US CONFERENCE EXHIBITOR TERMS AND CONDITIONS

These terms and conditions (the "Terms"), together with the event program and the registration form submitted by the Exhibitor (together, the "Registration Details"), constitute the legally binding agreement between Applied Market Information, LLC ("AMI") and the exhibitor who submitted the Registration Details ("Exhibitor") relating to the Exhibitor’s attendance at the Event. PLEASE READ THESE TERMS CAREFULLY. By submitting the Registration Details, Exhibitor confirms that it has read and understands these Terms and agrees to be bound by these Terms. If Exhibitor does not agree to be bound by these terms, Exhibitor should not submit the Registration details. If you enter into the Registration Details and these Terms on behalf of a company, governmental entity, or other entity, you represent that you have the authority to bind such entity to these Terms.

  1. Interpretation

    In this Agreement, the following capitalized terms have the meanings set forth below.

    1. Anti-Bribery Laws: the US Foreign Corrupt Practices Act 1977, UK Bribery Act 2010 and/or any other applicable anti-bribery legislation.
    2. Confidential Information: in relation to either party, any information, however provided, that relates to the business, financial affairs, operations, customers, processes, budgets, pricing policies, product information, strategies, developments, trade secrets, know-how, personnel and suppliers of that party, including any personal data relating to that party’s customers or suppliers, together with any other information which ought reasonably be considered to be confidential.
    3. Data Protection Laws means any applicable laws and regulations relating to the processing, privacy and use of personal data including, without limitation, GDPR, national laws implementing the GDPR, regulations and secondary legislation, as amended from time to time; laws or regulations implementing Council Directive 2002/58/EC, and; any judicial or administrative interpretative of any of the above, and any guidance, guidelines, codes of practice, approved codes of conduct or approved certification mechanisms issued by any national authority.
    4. Event(s): the event or events specified in the Registration Details.
    5. Event Dates: the event dates specified in the Registration Details or as rescheduled in accordance with this Agreement.
    6. Event Marks: AMI’s trademarks and service marks relating to the Event(s).
    7. Event Venue: the venue at which the Event is held.
    8. Exhibitor Marks:the Exhibitor’s trade marks and service marks provided to AMI for the purposes of the Event.
    9. Exhibitor Package: the benefits granted to the Exhibitor in relation to the Event as more particularly specified in the Registration Details.
    10. Fee: the fee payable by the Exhibitor in consideration for the Services.
    11. Force Majeure: has the meaning given in section 11 of these Terms.
    12. GDPR: Regulation 2016/679 of the European Parliament and of the Council of April, 27 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
    13. Group Company: means, in relation to a party, any corporation, partnership or other entity now existing or hereafter organized that directly or indirectly controls, is controlled by or under common control with a Party. For purposes of this definition "control" means the direct possession of a majority of the outstanding voting securities of an entity
    14. Intellectual Property Rights: means patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
    15. Losses: actions, damages, claims, liabilities, costs, losses and expenses (including without limitation reasonable legal fees).
    16. Services: the services provided to the Exhibitor by AMI on the terms of this Agreement.
    17. Representative meansan individual representative of the Exhibitor who is entitled to attend an Event as part of the Exhibitor Package. Representatives must be 18 years of age or older.
    18. Term: the term of this Agreement.
    19. Termination Date: the effective date of termination of this Agreement
    20. Website: the website for the Event.
  2. Exhibitor Package
    1. AMI shall provide the Exhibitor Package to the Exhibitor on the terms of this Agreement.
    2. The Exhibitor shall promptly comply with all reasonable instructions and directions issued by or on behalf of AMI in connection with the Event, including, without limitation, any instructions or directions given in relation to the use of the Event Venue.
    3. AMI shall not be responsible for any failure or delay in providing any of the Exhibitor Package where such failure occurs directly or indirectly as a result of the Exhibitor’s failure or delay in complying with AMI’s reasonable instructions or directions.
  1. Intellectual Property Rights
    1. AMI owns and/or has the right to use and reproduce the Event Marks. Any use by Exhibitor of any Event Marks is subject to AMI’s prior written approval and must adhere to AMI’s guidelines. All publicity releases and other advertising referencing AMI or the Event shall be subject to the AMI’s prior written approval.
    2. The Exhibitor grants to AMI a worldwide, non-exclusive, royalty-free, sub-licensable license to use the Exhibitor Marks in all media formats, for the purpose of advertising and promoting the Event or any other matter relating to the Event (including any post-Event materials). Exhibitor waives the right to inspect or approve any finished product featuring such Exhibitor Marks.
    3. If the Exhibitor alters the Exhibitor Marks at any time during the Term, AMI shall not be obliged to make any consequential changes to materials that include the Exhibitor Marks which have already been produced by or on our behalf of AMI in connection with the Event (including, but not limited to, reprinting promotional literature or publicity materials) unless the Exhibitor agrees to meet the costs and expenses incurred by AMI as a result of such change.
    4. The Exhibitor shall not use the Event Marks in any way that, in AMI’s reasonable opinion:
      1. brings or is likely to bring AMI or the Event into disrepute;
      2. indicates that AMI and the Exhibitor are in partnership or any trading arrangement (other than in relation to the Exhibitor’s attendance at the Event); or
      3. that AMI endorses any part of the Exhibitor’s business, trading name or products.
  2. Invoicing and Payment
    1. AMI shall invoice the Exhibitor in accordance with the Registration Details..
    2. The Exhibitor shall pay each invoice submitted by AMI within 30 days of the date of the invoice, or, if the Event is scheduled to commence within 30 days after the date of the invoice, immediately on receipt.
    3. The Fee is exclusive of any applicable taxes. Exhibitor shall be responsible for the payment of all sales, use and similar taxes arising from or relating to this Agreement and the Services rendered hereunder, except for taxes related to the net income of AMI and any taxes or obligations imposed upon AMI under federal, state and local wage laws. If AMI includes taxes on any invoice, Exhibitor shall pay to AMI such taxes at the same time as payment is due for the supply of the Services.
    4. If the Exhibitor is required by law to make any deduction or withholding, the Fee payable shall be grossed up so that, after such deduction or withholding, the amount paid shall not be less than the Fee specified in the Registration Details.
    5. If the Exhibitor fails to make a payment due to AMI under this Agreement by the due date, then, without limiting AMI's remedies under section 15, the Exhibitor shall pay interest on the overdue amount from the due date until payment of the overdue amount at the rate of 1% per month (or part of a month), or the maximum lawful rate permitted by applicable law, whichever is less.
    6. All amounts payable by the Exhibitor shall be paid in full without any set-off, counterclaim, deduction or withholding (other than as required by law).
  3. AMI’s Rights and Obligations
    1. AMI shall organise the Event and provide the Exhibitor Package using reasonable skill and care.
    2. AMI has sole control over admission policies at all times. AMI reserves the right to exclude or remove from the Event any person, whether or not such person is an employee, representative or contractor of the Exhibitor.
  4. Exhibitor’s Obligations
    1. The Exhibitor is responsible for ensuring that its Representatives have all necessary up to date travel documentation, including but not limited to visas and other entry permits into any jurisdiction and that it complies with all applicable laws in the jurisdiction that the Event is being held.
    2. The Exhibitor is responsible for arranging accommodations for its Representatives. AMI may provide details of nearby accommodations on the Website. AMI is not reponsible for any bookings made by the Exhibitor or Representatives directly with a hotel or via third party websites.
    3. The Exhibitor shall:
      1. be solely responsible for all costs that it incurs relating to its and its representatives’ and Representatives’ attendance at the Event (including, without limitation, any travel costs, costs of food and beverages, costs of any temporary staff hired for the Event and all costs incurred by the Exhibitor (other than the Fee) in receiving the Exhibitor Package);
      2. procure that any individuals who attend the Event as Representatives on individual passes provided as part of the Exhibitor Package shall be made aware of AMI’s terms and conditions applicable to delegates to the extent that they are applicable to Representatives; and
      3. exhibit its promotional materials only within its own exhibitor space and may not distribute materials elsewhere in the Event Venue.
    4. All merchandise, trade fixtures, equipment and property of any kind which may be brought to the relevant Event Venue by the Exhibitor shall be at the Exhibitor’s sole risk and the Exhibitor shall bear all responsibility for insuring any such property. Neither AMI nor its officers, agents or employees shall be liable to the Exhibitor for damage to or loss of any such property or damage caused to persons or other property by any property which is brought to the Event Venue by the Exhibitor.
    5. The Exhibitor shall comply with, and shall procure that its Representatives comply with:
      1. the hours and dates specified by AMI for installing, occupying and removing property and exhibits; and
      2. such health, fire, safety and security regulations and policies applicable to the Event and/or the Event Venue.
    6. AMI shall be entitled during the Event to require the Exhibitor to remove any exhibits, including, without limitation, printed matter, display items or other promotional materials and no liability shall attach to AMI for costs that Exhibitor may incur thereby. No refunds are provided for any such removal.
    7. AMI reserves the right to adopt any additional policy or regulation, move any exhibit, or take any further action as, in its reasonable opinion, would be beneficial for the Event.
    8. No photography or filming is allowed to be made by or on behalf of the Exhibitor during the conference presentations.
    9. Photographs and/or video recordings may be made at the Event by or on behalf of AMI, which recordings may include images of the Exhibitor and its Representatives. The Exhibitor and its Representatives shall not obstruct or interfere in any way with such photography or recordings whether by or on behalf of AMI. Exhibitor, for itself and its Representatives hereby consents to the photographing, videotaping, or other recording of itself and its Representatives at the Event, and to the perpetual, irrevocable, sublicensable, non-exclusive, worldwide use and/or exploitation of such images by AMI, including for commercial purposes.
    10. The Exhibitor shall not (and shall not permit its Representatives, employees, agents or contractors to):
      1. bring the Event into disrepute;
      2. disparage the Event or AMI; or
      3. be otherwise prejudicial to the image and/or reputation of the Event or AMI.
    11. The Exhibitor warrants and represents that it has and shall maintain in force a valid policy of insurance for professional and public liability to cover claims arising from the activities of the Exhibitor and/or its employees, agents or contractors in relation to the Event.
    12. The Exhibitor acknowledges that AMI makes no representations or warranties in relation to the number of delegates at the Event or the industry sector represented by them.
    13. Exhibitor shall comply with all United States Federal, State and local laws and shall obtain all required permissions under such laws and from the venue, including the Americans with Disabilities Act of 1990. Exhibitor shall abide by union work rules and jurisdictions of the city and Event Venue, including using the venue’s exclusive services when required by union agreements.
    14. Exhibitor may not sublease all or any part of the Event Package. Any attempted sublease shall be null and void and shall constitute a breach, resulting in termination of this Agreement.
  5. Confidentiality
    1. Except to the extent set out in this section or where disclosure is expressly permitted elsewhere in this Agreement, each party (the "Receiving party") shall:
      1. treat Confidential Information disclosed by the other party (the "Disclosing party") as confidential; and
      2. not disclose the Disclosing party’s Confidential Information to any other person without the Disclosing party’s prior written consent.
    2. Section 7.1 shall not apply to the extent that:
      1. such information was in the possession of the Receiving party without obligation of confidentiality, prior to its disclosure; or
      2. such information was obtained from a third party without obligation of confidentiality; or
      3. such information was already in the public domain at the time of disclosure otherwise than through a breach of this Contract; or
      4. such information was independently developed without access to the Disclosing party’s Confidential Information.
    3. The Receiving party may only disclose the Disclosing party’s Confidential Information to the Receiving party’s employees and agents who are directly involved in the provision of the Services and the Receiving party shall ensure that such employees and agents are aware of, and comply with, the confidentiality obligations set out in this Section.
  6. Data Processing
    1. In this section 8, the terms "personal data", "data subject", "controller", "processor", "personal data breach" and "processing" shall have the meanings ascribed to them under the Data Protection Laws.
    2. AMI shall, in relation to any processing of personal data, comply with its obligations under its Privacy Policy: /about/legal
    3. Each party shall:
      1. comply with all applicable requirements of the Data Protection Laws; and
      2. process any personal data which it obtains or holds under or in relation to this Agreement only for the purposes of carrying out its obligations under this Agreement.
  7. Cancellation, Postponement or Change of Event Venue by AMI
    1. AMI shall notify the Exhibitor in writing as soon as reasonably practicable if it becomes necessary for any reason for AMI to cancel, change the date of or relocate the Event.
    2. If AMI terminates the Event in accordance with Section 9.1, the Exhibitor shall be entitled to a refund of the Fee.
    3. The Exhibitor shall obtain, at its own expense, appropriate insurance against any risk of loss associated with the Event being cancelled, postponed, rescheduled or relocated.
  8. Cancellation by Exhibitor

    If the Exhibitor wishes to cancel its attendance at the Event it must notify AMI in writing as soon as possible but shall in any event remain liable for the full amount of the Fee.

  9. Force Majeure
    1. In this Section, "Force Majeure" means circumstances which are beyond the reasonable control of AMI and which are reasonably likely to affect AMI’s successful delivery of the Event or would make it inadvisable, impracticable, illegal, or impossible for a party to perform its obligations as originally contracted under this Agreement, including, in each case within, or having an effect within the vicinity of, the Event Venue: fire, flood, earthquake, extreme adverse weather conditions, failure of electric power, gas, water, or other utility service, collapse of building structures, widespread disease, the outbreak or declaration of war, act of terrorism, revolution or government orders or action, including the declaration of a State of Emergency or Coup d’état.
    2. If, as a direct result of Force Majeure, AMI cancels the Event, AMI shall use its reasonable endeavors to reschedule the Event.
    3. If AMI is unable to reschedule the Event in accordance with section 11.2, as Exhibitor’s sole and exclusive remedy, AMI shall refund any pre-paid portion of the Fee as soon as reasonably practicable.
    4. Without prejudice to AMI’s obligation to refund the Fee to the Exhibitor, AMI accepts no liability and will not be liable for any compensation where the performance of its obligations under this Agreement is made illegal or impossible by or as a result of Force Majeure.
  10. Anti-Bribery
    1. The Exhibitor undertakes that it shall not, directly or indirectly pay, offer, give or promise to pay or authorize the payment of any monies or other items of value to:
      1. an official or employee of a government department, agency or instrumentality, state-owned or controlled enterprise or public international organization;
      2. any other person at the suggestion, request or direction or for the benefit of any of the above-described persons
      if any such payment, offer, act or authorization is for purposes of influencing official actions or decisions or securing any improper advantage in order to obtain or retain business, or engaging in acts or transactions otherwise in violation of the Anti-Bribery Laws.
    2. The Exhibitor shall maintain in place throughout the term of this Agreement appropriate policies and procedures to ensure compliance with the Anti-Bribery Laws and shall enforce them where appropriate.
  11. Indemnities
    1. The Exhibitor shall indemnify AMI (for itself and on behalf of its Group Companies shareholders, directors, employees, and representatives) from and against all Losses arising out of or in connection with:
      1. any claim that the use of the Exhibitor Marks by AMI in accordance with this Agreement infringes any Intellectual Property Rights of any third party;
      2. a third party claim arising as a result of any breach by the Exhibitor of its obligations under Section 6; or
      3. any failure by the Exhibitor or its employees or Representatives to comply with any of the Exhibitor’s obligations under this Agreement.
    2. Exhibitor’s duty to defend is independent of its duty to indemnify. Exhibitor will use counsel reasonably satisfactory to AMI. AMI may participate in the defense of any claim at its own expense.
  12. Limitation of liability
    1. Nothing in this Agreement shall limit or exclude AMI’s liability for:
      1. death or personal injury;
      2. fraud or fraudulent misrepresentation; or
      3. breach of any other liability which cannot be limited or excluded by applicable law.
    2. Subject to SECTION 14.1, AMI shall not be liable, whether based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in relation to this Agreement, for any indirect, incidental or consequential damages, or lost profits, even if AMI has been advised of the possibility of such damages.
    3. Subject to SECTION 14.1, the total aggregate liability of AMI, whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in relation to this Agreement shall not exceed the total amount of the Fee paid or payable under this Agreement.
  13. Termination
    1. Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if:
      1. the other party commits a material breach of any term of this Agreement and (if such a breach is remediable) fails to remedy that breach within 15 days of that party being notified in writing to do so; or
      2. immediately if the other party ceases doing business or is the subject of a voluntary or involuntary bankruptcy, insolvency or similar proceeding, that is not dismissed within sixty (60) days of filing
    2. Without affecting any other right or remedy available to it, AMI may suspend the Services if the Exhibitor fails to pay any amount due under this Agreement on the due date for payment, the Exhibitor becomes subject to any of the events listed in section 15.1 or AMI reasonably believes that the Exhibitor is about to become subject to any of them.
  14. Consequences of termination
    1. Upon termination of this Agreement for any reason, the Exhibitor shall immediately pay to AMI all outstanding unpaid invoices issued by AMI and, in respect of Services supplied but for which no invoice has been submitted, AMI shall submit an invoice, which shall be payable by the Exhibitor immediately on receipt.
    2. Termination of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination. Those provisions which by their nature should survive termination of this Agreement shall so survive.
  15. Assignment
    1. AMI may at any time assign, subcontract, delegate, or deal in any other manner with any or all of its rights and obligations under this Agreement.
    2. The Exhibitor shall not assign, subcontract, delegate or deal in any other manner with any of its rights and obligations under this Agreement without the prior written consent of AMI.
  16. Amendment

    This Agreement may not be amended without the written agreement of both parties.

  17. Entire Agreement

    This Agreement states the entire agreement and understanding of the parties on the subject matter hereof, and supersedes all previous agreements, arrangements, communications, and understandings relating to that subject matter.

  18. Governing Law and Jurisdiction
    1. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of laws rules.
    2. The parties agree that, subject as provided below, the state and federal courts in the State of Delaware shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation, provided that nothing in this section shall limit the right of AMI to take proceedings against the Exhibitor in any other court of competent jurisdiction, nor shall the taking of proceedings by AMI in any jurisdiction preclude it from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
    3. General

      No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or any prior or subsequent time. This Agreement shall not create, nor shall it be represented by either party to create a partnership, joint venture, employer-employee, master-servant, principal-agent, or other relationship whatsoever between the parties hereto. Neither party hereto shall have, nor represent to have, authority or power to obligate or bind the other party hereto by contract, agreement, warranty, representation or otherwise in any manner whatsoever, without the other party’s prior written consent. If any provision of this Agreement or the application thereof to any party or circumstances shall be declared void, illegal or unenforceable, the remainder of this Agreement shall be valid and enforceable to the extent permitted by applicable law. In such event the parties shall use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by applicable law, achieves the purposes intended under the invalid or unenforceable provision.

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