Promote Mexico v. Monster Energy Company CA2/1

BACKGROUND

1. The sponsorship agreements Promote Mexico is a Nevada limited liability company that “markets SCORE-branded off-road racing events.” In 2016 and 2017, Monster and Promote Mexico executed two agreements, retroactive to January 1, 2016, entitled “Television Sponsorship Agreement” and “Sponsorship Agreement.”2 The agreements concerned Monster’s involvement in SCORE World Desert Championship off-road race series and related events, including the Baja 1000. These events are referred to in the agreements as “Events” or, in the singular, “Event.” The agreements contain materially identical provisions under paragraph 6.01 stating, in relevant part, “[Promote

2Promote Mexico is identified in the agreements and elsewhere in the record as Score International, the name under which Promote Mexico was doing business.

3 Mexico] shall indemnify, protect, defend and hold harmless [Monster] . . . from and against any and all claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses . . . arising from or connected with: (i) any breach by [Promote Mexico] of any provision of this Agreement or any representation…