Legal & Branding
Terms & Conditions that apply to all TM Forum Event Contracts
CANCELLATION OF A SPONSORSHIP/EXHIBITION SPACE:
Sponsors/Exhibitors committing to a sponsorship who subsequently wish to cancel their participation must do so by email to [email protected]. No voice mail cancellations will be accepted.
All cancellations are subject to the following Cancellation Charges:
- Termination eight (8) months or more prior to the Event Date, fifty percent (50%) of the total cost of the Sponsorship cancelled.
- Termination more than four (4) months and less than eight (8) months prior to the Event Date, eighty percent (80%) of the total cost of the Sponsorship cancelled.
- Termination four (4) months or less prior to the Event Date, one hundred percent (100%) of the total cost of the Sponsorship cancelled.
These same charges apply to the cost of the cancelled portion of the exhibit space should the Exhibitor reduce the size of the contracted space.
TM Forum will not accept any cancellation by the Exhibitor of the obligations agreed to pursuant to this Contract, unless otherwise provided in this contract. This Contract will be binding on each party’s successors.
All cancellation/reduction fees are payable immediately upon cancellation/reduction of exhibit space. All cancellation/reduction fees and the retention of Exhibitor payments pursuant to Section I and II of this Contract are acknowledged by the Exhibitor to constitute liquidated damages due in consideration of TM Forum having reserved the space for the Exhibitor until the date of cancellation, thereby losing or deferring the opportunity to provide the exhibit space to others, as well as incurring other performance costs.
Payment due may not be applied to any other TM Forum activity
CHOICE OF LAW AND ARBITRATION CLAUSES:
Any and all disputes arising out of this agreement which are not disposed of by agreement between the parties hereto shall be decided solely by arbitration proceedings under the Rules and Procedures of the American Arbitration Association and such arbitration shall be held in the State of New Jersey. The parties also agree that any decision rendered by the arbitrator as provided herein shall be binding on both parties as though issued by a court which would otherwise have jurisdiction over such issues.
The parties agree that this agreement shall be governed by, interpreted and construed in accordance with the internal substantive laws of the State of New Jersey without regard to its conflicts of laws principles. Nothing herein shall prevent either party from seeking equitable relief from either a Federal or State Court of New Jersey should the need for equitable relief arise.
Both parties reserve the right to terminate or cancel this agreement by reason of force majeure which shall include strikes, lockouts, riot, explosion, accident, flood, sabotage, power failure, acts of God, fire, war or warlike acts, civil insurrection or disturbance, governmental interference or restrictions, or other circumstances beyond their control.
If TM Forum cancels the sponsorship/exhibit for any reason, including upon the occurrence of an event of Force Majeure (and excluding only failure of payment by Sponsor/Exhibitor), the Sponsor/Exhibitor shall provide TM Forum an opportunity to reschedule the event/workshop. If an agreed rescheduling cannot be reached, the Sponsor/Exhibitor can receive full credit towards any future TM Forum products. The Sponsor/Exhibitor can, upon verification of full payment, request a refund. Only the amount received by TM Forum can be refunded or credited to the Sponsor/Exhibitor.
SPONSORSHIP DELIVERY REQUIREMENTS:
Please forward all specified marketing content and copy of the following logos to [email protected] at least 9 weeks prior to the event. Receipt after this date cannot guarantee inclusion.
- Corporate Sponsors (Diamond, Platinum, Gold, Silver)
- Please forward copy of your 4 color logo in a vectored eps file for inclusion on website, signage, and onsite guide
- Please submit your 100 word maximum corporate/ product description and contact information
- 1-1 Meeting Service, Conference Forum/Summit Sponsorships and Round Table Sponsorships
- Please forward copy of your 4 color logo in a vectored eps file for inclusion on website, signage, and onsite guide
- Activity/Specialty Sponsorships
- 4 color logo in a vectored eps file for website, signage, and onsite guide
- 1 color logo in a vectored eps file and 1 PMS or Pantone color for your logo to be produced on a white napkin, where necessary
- Merchandise Sponsorships
- 4 color logo in a vectored eps file for website, signage, and onsite guide. Please note a second item may be requested as identified below. Note, on-site banner sponsors only need to provide artwork as listed below.
- Sponsors of Conference Pens, Conference Badge Holders/Lanyards, Portfolio and Notebooks are also to provide a 1 color logo in a vectored eps file and 1 PMS or Pantone color for your logo to be produced on the merchandising item
- Delegate Bag Sponsor is also to provide a full color logo in a vectored eps file for the logo to be produced on the delegate bags
Participant agrees that TM Forum and the event venue hosting hotel / convention center shall not, under any circumstances, be liable for loss or damage to the goods or properties of Participants. At all times, such goods and properties remain in the sole possession, custody, and control of Participant.
Participant releases and agrees to defend, to indemnify and to hold harmless TM Forum, its managers, officers, directors, sponsors, employees, and agents from and against any suit or claim including attorney’s fees arising out of any intentional or negligent act or omission of Participant at the Show, including but not limited to property damage and personal injury caused to or by Participant and/or Participant’s agents.
TM Forum releases and agrees to defend, to indemnify and to hold harmless Participant, its managers, officers, directors, sponsors, employees, and agents from and against any suit or claim including attorney’s fees arising out of any intentional or negligent act or omission of TM Forum at the Show, including but not limited to property damage and personal injury caused to or by TM Forum and/or TM Forum’s agents.
Exhibitor agrees to carry commercial general liability insurance or self-insurance in an amount of not less than ($1,000,000.00) for personal injury, death or property damages in any one occurrence against any claims for personal injury, death or property damage incident to, arising out of, or in any way connected with, any activities of the Exhibitor conducted at the Show. Exhibitor further agrees to require any agent, subcontractor and/or vendor employed by Exhibitor to carry commercial general liability insurance in an amount of not less than ($1,000,000.00) for personal injury, death or property damages in any one occurrence against any claims for personal injury, death or property damage incident to, arising out of, or in any way connected with, any activities of the Exhibitor and/or such agent, subcontractor and/or vendor conducted at the Show. Upon TM Forum’s request, Exhibitor shall provide TM Forum with a Certificate evidencing such coverage and naming TM Forum as a named additional insured. Such Certificate must provide that TM Forum shall receive at least thirty (30) days notice of cancellation or non-renewal. Exhibitor also agrees to secure and keep in full force and effect throughout the term of this Agreement a worker’s compensation policy covering all employees of Exhibitor involved in the performance of this Agreement, whether or not such work is performed at the location of the Show.
LIMITATION OF LIABILITY
TM FORUM’S TOTAL LIABILITY TO PARTICIPANT FOR ALL CLAIMS OR SUITS OF ANY KIND, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR OTHERWISE, FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND WHATSOEVER ARISING OUT OF, RESULTING FROM, OR RELATED TO THE PERFORMANCE OR BREACH OF THIS AGREEMENT SHALL, UNDER NO CIRCUMSTANCES, EXCEED THE AMOUNT PAID BY PARTICIPANT TO TM FORUM FOR BOOTH SPACE PURSUANT TO THIS AGREEMENT. NEITHER TM FORUM NOR PARTICIPANT SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES, DAMAGES, COSTS, OR EXPENSES WHATSOEVER. ANY ACTION BY OR AGAINST TM FORUM ARISING OUT OF, RESULTING FROM, OR RELATED TO THE PERFORMANCE OR BREACH OF THIS AGREEMENT SHALL BE FILED NOT LATER THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
Participant also agrees to defend, indemnify and hold harmless TM Forum from and against any claims arising out of, or relating to, any acts or omissions of Participant’s delivery company or vendor pursuant to the NON-LIABILITY/HOLD HARMLESS clause of this agreement which is incorporated herein by reference.
SUCCESSORS AND ASSIGNS
This Agreement constitutes the sole and entire agreement between the parties with respect to the matters set forth herein, and supersedes and incorporates any and all prior or oral and/or written statements and representations on such matters by either of the parties hereto. Amendments to this Agreement must be made in writing and signed by both parties. This Agreement may not be assigned, and the obligations of either party hereto may not be delegated, in either case, without the prior written consent of the other party, which consent shall not be unreasonably withheld. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.
Should a court of competent jurisdiction declare any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement not invalidated shall govern and bind the parties and be construed as if the invalidated portions were not originally included in this agreement.
EXHIBITOR DELIVERY REQUIREMENTS:
Please forward the following items to [email protected] at least 9 weeks prior to event. Receipt after this date cannot guarantee inclusion.
- Forward a copy of your 4 color logo in a vectored EPS file
- Forward a 50 word maximum corporate/product description and contact information.
Submission details will be included in the Exhibitor Zone this event.
If you have any questions regarding these procedures, please contact [email protected]
Additional Contract Ts & Cs for all Exhibitor sales:
EXHIBIT SPACE DEFAULTS
- If the Exhibitor fails to pay Exhibit Space instalment as outlined under PAYMENT SCHEDULE DETAILS contained in the contract document, the following shall occur:
- TM Forum shall have the right to release the Contracted exhibit space and is free to rent said space to other exhibitors
- Any exhibit spaces costs paid shall be retained by TM Forum
- Unless written cancellation is received by TM Forum, any outstanding instalments and/or balance payments as outlined in Section I are due and payable in consideration of TM Forum having reserved said space for the Exhibitor until that date
- After a cancellation, and at the sole discretion of TM Forum, the exhibitor may reapply for exhibit space on a first-come, first-served basis. All monies previously paid on account will be applied in full to the Exhibitor’s new space cost if a contract for said new space is signed. However, if the new space is smaller than the space originally contracted for by the Exhibitor, the Exhibitor will be held liable for a downsizing fee according to the schedule outlined in Section III of this Contract.
- Exhibitor acknowledges that the cancellation fees are reasonable compensation to TM Forum for having reserved the space for Exhibitor until the date of cancellation, thereby losing or deferring the opportunity to provide the exhibit space to others, as well as incurring other costs.
SPACE: Exhibitor requests the amount of space indicated on Exhibitor Contact Page (page 1) for Exhibitor’s Space (Space/expo space/booth/kiosk/Table Top) – as defined in the Special Provisions above) and represents that all information provided on Exhibitor Contact Page (page 1) is accurate.
USE OF SPACE, SUBLETTING SPACE: No exhibitor may assign, sublet or apportion its Exhibit Space to or with another business entity or individual without the express permission in writing from TM Forum. No exhibitor may show or demonstrate products or services other than those manufactured or handled in the normal course of his business. Sharing space with a person or entity that is not a member of TM Forum is strictly prohibited without prior written approval from TM Forum. In the event of a breach of this provision, TM Forum may close the offending Exhibit Space and arrange for the removal of the contents of said Space, and revoke the credentials of any person who was working in said Space. Any and all fees that may arise from such action will be billed directly to Exhibitor.
Should any item from a non-exhibiting firm be required for operation of a display, identification of such item shall be limited to the regular name plate or trademark under which same is sold in the general course of business.
DELIVERY OF EXHIBIT ITEMS: Any exhibitor that has their items delivered early will be subject to a penalty fee of 25% of the cost of their exhibit space fee. Every effort will be made to deter the delivery company from unloading items early. However, should they manage to unload early there will be no security for the items. In addition, illegal parking or parking in unauthorized areas by exhibitors delivery vendors may result in the vehicle being towed or impounded and may result in additional fines.
USE OF EXHIBIT SPACE: Exhibitor represents and covenants that the Exhibit Space is to be used for the purpose of demonstrating its named company’s services, and for no other purposes without the written consent of TM Forum, for a term of use commencing at 8:00a.m. (local time) 2 days prior to event (subject to access availability) until the event closes on last day of event. Exhibitor shall have the further right of access to, and limited use for the sole purpose of putting in equipment, preparing the Exhibit Space for equipment use.
OPERATION OF EXHIBITS
Noise and Sound: Musical instruments, audio equipment, and other noise-making devices or amplifying equipment shall be operated only at a level that will not interfere with other exhibitors. TM Forum shall be the sole judge of what constitutes appropriate sound levels.
Demonstrations, distributions of literature, samples, materials, and sales activities: These activities are permitted only within the confines of an exhibitor’s rented space. Brochures, samples, handouts, or souvenirs may not be sold and may not be distributed in a manner which, in the judgment of TM Forum, blocks the aisles or in any way handicaps other exhibitors or impairs the flow of attendees. They also may not be sold or distributed in other locations within the Event Facility unless prior arrangements have been made with the TM Forum. Additionally signage will only be permitted within the confines of the exhibit space unless other signage has been negotiated through the TM Forum.
No Wifi is allowed on any Booth/Exhibition Space unless approved by TM Forum.
If the Exhibitor wishes to have Wifi they will need to complete a “Wifi Request Form” and there is a modest charge for this service.
- If accepted the Exhibitor must agree to the standard terms (broadcast power levels, etc.) and make the payment
- On site each booth/exhibition space will be checked for Wifi by TM Forum or our agent:
- If authorized to use Wifi and in violation of the terms the exhibitor will be reminded i.e. switch off broadcast and turn the power down
- If not authorized to use Wifi the exhibitor will be required to either switch off Wifi or complete the Request Form and pay the charge to use Wifi
Please contact [email protected] for the Wifi Request Form.
REGISTRATION OF EXHIBITORS
All representatives and employees of Exhibitor must be properly registered for the Show and wear badges at all times. Scheduled pre-show hours will be as outlined in TM Forum Exhibitor Zone.
EXHIBIT SPACE CONSTRUCTION AND SUPPLIES
No additional exhibits, whether freestanding or otherwise, are allowed in conjunction with a kiosk.
Exhibitor agrees to confine its exhibit to the spatial limits of its Exhibit Space as indicated on the floor plan. All exhibits must be freestanding and self-supporting; linear configurations may not be designed to obstruct the view of nearby exhibit spaces or to block exits or doorways.
Exhibits shall not project beyond the space allotted nor obstruct the light, view or space of others.
Exhibitor shall be responsible for damage to property.
TM Forum reserves the right to insist on a properly constructed and operated display in the interest of all participating exhibitors. Displays not conforming to TM Forum specifications and limitations may be dismantled or modified at cost to the exhibitor, at the sole judgment and discretion of TM Forum.
Exhibitor must comply with all rules and regulations of the Event Facility at which Show is being held, with regard to the construction and operation of the Exhibit Space. By way of example and not limitation, Exhibitor must comply with all rules regarding labor used for set up of the Exhibit Space including wiring and construction, and all rules regarding the source of food for the Exhibit Space. All costs incurred are sole responsibility of Exhibitor.
All booths must be set-up by 7:30 pm on Sunday prior to the event opening on the Monday. Failure to do so will result in a penalty of 1,000 Euros per square meter, plus VAT. A walk thru by show management will take place starting at 7:30 pm on the Sunday and any exhibitors not set-up will be penalized. For the health and safety of all attendees all booths, no matter what size, have to adhere to the set-up rules.
If Exhibitor has not occupied its Exhibit Space by 2:00p.m. (local time) on day prior to event, it may be resold or reassigned by TM Forum*. Exhibitor will not receive any refund or compensations whatsoever. Any additional charges arising from default will be responsibility of defaulting company and all charges will be payable immediately by absent exhibitor.
*Please note that Table Top and Kiosk exhibits will not need to arrive until the first morning of the event.
Unattended freight in any Exhibit Space or other space at the Show as of one hour prior to Show opening, will be removed and stored at the Exhibitor’s sole risk and expense. Exhibitors are not permitted to store packing crates or empty boxes in the exhibit spaces during show hours, but these, when properly marked will be stored and returned to the exhibit space by the exhibition center’s services contractor. Crates not properly marked or identified by Exhibitor may be destroyed or lost and are the sole responsibility of the Exhibitor. Exhibit materials left unattended 2 hours after the event closes on the last day (local time), and for which no shipping arrangements have been made, will be considered abandoned. Exhibitor will be held responsible for any costs in disposing of such materials.
Exhibitor’s Space must be staffed during all Show hours. Exhibitor may not start dismantling Exhibit Space or otherwise start preparing Exhibit Space for dismantling before the closing time of the event. Any early dismantling or packing shall be considered a breach of this agreement. The award points they have received for exhibiting at the event will be taken away and may affect their exhibit choice when Exhibitor seeks to obtain space at future conferences or shows.
Independent contractors can only be employed if they comply with the Facility Requirements, below, and conform to Show guidelines as outlined in TM Forum Exhibitor Zone. All independent contractors must be prepared to submit a Certificate of Insurance to TM Forum ([email protected]) and to the exhibition center management at least 7 weeks prior to the event. All exhibit labor must comply with established labor jurisdictions. Independent contractors must go to the TM Forum Registration Desk prior to entering the exhibit hall with a valid work pass and photo ID in order to get a work pass badge to enter the hall. No contractor will be allowed to enter the hall without a work badge from the TM Forum Registration Desk.
The Facility at which the Show will be held, has rules and regulations regarding the use of the facility that are incorporated into its contract with TM Forum. All Exhibitors must comply with those rules and regulations. Typically, for each type of service that an exhibitor might need at the Event Facility, the Event Facility has engaged an exclusive vendor(s). The rules and regulations of the Event Facility hold TM Forum and its exhibitors liable for lost revenues if an exhibitor engages a vendor(s) that is not on the list of exclusive Event Facility vendor(s). If Exhibitor engages a vendor in breach of the Event Facility’s rules and regulations or otherwise breaches those rules and regulations, Exhibitor will be liable to TM Forum and Event Facility for any damages that are assessed by the Event Facility.
Food and Beverage: Exhibitors will adhere to the rules and regulations of the Event Facility for providing food and beverage to exhibition space areas. Exhibitor cannot engage other parties to supply food and/or beverages to the locations in the Event Facility, nor can Exhibitors supply their own food and/or beverages.
Audiovisual/Computers: The Event Facility may require the use of an exclusive vendor(s) for providing audiovisual and computer equipment that is needed on a temporary basis by exhibitors at the Event Facility. Any audiovisual equipment that is owned as part of your existing exhibition space and not rented from the preferred vendors of the Event Facility will not be offered technical support in the event of a problem. To order your equipment from the Event Facility Audio Visual vendors, order forms will be included in the Exhibitor Zone.
GENERAL REGULATIONS AND PUBLIC POLICY
Each exhibitor is charged with knowledge of all governmental laws, ordinances and regulations pertaining to health, fire prevention and public safety, while participating in the exposition. No part of the building shall be defaced in any manner, nor shall signs or other articles be posted, nailed, taped or otherwise affixed to any pillars, doors, walls, or other parts of the building.
All Exhibit Space decorations must meet flame proofing codes. All exits, hallways, aisles and fire control apparatus must remain clear and unobstructed at all times. Electrical equipment must be Underwriter Laboratory approved. Use of propane and helium balloons is prohibited.
Designated ‘No Smoking’ areas must be observed.
All Exhibits must meet local, national and international ADA (Americans with Disability Act) regulations. All Exhibits must allow access for handicapped attendees. TM Forum will not assume any fines or judgments that arise from non-conforming exhibits.
INTERPRETATION AND ENFORCEMENT
To the extent that rules and/or regulations contained herein or that are incorporated by reference are subject to interpretation, Exhibitor understands and agrees that TM Forum shall be solely responsible for such interpretations and that Exhibitor shall be bound by TM Forum’s interpretation of such rules and/or regulations. TM Forum reserves the right to adopt additional regulations with regard to any aspect of the Show to assure the general success and wellbeing of the Show. TM Forum reserves the right to decline, prohibit, deny access or remove any exhibit, which in its sole judgment is contrary to the character, objectives, and best interests of the show or suitable for its attendee audience. This reservation includes, but is not limited to, any violation of any public policy or these rules and regulations and extends to persons, things, printed matter, products and conduct.
EXHIBITOR’S AUTHORIZED REPRESENTATIVE
Exhibitor assumes responsibility for its authorized representative’s compliance (and breach) of all TM Forum rules and regulations and all Event Facility rules and regulations.
EXHIBITOR CODE OF CONDUCT
‘Be a good neighbor.’ Remember that all sales activities must be confined to the boundaries of your booth/kiosk. Companies who do not comply with this regulation may be asked to leave the show.
Please do not enter raffles, drawings and other prize contests held at another exhibitor booth/kiosk. These prizes are intended for attendees and potential clients only.
Literature samples and surveys must be disbursed from within your booth/kiosk area only. This includes magazines and other publications.
Sound – Your cooperation in keeping sound levels of all A/V presentations down so that they are not audible more than three (3) feet into adjacent booths/kiosks is required. Most importantly, the dispersion of the speaker must be entirely directed at the carpet or non-reflecting surface.
Demonstrations and Entertainment – Should spectators overflow into the aisles or an adjacent booth/kiosk, the demonstration or entertainment may be limited or eliminated. Samples, souvenirs, and advertising material, and similar promotional material may be distributed by the exhibitor only within their booth/kiosk. Equipment must be arranged so that show visitors do not stand in the aisles while examining equipment or watching demonstrations.