Each Participant (as defined in Paragraph 1.10 of the Arbitration Section below) completing a Registration Application for, and/or attending, the American Film Market ("AFM") agrees, for itself and for all of the employees and other representatives of the Participant and their invitees, to abide and be bound by all rules and regulations, AFM Guidelines and written instructions of the AFM (sometimes collectively and individually referred to as the "AFM Market Rules"), and in particular the following:
- Neither the Participant nor any of its employees or other representatives, or their invitees, shall engage in any activity as an agent, licensor, distributor or otherwise related to the sale or licensing of motion pictures within the AFM, if such Participant is already actively engaged in the international sale or licensing of motion pictures, except that those Participants who have registered and paid their fees as an Exhibitor or Sponsor may participate in the AFM as Exhibitors.
- In addition to satisfying the AFM Buyer Accreditation requirements, each individual attending the AFM as a Buyer must meet the following criteria:
- a. An employee of a company which has contracted with one (1) or more IFTA Members for such company to actually distribute in at least one (1) audio-visual medium a total of at least three (3) motion pictures during the three (3) years immediately before the AFM; or
- b. An employee of a company which has contracted with one (1) or more IFTA Members for such company to actually sub-distribute (i.e. re-license) in at least one (1) audio-visual medium a total of at least three (3) motion pictures during the three (3) years immediately before the AFM.
Counterfeit badges are absolutely prohibited. If any individual is found wearing a counterfeit badge, AFM Security will escort that person off the restricted office floor or out of the theatre and confiscate the badge. Any Participant found to have produced, distributed, authorized or in any other way participated in the use of counterfeit badges will be subject to fines or other sanctions, including but not limited to barring from future American Film Markets. In addition, the AFM may refer such individuals and organizations to law enforcement authorities.
GENERAL INFORMATION
Notice to Participants
The American Film Market ("AFM") is owned and operated by the Independent Film & Television Alliance ("IFTA"), a non-profit trade association registered in the State of California. IFTA is not responsible for the activities, performance or failure to perform of any of its Member companies, Exhibitors, Buyers, Industry Attendees, Sponsors, Affiliates or any other party who may participate at the AFM or who may otherwise utilize the facilities or services of the AFM or IFTA (the "Participant" or "Participants"); nor are they liable for the actions, inactions or negligence of suppliers, utilities, vendors, screening theatres, hotels, transportation and other facilities and/or parties; nor for force majeure events including without limitation, strikes, work stoppage, war or military activities, civil disorders, criminal conduct of others, weather, fire, earthquakes, acts of God or any other events beyond IFTA's control. All Participants shall indemnify and hold harmless IFTA, its Members, officers, directors, employees and agents of each of the foregoing from and against any and all claims, damages and liabilities (including reasonable attorney's fees) relating to or arising out of any breach or alleged breach of their agreements or alleged agreements with third parties.
All Participants shall be responsible for their costs and fees associated with participating in the AFM, including but not limited to, all fees associated with Exhibitor, Buyer, and Industry attendee registration and participation, sponsorships, screening fees, costs associated with any type of badges, equipment and furniture rental fees, and any other costs or fees assessed in association with participating at the AFM. All Participants shall indemnify and hold harmless IFTA, its Members, officers, directors, employees and agents of each of the foregoing from and against any and all claims, damages and liabilities (including reasonable attorney's fees) relating to or arising out of any request by a Participant for IFTA’s assistance with a Participant’s personal property or rented equipment, including transporting such property or equipment.
Each Participant expressly consents to receive via facsimile, e-mail or any other means, information or materials from the AFM, IFTA or the IFTA Foundation. Participant may withdraw this consent at any time by notifying IFTA in writing.
Maintaining the Integrity of the AFM
IFTA has developed guidelines as well as other rules, regulations and written instructions, such as the AFM Guidelines, (sometimes collectively and individually referred to as the “AFM Market Rules”) for all Participants. Each Participant and all of its employees, agents, consultants and guests, shall abide and be legally bound by the AFM Market Rules. Failure to do so may result in revocation of previously granted badges and/or prohibition of the Participant and/or its employees, agents, consultants and guests from participating at future AFM(s). As the owner and operator of the AFM, IFTA has the right in its sole discretion to apply and interpret the AFM Market Rules. In the event of such revocation, IFTA shall have the absolute right to prohibit entry to the AFM, including Exhibitor's exhibition space. Also, in such event, the Participant shall not be entitled to a refund or rebate of any fees previously paid to the AFM or to IFTA, nor shall IFTA be responsible in any way for any of the costs which the Participant may have incurred in connection with, preparation for, or attendance at the AFM.
IFTA reserves the right to revoke previously granted badges and/or prohibit a company, its Affiliates, all its employees, and/or an individual from participating in a current or future AFM(s) for, including but not limited to, the following reasons: (1) Participants who breach the safety and security of the AFM, which includes, but is not limited to, threats to other Participants, AFM staff, Loews Santa Monica Beach Hotel and/or Le Merigot Hotel (“Hotel”) staff, or any Person whatsoever, carrying of weapons, or violations of general security concerns at the AFM; (2) Participants who have been convicted of criminal copyright infringements; (3) Participants who have infringed the intellectual property rights of IFTA or the AFM, including but not limited to, unauthorized use of IFTA’s registered trademarks or copyrights; (4) Participants who violate any Terms of Use found on the IFTA or AFM websites; (5) Participants who have outstanding unpaid invoices from a prior AFM(s); (6) Participants who have been barred pursuant to Section B. below; (7) Participants who do business on behalf of Non-Prevailing Parties and/or Related Entities that have been barred pursuant to Section B. below; and/or (8) Any other act which IFTA determines, in its sole discretion, may compromise the integrity of the AFM.
Any communication sent by Participants within the U.S. with respect to the AFM shall be in compliance with the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act).
Badges
Badges must be worn at all times for the duration of the AFM. AFM Security will prevent individuals without an AFM Badge from gaining access to the Exhibitor floors. An AFM Badge allows access to most screenings but does not guarantee access to every screening. If any Participant wears a badge other than his or her own, AFM Security will confiscate the badge. Confiscated badges will not be returned. Fines or other sanctions may be imposed.
No AFM Badge is required for children in strollers who are accompanied by an adult Participant who has his or her own AFM Badge. Participants under the age of fifteen (15) years old will be provided with a complimentary AFM Badge and must be accompanied at all times by an adult Participant who has his or her own AFM Badge. Participants sixteen (16) years old and older must purchase an AFM Industry Attendee Badge.
Only employees of an Accredited Buyer are able to purchase a Buyer Badge for that Accredited Buyer.
Lost or stolen Photo Badges must be reported to AFM Security and there may be a 24-hour waiting period before a new badge is issued. IFTA reserves the right to not issue a replacement badge. There are no replacements for Day Badges or Visitor Badges.
Any Person found to have produced, distributed, authorized or in any other way participated in the use of counterfeit badges will be subject to fines or other sanctions, including prohibiting such company, its Affiliates, all its employees, and/or an individual from participating in a current or future AFM(s).
Temporary Office Space
A Participant, with or without an AFM office, may not retain temporary office space (one month or less) in the City of Santa Monica. IFTA reserves the right to rescind all rights and privileges of participation and/or exhibition at this and future AFM(s) in the event of such occurrence.
Exhibitor Services
Included with each Exhibitor registration are four (4) Photo Badges (additional badges for IFTA Members), signage and inclusion in all Exhibitor listings. Services such as outside telephone lines, additional badges, parking, fax machines, video equipment, panels, furniture, etc., are available for additional fees. All information regarding additional services and fees is included in the AFM Exhibitor Binder which is mailed three (3) months in advance of the AFM.
Exhibitor offices are in Hotel rooms, so some hotel furniture is provided free of charge with most offices. Approximate measurements will be provided, but Exhibitors are advised to take their own measurements if custom displays are to be used.
Office Allocation
For a company to participate in the first round of office assignments, the Office Request & Exhibition Agreement along with a $2,000 non-refundable deposit must be received by Friday, 12 June. Any Exhibitor from the prior AFM that does not request space by this date will automatically lose office allocation priority.
IFTA reserves the right to allocate offices, and to modify or change an Exhibitor’s office location and/or configuration relative to the needs of the AFM as solely determined by IFTA.
Office assignments will be confirmed via email by Thursday, 25 June. It is the Exhibitor’s responsibility to contact IFTA if office confirmation is not received by Friday, 26 June. Any Exhibitor that rejects an office assignment must respond in writing by Friday, 3 July. If a written response is not received, IFTA will consider the office assignment accepted.
Office Sharing
Two (2) Exhibitors may share a one (1) room regular office (codes A-F) or meeting room (codes W-Y). Office sharing is limited to two (2) Exhibitors per office. The First Exhibitor (the Exhibitor assigned the office space) is responsible for its own Exhibition Fee and the entire cost of the office. The Second Exhibitor will submit an Exhibition Agreement and pay a share fee to IFTA ($3,500 for non-IFTA Members; $2,000 for IFTA Members). If an office is shared without prior approval, IFTA may, at its sole discretion, close the office and revoke all badges allocated to all companies in the office. In such case, each Exhibitor will forfeit all prior payments relating to its exhibition at the AFM. Contact the Manager of AFM Exhibitor Services for additional information on Office Sharing.
Use of Exhibit Space
Overnight sleeping in AFM offices is prohibited.
Subsidiaries
An Exhibitor may list a brand or label (“Subsidiary”) at no charge, provided the Exhibitor owns 50% or more of the Subsidiary. The Subsidiary will have no other additional benefits (i.e., no free badges). The Subsidiary may be listed with the Exhibitor or separately. If the Exhibitor does not own 50% or more of the Subsidiary, then the Office Sharing guidelines above will apply.
Eligibility to Screen Films in AFM Theatres
To screen films in AFM theatres, the Office Request & Exhibition Agreement must be received by Friday, 12 June. Exhibitors that do not request offices by 12 June will not be permitted to screen films. Exhibitors that share an office or participate under a National Umbrella Program must submit their Exhibition Agreement by 26 June to be eligible. Exhibitors without an office are not eligible to screen films.
Payment, Cancellations and Refunds
All costs are in U.S. dollars. The $2,000 deposit will be refundable only if the office assignment is rejected in writing and such rejection is received by IFTA by Friday, 3 July. If full valid office payment is not received by Friday, 24 July, the office allocation(s) may be cancelled and reassigned.
Cancellations after Friday, 7 August are subject to a cancellation fee of 50% of the office(s) and the Exhibition Fee cost. There are no refunds for cancellations after Friday, 4 September.
All payments must be in U.S. dollars and made by check (drawn on a U.S. bank), U.S. dollar Travelers Check, credit card (American Express, Discover, MasterCard or VISA) or bank wire transfer.
A returned check or credit card authorization refusal may, at IFTA’s sole discretion, result in a loss of office priority allocation, or the ability to exhibit at the AFM. In such instances, IFTA may require payments by Cashier's Check. A $100 service charge will be assessed for each returned check.
If any fees or deposits are paid by a third-party, it is understood and agreed that the Exhibitor is ultimately responsible for payment of charges and that IFTA has the right to confirm the identification of any third-party payer and its relationship to the Exhibitor. By making such payment, the third-party, and where applicable, its employees and other representatives, agrees to fully comply with the AFM Market Rules. The Exhibitor shall indemnify IFTA for any losses suffered in connection with the third-party's payment, failure to pay or any actions IFTA undertakes in order to recover payment. IFTA reserves the right to institute collection procedures against the Exhibitor and/or the third-party if the third-party does not pay. IFTA reserves the right to prohibit any Participant from future AFMs for failure to pay an invoice.
All orders must be submitted on the appropriate form and accompanied by payment in full. Forms received without payment will not be processed. Changes and cancellations must also be submitted in writing by the appropriate deadlines.
All fees must be paid in full prior to the AFM. Exhibitors with outstanding balances will not be allowed office access. Any monies due to Exhibitor from the AFM will be refunded by Friday, 8 January 2010. Credit due from any cancelled or unfulfilled orders may not be applied to other AFM orders or fees.
Exhibitor Badge Eligibility and Restrictions
Exhibitors may provide badges to business colleagues, including employees, consultants, producers, etc. Exhibitors that are Accredited AFM Buyers may request a Buyer Badge for any full-time employee. However, Exhibitors may not provide badges to Buyers from other companies. In such instances, the Exhibitor’s badges may be revoked and the Exhibitor may be prohibited from attending future AFMs. Exhibitors with a National Umbrella Program may provide badges to full-time employees only.
Exhibitor Insurance/Exhibitor's Liability
Exhibitor acknowledges that IFTA does not maintain insurance for the benefit of, or coverage for, the Exhibitor, including, but not limited to, damage, destruction, or loss of Exhibitor's property. Accordingly, Exhibitor is required to provide to IFTA proof of insurance coverage in the form of a Certificate of Insurance, naming IFTA as an additional insured from Monday, 2 November through Wednesday, 11 November and with a minimum $1,000,000 per occurrence/$1,000,000 aggregate combined single limit, bodily injury and property damage. If two Exhibitors share an office, each Exhibitor must provide separate proof of insurance coverage. Exhibitor may choose to purchase an insurance package through the AFM's designated insurance broker. Additional insurance including, but not limited to, theft, fire, and liability, if so desired, may be obtained at the Exhibitor's own expense. Neither the Hotel nor IFTA will be responsible for the safety of the Exhibitor against robbery, assault, battery, fire, water, accident or any other cause. Should loss by theft occur, cooperation of the Exhibitor is requested by reporting it immediately to the police and AFM Security.
Exhibitor further agrees to make no claim against IFTA and agrees that IFTA shall not be liable for any reason whatsoever for any injury (including death), loss or damage that may occur to any person nor any loss, theft, damage, or destruction of personal property or goods of the Exhibitor or its employees, agents or representatives; nor for any damage of any nature, including damage to the Exhibitor's business for failure to provide an office or any other reason whatsoever; nor for failure to hold the AFM or portions thereof, as scheduled; nor for any action or omission of IFTA. Exhibitor is solely responsible for its own exhibition material and products and should insure material and products from loss or damage from any cause whatsoever. Exhibitor expressly holds harmless and releases IFTA for any and all claims from such loss, damage or injury. In any event, the liability arising out of any kind of legal claim in connection with the event shall not exceed the fees paid by the Exhibitor pursuant to the Office Request & Exhibition Agreement.
Product
No pornographic or "hard core" films may be screened at AFM theatres, shown in offices or otherwise promoted at the AFM. However, such films may be screened or shown in AFM offices if they have been edited for U.S. pay cable standards (i.e. if they would meet (or have met) the standards for HBO or Showtime's adult programming). An Exhibitor that screens in violation of this AFM Market Rule may have its badges revoked and may be prohibited from attending future AFMs.
Promotional Material
Promotional materials may not be handed out or left in the Hotel hallways, elevator lobbies, bathrooms, or anywhere on Hotel property. All such materials will be confiscated and/or removed by AFM Security.
Promotional materials may not be left unattended at the AFM screening facilities. Promotional materials may be distributed inside the theatre during an Exhibitor's screening only.
An Exhibitor may not distribute from its office(s) any publication from any company not participating as an AFM Exhibitor, Sponsor or Affiliate.
ARBITRATION
A. GENERAL
This Section of the AFM Guidelines outline IFTA’s rules regarding Independent Film & Television Alliance Arbitration ("IFTA Arbitration") as it relates to participation at the annual AFM. Any reference to IFTA Arbitration or the Independent Film & Television Alliance Rules for International Arbitration (“IFTA Arbitration Rules”) in these AFM Guidelines shall include those arbitrations conducted under the IFTA Arbitration Rules and/or American Film Marketing Association Rules and/or AFMA Rules, where the matter in controversy relates to an agreement relating to the distribution and/or financing of one or more motion pictures or television programs in a territory other than the home territory of the licensor. IFTA encourages the use of arbitration to resolve disputes between parties in the entertainment industry through the IFTA created and operated Arbitration Tribunal. Neither IFTA nor the AFM is responsible for the outcome or decision of any such arbitration.
A company may, but is not required to, utilize the IFTA Arbitration Rules by incorporating into its license agreements a dispute resolution provision relying on the IFTA Arbitration Rules. Any company interested in the IFTA Arbitration Rules may obtain a copy by contacting IFTA or visiting its website at www.ifta-online.org.
IFTA's Board of Directors has established the AFM as a forum to facilitate the international licensing of films and television programs and to provide a benefit to IFTA's Members, as well as non-IFTA Members. To ensure the integrity of the AFM, IFTA has developed the following procedures for barring attendance at the AFM. This Section of the AFM Guidelines applies to arbitrations conducted under the IFTA Arbitration Rules, including any arbitrations conducted under any prior name, including AFMA Arbitration and American Film Marketing Association Arbitration, where the matter in controversy relates to an agreement relating to the distribution and/or financing of one or more motion pictures or television programs in a territory other than the home territory of the licensor. Under this Section, a Non-Prevailing Party failing to satisfy a confirmed IFTA Arbitration award, or any Related Entity thereto, may be barred from attending up to two (2) AFMs. Any Participant who conducts business on behalf of a barred company or individual may also be barred from attending up to two (2) AFMs. A Person may also be barred from the AFM under this Section if it has outstanding financial obligations to IFTA or IFTA Arbitrators.
B. BARRING FROM ATTENDANCE AT AFM FOR FAILURE TO SATISFY AN IFTA ARBITRATION AWARD
1. Definitions:
1.1 "Affiliate" means an entity owned or controlled by another company or which entity is owned or controlled by an Affiliate of another company. For purposes of this definition, "owned by" means ownership of shares of stock or other evidence of ownership in an amount exceeding 50%. "Controlled by" means that one company has the authority to determine the business decisions of another entity.
1.2 "IFTA Arbitration" means an arbitration conducted pursuant to the IFTA Rules for International Arbitration, the AFMA Rules for International Arbitration and/or the American Film Marketing Association Rules for International Arbitration and administered by the IFTA Arbitration Tribunal or its predecessors, AFMA Arbitration Tribunal and American Film Marketing Association Arbitration Tribunal, where the matter in controversy relates to an agreement relating to the distribution and/or financing of one or more motion picture or television programs in a territory other than the home territory of the licensor, provided that each party or its Affiliate was a party to the agreement in dispute or agreed in writing to be bound by the arbitration provisions in the agreement in dispute as they relate to these AFM Guidelines; or if it was not a party to the agreement in dispute or so agreed to be bound, then it was assigned such agreement or the right to bring or defend the arbitration, or found to be legally bound by such agreement by a court of competent jurisdiction, and also in such event: (i) was at the time such agreement was entered into a real party in interest or a beneficiary thereto; or (ii) the owner, distributor, sales agent, licensor or licensee of, or held other rights in, or was an Affiliate of, a party holding such other rights in the motion picture, television program, or other property which is the subject of such agreement; or (iii) was the producer, financier, or distributor or an Affiliate of the producer, financier, or distributor of the motion picture, television program or other property which is the subject of such agreement.
1.3 "Buyer" means a Person who registered and attended as a designated "Buyer" at an AFM that occurred no more than three (3) years prior to the commencement of the IFTA Arbitration.
1.4 "Confirmed Award" means an IFTA Arbitration award issued by an arbitrator that has been reduced to a final judgment, such that no further appeal is available to any Non-Prevailing Party or Prevailing Party by a court of competent jurisdiction, or otherwise finally adjudicated as a civil judgment in any country that recognizes foreign judgments or arbitral awards.
1.5 "Due Notice" means a written statement demanding satisfaction of the Confirmed Award sent by certified or registered mail, courier, telex, facsimile or email to the address, facsimile number or email address shown for the Non-Prevailing Party in the parties' agreement or to any address which the Prevailing Party has been informed by the Non-Prevailing Party or Related Entity or which is known to be the last known place of business, habitual residence, mailing address, facsimile number or email address of the Non-Prevailing Party or Related Entity. If the sender has reasonable grounds to believe that such Notice will not reach the recipient Non-Prevailing Party or Related Entity, then Due Notice also shall require publication of the Notice for three (3) consecutive days in a newspaper of general circulation in the community where the recipient lives or maintains its offices, and in an international trade paper of general circulation in the country where the recipient is domiciled. The written statement must be in the native language of the recipient, or the language in which negotiations regarding the subject matter of the IFTA Arbitration were conducted.
1.6 "Exhibitor" means a Person who registered and attended as a designated "Exhibitor" an AFM that occurred no more than three (3) years prior to the commencement of the applicable IFTA Arbitration.
1.7 "IFTA Arbitrator" means a Person who has served as an arbitrator in an IFTA Arbitration.
1.8 "Non-Prevailing Party" means any Person who was a party to an IFTA Arbitration against whom the arbitrator rendered an IFTA Arbitration award or any Person who was the assignee or successor to the rights of such Person under an agreement described in Paragraph 1.2 above or any Person against whom a court has rendered a Confirmed Award based upon an underlying IFTA Arbitration award.
1.9 "Notice of Barring" means a written statement from IFTA notifying a Person that it is barred from attending the next AFM. The Notice of Barring shall be sent by certified or registered mail, courier, telex, facsimile or email to the address, facsimile number or email address shown for the Person in the parties' agreement or to any address, facsimile number or email address which the Prevailing Party or IFTA Arbitrator has been informed by the Person or which is known to be the last known place of business, habitual residence, mailing address, facsimile number or email address of the Person.
1.10 "Participant" means any Exhibitor, Buyer, Industry Attendee, Sponsor, Affiliate or any other Person who may participate at the AFM or who may otherwise utilize the facilities or services of the AFM or IFTA.
1.11 "Person" means any natural person or legal entity.
1.12 "Prevailing Party" means any Person who was a party to an IFTA Arbitration, in whose favor the arbitrator rendered an IFTA Arbitration award or any Person who was the assignee or successor to the rights of such Person under an agreement described in Paragraph 1.2 above.
1.13 "Related Entity" means any legal entity which is determined to be substantially related to a Non-Prevailing Party that has been barred pursuant to these Guidelines and which seeks to continue the business of the barred Non-Prevailing Party.
2. Prevailing Party’s Demand to Bar a Non-Prevailing Party:
If any Prevailing Party has obtained a Confirmed Award in an IFTA Arbitration and the Non-Prevailing Party has not fully satisfied such Confirmed Award, then the Prevailing Party may apply to IFTA to bar the Non-Prevailing Party from attending the AFM in accordance with the following:
2.1 The Prevailing Party must submit to IFTA a written demand containing all information required by the applicable provision(s) of these Guidelines (the “Demand”) requesting that the Non-Prevailing Party be barred from the AFM in accordance with the AFM Guidelines for failure to satisfy a Confirmed Award; and
2.2 A Demand may be submitted any time after a Confirmed Award has been rendered provided that no further appeal is available to any Non-Prevailing Party or Prevailing Party by a court of competent jurisdiction. IFTA will not bar the Non-Prevailing Party from the AFM unless a Demand that meets all of the requirements of Paragraph 2.3 below is received by IFTA at least seventy-five (75) calendar days prior to the start of such AFM. All Demands received will be processed in accordance with the AFM Guidelines in effect for the next AFM once published; and
2.3 A Demand must contain: (i) a statement, to the best of the Prevailing Party's knowledge describing the identity of the Non-Prevailing Party and the Non-Prevailing Party's current address, telephone, facsimile and other contact information; (ii) a copy of the final award rendered against the Non-Prevailing Party in the IFTA Arbitration; (iii) a copy of the judicial order making the IFTA Arbitration award a Confirmed Award; (iv) a copy of the Prevailing Party's Due Notice to the Non-Prevailing Party demanding satisfaction of the Confirmed Award; (v) a statement of the exact amount of and/or conditions of the Confirmed Award as of the date of the Demand; (vi) a statement from an authorized executive or officer of the Prevailing Party or its legal counsel that all of the documents and information submitted to IFTA are true and correct to the best of his or her knowledge and (vii) a statement from an authorized executive or officer of the Prevailing Party or its legal counsel that the judgment is final pursuant to Paragraph 1.4, above, to the best of his or her knowledge.
3. Notice of the Demand from IFTA
In accordance with Paragraph 2 of this Section, IFTA or persons authorized by IFTA will promptly evaluate the Demand for compliance with the AFM Guidelines. Subject to the deadline set forth in Paragraph 2.2 above, any defect in the Demand will cause it to be returned to the Prevailing Party for resubmission in the proper form. Upon determination that a Demand satisfies the applicable AFM Guidelines within the deadline, IFTA will provide the Non-Prevailing Party and, if applicable, any entity which the Prevailing Party claims is a Related Entity, notice of the Demand. Failure to fully satisfy the Confirmed Award may result in the Non-Prevailing Party and, if applicable, any Related Entity being barred from the AFM.
4. Barring From American Film Market:
If, within ten (10) calendar days of transmission of IFTA's notice of the Demand to the Non-Prevailing Party, IFTA has not received written evidence from the Non-Prevailing Party that it has satisfied the Confirmed Award, and if applicable, paid all related interest and costs, then IFTA will send a Notice of Barring to the Non-Prevailing Party stating that the Non-Prevailing Party may not attend the next AFM in any capacity whatsoever. Notwithstanding the Notice of Barring, upon submission at any time to IFTA of irrefutable evidence, in a form satisfactory to IFTA, that such Confirmed Award plus interest and costs (if applicable) has been satisfied, IFTA will lift the barring. However, with respect to an Exhibitor, if such evidence is not submitted to IFTA at least twenty-one (21) calendar days prior to the start of such AFM, the Exhibitor’s office will be deemed abandoned and all previously paid office and exhibitor fees will be forfeited.
5. Renewal of Demand:
A Prevailing Party may file a second Demand to Bar a Non-Prevailing Party and/or Related Entity from attending a second AFM upon the satisfaction of the applicable conditions in this Section. However, in no case may a Non-Prevailing Party or Related Entity be barred from attending more than two (2) AFMs for failure to satisfy the same Confirmed Award, nor may a Related Entity be barred if the Non-Prevailing Party is no longer barred.
6. Withdrawal of Demand:
A Prevailing Party may at any time withdraw its Demand in writing, even after Notice of Barring has been sent to a Non-Prevailing Party and/or Related Entity and IFTA will lift the barring accordingly. If the withdrawal is made in sufficient time to allow the Non-Prevailing Party and/or Related Entity a reasonable opportunity to attend the AFM, then IFTA will send the Non-Prevailing Party and/or Related Entity a notice that the Demand was withdrawn and it will be treated as null and void. Notwithstanding such withdrawal, if the Non-Prevailing Party and/or Related Entity is an Exhibitor, the provisions of Paragraph 4. of this Section will apply.
7. Indemnification of IFTA:
As a condition of IFTA sending its notice of a Demand to bar a Non-Prevailing Party and/or Related Entity, the Prevailing Party agrees to indemnify and hold harmless IFTA and its officers, executives, representatives, employees, and Members (other than the Non-Prevailing Party and/or Related Entity) from any claims, costs, liabilities, damages, judgments or expenses (including attorneys' fees) which arise in connection with such notice and barring of the Non-Prevailing Party and/or Related Entity, including the publication of barring information, on such terms and conditions as IFTA believes appropriate. The Prevailing Party's Demand shall constitute the Prevailing Party's agreement to indemnify and hold harmless IFTA.
8. Publication:
IFTA may in its sole discretion publicize information regarding a barring and/or any decision by IFTA in connection with a Demand or IFTA Arbitration generally.
C. BARRING FROM ATTENDANCE AT AFM FOR FAILURE TO PAY IFTA OR IFTA ARBITRATION FEES
If a Person agrees to use the IFTA Rules for International Arbitration, then the Person must satisfy all of its outstanding financial obligations to IFTA and the IFTA Arbitrator(s) involved upon conclusion of an IFTA Arbitration (e.g. settlement, dismissal, issuance of an award or otherwise closed so that neither IFTA nor any IFTA Arbitrator has jurisdiction over the IFTA Arbitration), provided that any final, non-appealable award issued has not been set aside or vacated by a court of competent jurisdiction.
All such obligations to IFTA and the IFTA Arbitrator(s) must be fully satisfied before a Person, whether Prevailing Party or Non-Prevailing Party, may participate in an AFM. In the case of unpaid obligations to IFTA, whether related to IFTA Arbitration or otherwise, IFTA may bar any Person from such AFM at its sole discretion. Failure to fully satisfy such obligations may result in a Person being barred from the AFM for up to two (2) AFMs.
If an IFTA Arbitrator has not been paid his or her fees by either party upon conclusion of an IFTA Arbitration, then the IFTA Arbitrator may apply to IFTA to bar such Person from attending the AFM in accordance with the AFM Guidelines. An IFTA Arbitrator’s “Request” to bar a Person must contain: (i) a statement, to the best of the IFTA Arbitrator’s knowledge, describing the identity of the Person owing the fees and the Person’s current address, telephone, facsimile and other contact information; (ii) a statement that the IFTA Arbitration has concluded; (iii) a statement that to the best of the IFTA Arbitrator’s knowledge the award, if one was issued, has not been vacated; (iv) a copy of the itemized invoice of fees and the amount owed by the Person; (v) a statement that to the best of the IFTA Arbitrator’s knowledge, the award, if one was issued, is final and not subject to any appeal or motion to vacate; and (vi) a copy of the IFTA Arbitrator’s correspondence to the Person demanding payment of the outstanding fees. IFTA will not bar any Person from the AFM pursuant to this Section if such Person was a party to an IFTA Arbitration that was found to be in default for failure to pay an IFTA Arbitrator’s fees. IFTA will not bar any Person from the AFM unless a Request that meets all of the foregoing requirements of this Section is received by IFTA at least seventy-five (75) calendar days prior to the start of such AFM. All Requests received will be processed in accordance with the AFM Guidelines in effect for the next AFM.
Upon determination that a Request satisfies the AFM Guidelines, IFTA will send a Notice of Barring to the Person stating that the Person may not attend the next AFM in any capacity whatsoever. Notwithstanding any Notice of Barring, upon submission at any time to IFTA of irrefutable evidence, in a form satisfactory to IFTA, that the outstanding financial obligations have been paid to IFTA or the IFTA Arbitrator, IFTA will lift the barring. However, with respect to an Exhibitor, if such evidence is not submitted to IFTA at least twenty-one (21) calendar days prior to the start of such AFM, Exhibitor’s office will be deemed abandoned and all previously paid office and exhibitor fees will be forfeited.
D. SPECIAL CONCERNS FOR EXHIBITORS
Under no circumstances may an Exhibitor badge any Person or Related Entity who (a) has been barred from the AFM or (b) is employed by or (c) is a consultant to a company that has been barred from attendance at this year's AFM. Any individual who was badged at the last AFM by a currently barred company will be presumed to still be in the employ of such barred company. An Exhibitor may badge such an individual only on presentation of bona fide documentary evidence that such individual is no longer employed by the barred company. Subject to Paragraph 8 of these AFM Guidelines, a list of all barred Non-Prevailing Parties, Related Entities and Persons will be available at www.americanfilmmarket.com at least twenty-one (21) calendar days prior to the AFM and will be updated, if necessary, as changes occur.
Any Exhibitor that badges a Person, Non-Prevailing Party or Related Entity in violation of the AFM Market Rules may be assessed a $2,000 fine per infringement. In addition, the Exhibitor's badges may be revoked, and the Exhibitor may be prohibited from attending future AFMs.
APPLICATION AND ENFORCEMENT OF AFM MARKET RULES
IFTA reserves the right to determine the application and enforcement of the AFM Market Rules. Failure to abide by the AFM Market Rules, including the AFM Guidelines, may result in revocation of previously granted badges and/or prohibition of the company, its Affiliates, and all such individuals from participating at future American Film Markets. No Person at the AFM may conduct business in the name of a barred company. Engaging in business on behalf of a barred Person is a violation of the AFM Market Rules and will result in a revocation of badge privileges and the Person conducting such business may be individually prohibited from attending future AFMs. In the event of such badge revocation, IFTA shall have the absolute right to prohibit entry to the AFM. Also, in such event, the Person shall not be entitled to a refund or rebate of any fees previously paid to the AFM or to IFTA, nor shall the AFM or IFTA be responsible in any way for any of the costs which the company, or such individuals, may have incurred in connection with, preparation for, or attendance at the AFM.
For questions regarding barring, please contact Kim Tommaselli at ktommaselli@ifta-online.org.