographs, or recordings by Management and/or any of its affiliates or licensees, by all means and in all media, for the purpose of advertising, publicity, commercial and/or any other use, including, without limitation in relation to the promotion of the Event (or similar Events in the future) and/or the promotion of the Event (and future events) and/or in products or recordings which may be sold or distributed by Management and/or any of its affiliates or licensees.

Other Representations; Warranties:

  • Exhibitor represents, warrants and/or covenants that: (i) it has the full power, right and authority to enter into and perform under this Exhibitor Contract and is not a party to any agreement which would conflict with its obligations hereunder, nor will Exhibitor’s participation hereunder infringe upon the rights of any third parties;  (ii) Exhibitor has the full power, right and authority to advertise or display or sell or distribute the materials, services, and/or products it will display at the Event and/or the Exhibit, including, without limitation, all relevant intellectual property rights related thereto; (iii) Exhibitor will not use, copy, display or otherwise reproduce any materials of or provided by Management or otherwise utilize or extract any information contained therein for any purposes without the prior written consent of Management; (iv) it shall comply with all applicable laws, rules, regulations, and policies in connection with its performance hereunder; and (v) any intellectual property rights (including any trademarks) of Exhibitor provided to Management or used by Management as agreed and/or placed on display at the Event or the Event shall not (a) infringe the copyright, trademark or other similar intellectual property right or any personal, proprietary, moral, privacy or other right, of any third party; (b) be in breach of any law, rule, statute or regulation, or (c) defame any person or organization.
  • Management will be under no liability to Exhibitor whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage (including damage or loss to any Exhibitor Goods) or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the Marketplace, including without limitation, interruption of the Marketplace, or this Contract, including without limitation, infringement of intellectual property or proprietary rights of any party, including, without limitation, copyright and trademark rights, except if directly caused by the gross negligence or willful misconduct of Management. For the avoidance of doubt, Exhibitor understands and agrees that Management has not made any warranty, guarantee, or otherwise with respect to the viewing and/or sales of Exhibitor’s Exhibitor Goods displayed at or in connection with the Marketplace.

 Venue Rules:

  • BROADCASTING/TAPING/RECORDING – No Exhibitor may broadcast (either live or on a delayed basis), tape or record on hotel property for any purpose (including any Breaking activity) or by any means without receiving written permission from MGM Grand and Event management.
  • TRADEMARK – No Exhibitor is authorized to use any trademark, trade name, nor service mark owned or registered by the other party, its parent, subsidiaries or affiliates. Neither party may, without prior written approval of the other party, copy, reproduce, distribute or use any trade name, trademark, copyrighted material, or service mark of the other party, its parent, subsidiaries, or affiliates.
  • UTILITIES – Venue shall manage all electrical for the Event. Exhibitor shall pay all electrical fees associated with the Exhibitor Space directly to Venue pursuant to Venue rules and regulations.
  • Exhibitor acknowledges and agrees that the Venue rules may be updated from time to time in Management and/or Venue’s sole and reasonable discretion.

Business License and Tax: The Exhibitor is responsible for ensuring full compliance will all Nevada State and Federal tax laws, including but not limited to obtaining applicable Nevada business license (or exemption) and retail sales tax. Management reservices the right to require evidence of such compliance prior to Exhibitor’s participation in the Marketplace.


  • Management may provide general security for the Event but Exhibitor assumes all risks associated with the Event and its exhibitions. 
  • Exhibitor shall engage only Management- appointed contractors or our in-house Venue contractors for any services required for the build and/or installation of the Exhibitor Space., unless otherwise pre-approved by Management in writing.
  • Furthermore, Management may in its sole discretion require Exhibitor to employ or utilize only union employees, or to employ or utilize only contractors, subcontractors, consultants, vendors or others employing union employees to set up and/or disassemble Exhibitor’s Space, install or remove any object(s) or exhibit(s) at or from the Venue or for any other purpose at the Venue in compliance with Management’s directions.  Exhibitor represents and warrants that neither its participation in the Event nor its (including the Exhibitor Parties’) performance of any of the rights or obligations contained in the Contract and/or in connection with such participation shall violate any union laws, rules, or regulations. 
  • This Exhibitor Contract sets forth the final and complete understanding of Exhibitor and Management with respect to the subject matter hereof and supersedes all prior and/or contemporaneous discussions, agreements and undertakings between Exhibitor and Management relating to the subject matter hereof.  Management may enforce any of Exhibitor’s obligations or agreements hereunder and shall have all rights and pursue any remedies available at law (contract, equity or otherwise) in connection with this Exhibitor Contract (including Exhibitor’s breach or default of any provision hereunder). If any provision in this Exhibitor Contract is found to be invalid, void or unenforceable under applicable law (in effect now or in the future), the remaining provisions of this Exhibitor Contract will continue in full force and effect without being impaired or invalidated in any way.  This Exhibitor Contract, along with any controversy, claim, or dispute arising out of or otherwise related to it, will be governed by, construed, and its provisions enforced in accordance with, the laws of the State of California exclusively, without application of its conflict of law provisions.  Any controversy, claim, or dispute that cannot be resolved by negotiation or mediation by the Parties (including the determination of the scope or applicability of this agreement to arbitrate) relating to or arising out of this Agreement will be submitted to the confidential, final, and binding arbitration before a single neutral arbitrator