Terms and Conditions for Vendor Participation in the Marine Aquarium Conference of North America, September 2-5, 2010

ASSIGNMENT OF SPACE: Marine Aquarium Conference of North America 2010 (MACNA) shall assign the display space to the Vendor for the period of the display, such assignment to be made within six weeks after MACNA’s receipt of this application and payment. Location assignments will be on a first-come, first-served basis and will be made solely at the discretion of MACNA. MACNA reserves the right to modify the floor plan as may be necessary to preserve a compact and attractive exhibit area. Exhibits shall be constructed and arranged so that they do not obstruct the general view or hide the exhibits of others. Exposed, unfinished sides of exhibit backgrounds must be draped to present an attractive appearance. Inspection of all exhibits will be made during the setup to advise the exhibitor if any deviation from the rules is noted. If the exhibitor is not available, the decorator, with the approval of the Exhibits Manager, will provide the necessary draping and submit charges to the exhibitor.

INSTALLATION OF EXHIBITS: All exhibits must be set up by 6:00 pm on September 2. No exhibit may be erected after the exhibition opens. It is the responsibility of the exhibitor to see that all materials are delivered to the Exhibit Hall by the specified deadline.

DISMANTLING OF EXHIBITS: No packing or dismantling of exhibits will be allowed until the official closing of the exhibit at 3:00 pm on September 5. If a vendor fails to remove the exhibit, removal will be arranged by MACNA at the expense of the exhibitor.

USE OF DISPLAY SPACE: Vendors are allowed to distribute literature, run demonstrations, and sell products in their assigned exhibit spaces. Sponsor shall not assign to a third party its display space or any portion of that space.

INDEMNITY AND LIMITATION OF LIABILITY: Neither MACNA, any co-sponsor, or display space provider nor any of their officers, agents, employees, facilities, other representatives, or assigns shall be liable for, and Vendor hereby releases them from, any claims for damage, loss, harm, or injury to the person, property, or business of the Sponsor or any of its visitors, officers, agents, employees, or other representatives, resulting from theft, fire, earthquake, water, unavailability of the facility, accident or any other reason in connection with the display at the conference. The Vendor shall indemnify, defend, and protect MACNA and hold MACNA, any co-sponsor, and space provider harmless from any and all claims, demands, suits, liability, damages, losses, costs, attorney’s fees, and expenses which might result or arise from Vendor’s participation in the conference or any actions of its officers, agents, employees, or other representatives. Under no circumstance will MACNA, any co-sponsor, or the exhibit space provider be liable for lost profits or other incidental or consequential damages for any of their acts or omissions whatsoever whether or not appraised of the possibility or likelihood of such damages or lost profits. In no event shall MACNA’s liability under any circumstance, exceed the amount actually paid to it by the Vendor for display space. MACNA makes no representations or warranties regarding the number of persons who will attend the conference.

OBSERVANCE OF LAWS: Vendor shall abide by and observe all laws, rules and regulations, and ordinances.

CANCELLATION OR TERMINATION OF EXHIBITS: If for any reason beyond its reasonable control including fire, strike, earthquake, damage, construction or renovation to the display site, government regulation, public catastrophe, act of God, or any similar reason, MACNA shall determine that the conference or any part may not be held MACNA may cancel the conference, including the booth space, table-top displays or any part thereof. In that event, MACNA shall determine and refund to the Vendor its proportionate share of the balance of the aggregate display fees received which remains after deducting all expenses incurred by MACNA.

VENDOR CANCELLATION: All payments made to MACNA under this application shall be deemed fully earned and non-refundable in consideration for expenses incurred by MACNA and MACNA’s lost or deferred opportunity to provide display space to others.

GENERAL CONDUCT OF VENDORS
The following are prohibited:
1. Noise that interferes with other Vendors.
2. Volatile, flammable, or explosive materials or any other substance prohibited by law or insurance carriers.
3. Subleasing of exhibit space.
4. Canvassing or exhibiting material outside the Vendor’s own space.
5. The use of billboard signs or other displays outside the Vendor’s own space.
6. Soliciting participation in surveys outside of Vendor’s own space or otherwise harassing registrants.
7. Solicitation of business or meetings in the interest of business by anyone other than representatives of exhibiting firms.
8. Publicizing and/or maintaining any extracurricular activities, inducements, displays or demonstrations away from the exhibit area during exhibit hours.
9. The use of thumb tacks, scotch tape, nails, screws, bolts, or any tool or material that could mark the floor or walls. No signs or other articles are to be fastened to walls or electrical fixtures.
10. Activities that would impede the flow of traffic through the area.
11. The distribution of foods or beverages other than those ordered through MACNA.

AGREEMENT TO TERMS, CONDITIONS, AND RULES: Vendor agrees to observe and abide by the foregoing terms and conditions and by such additional terms, conditions, and rules made by MACNA from time to time for the efficient and safe operation of the conference. This application represents the entire agreement between the Vendor and MACNA concerning the subject matter of this application. MACNA is not making any warranties or other agreements except as set forth above. Any amendment to this contract must be in writing signed by MACNA. The rights of MACNA under this agreement shall not be deemed waived except as specifically stated in writing and signed by an officer of MACNA. If any term of this agreement shall be declared invalid or unenforceable, the remainder of the agreement shall continue in full force and effect. This agreement shall be binding upon the heirs, successors, and assigns of the Vendor subject to the terms of this agreement regarding assignment.