INTELLECTUAL PROPERTY RIGHTS
The following supplements the Rules and Regulations in addition to the Terms & Conditions of the Standard Rules & Regulations and form part of the Exhibition Contract signed by the Exhibitors with the Organizer.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
a- Exhibitor Intellectual Property - Exhibitor warrants that it owns the rights for all intellectual property (patent, copyright, trademark, etc.) to be used by exhibitor for promotion or exhibition at Spa and Resort Expo and Conference and agrees to defend, at exhibitor's expense, and to indemnify the Organizer and / or Spa and Resort Expo and Conference for any action brought against the Organizer and / or Spa and Resort Expo and Conference and any cost incurred by the Organizer and / or Spa and Resort Expo and Conference arising out of any dispute concerning Exhibitor's intellectual Property Rights.
b- Counterfeit goods / Infringing Goods / Prohibited Goods - exhibitor shall not exhibit at the exhibition any counterfeit goods or any goods which infringe any third party's intellectual property ('infringing goods'), or any goods which are prohibited or restricted by local laws or regulations ('Prohibited goods'). Any such goods exhibited at the show will not be allowed and the Organizer has the right without recourse to physically remove the items and close down the stand of said exhibitor. The exhibitor will not have any financial claim against the Organizers.
c- Third Party Proprietary Rights - Exhibitor will not violate any proprietary rights of third parties in connection with its participation in the event, including but not limited to the reproduction, performance, distribution or posting of proprietary or copyrighted material ('the works') without a license, assignment or other legally effective permission. Exhibitor shall make any and all payments to third parties and/or clearinghouse agencies as may be necessary to lawfully perform, publish or reproduce any such works. Exhibitor specifically agrees, undertakes and assumes responsibility to make any and all reports to such agencies and / or parties including specifically by way of example only ASCAP, BMO SAC, SESAC and other similar agencies, and to provide evidence of such reports and payments upon requests.
d- Limitation of Liability – Exhibitor agrees to defend, indemnify and hold harmless the Organizer and those lawfully in the venue from and against any actual or threatened claim loss, liability or damage, including reasonable attorney's fees and expenses due to Exhibitor's use of intellectual property of third parties under the copyright or other laws of the United States.
PROCEDURE TO FOLLOW
a- If you would like to make a complaint involving infringement of your intellectual property rights, your complaint should be referred to the Organizer's Show Management Office.
b- If you receive a complaint at your stand, you should refer the complainant to the Organizer's Show Management Office.
c- The complainant should, at the time of filing the complaint with the Show Management Office, provide one or more of the following documentary evidence to substantiate their claim:
- Trade Mark – original or certified copy of a valid Certificate of Registration of Trade Mark that is enforceable in a United States Court, including any renewal certificates or proof of renewal.
- Registered Design - original or certified copy of a valid Certificate of Registration of Design that is enforceable in a United States Court, including any renewal certificates or proof of renewal.
- Patent - original or certified copy of a valid Certificate of Grant of Patent that is enforceable in a United States Court, including any renewal certificates or proof of renewal.
d- If Show Management is satisfied that there is a case to answer, they will, together with the complainant, visit the exhibitor involved.
e- The exhibitor will be asked to remove the disputed product or material immediately from their stand and for the remainder of the exhibition, unless they can provide evidence to the satisfaction of Show Management that they have the right to display the product or material in question.
If the exhibitor refuses to cooperate under those guidelines, the Organizer expressly reserves the right to close the exhibitor's stand for the remainder of the exhibition.
