Planned Parenthood Federation of America, Inc. et al v. Center for Medical Progress et al
Filing
1
COMPLAINT for Damages and for Declaratory and Injunctive Relief; DEMAND FOR JURY TRIAL against Biomax Procurement Services, LLC, Center for Medical Progress, Phillip S. Cronin, David Daleiden, Gerardo Adrian Lopez, Sandra Susan Merritt, Troy Newman, Albin Rhomberg ( Filing fee $ 400, receipt number 0971-10134208.). Filed byPlanned Parenthood/Orange and San Bernardino Counties, Inc., Planned Parenthood: Shasta-Diablo, Inc., Planned Parenthood Federation of America, Inc., Planned Parenthood Los Angeles, Planned Parenthood Pasadena and San Gabriel Valley, Inc., Planned Parenthood of Santa Barbara, Ventura and San Luis Obispo Counties, Inc., Planned Parenthood Mar Monte, Inc., Planned Parenthood of the Pacific Southwest. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Civil Cover Sheet)(Bomse, Amy) (Filed on 1/14/2016)
Exhibit B
Sponsor/Exhibitor/Advertisement Package Terms and Conditions
The North American Forum on Family Planning (the Forum) is the primary scientific and educational family
planning conference for medical and social scientists, clinical providers and staff, and will feature CME/CEU
accredited sessions that address a full range of services and research interests. PPFA recognizes that
commercial enterprises in the medical and pharmaceutical sector (“Industry”) play an important and valued role
in the support of education. PPFA is greatly appreciative of the financial support provided by sponsors from
Industry and is committed to maintaining a mutually beneficial partnership with Industry. For this reason, the
acceptance of each Sponsor’s support is conditioned upon their agreement to the following Terms and
Conditions.
1. PURPOSE AND USE OF SPONSORSHIP SUPPORT The purpose of PPFA's sponsorship program is
to further the education of the registrants. The exhibits and sponsored meetings must be educational and
informative, emphasizing information about products and services useful to the registrants' practice and
beneficial to the interests of their clients and patients. To this end, sponsorship donations shall be used to
defray the costs of the conference generally.
2. OBJECTIVITY AND ACCURACY OF INFORMATION Upholding the utility and credibility of the Forum
educational process and maintaining both the actuality and the appearance of propriety with regard to
Industry presence is paramount to PPFA. PPFA and Sponsor wholeheartedly adopt the principles
embodied in the Accreditation Council for Continuing Medical Education (ACCME) Standards for
Commercial Support. Sponsorship slots are limited. PPFA reserves the right to accept or reject
sponsorships in its own discretion, in consideration of meeting the educational, scientific or practice needs
of conference attendees. PPFA may exclude sponsors and/or sponsorship materials that it deems
inconsistent with PPFA policies or for any other reason PPFA deems in its best interests.
3. DISCLOSURE OF SPONSORSHIP RELATIONSHIP It is the policy of PPFA to insure balance,
independence, objectivity, and scientific rigor in all direct sponsored or jointly sponsored educational
activities. All presenters in any activities at the Forum are therefore expected to disclose to the activity
audience any real or apparent conflict(s) of interest that may have a direct bearing on the subject matter of
the presentation. For industrysponsored presentations, this requires full disclosure both orally and in
writing if applicableof the sponsorship arrangement, the products/services sold by that sponsor, and the
relationship between the speaker and the sponsor. The intent of this policy is to openly identify any
potential conflicts of interest so that the listeners may form their own judgments about the presentation with
the full disclosure of the facts.
4. DISCLAIMER OF PPFA Acceptance as a Sponsor does not imply PPFA support or endorsement for the
Sponsor, its products, or its services and the Sponsor may not so state or imply. In the interest of full
disclosure, PPFA and the Sponsor will state orally and, if appropriate, in writing, that their presentation
represents the view of the Sponsor exclusively, and was not reviewed or endorsed by PPFA.
5. INDEPENDENCE OF SALES AND PURCHASING DECISIONS Under no circumstances shall the
permission to conduct the sponsored event or educational session be related in any way for inducing or
rewarding purchases or referrals of the Sponsor's products. Moreover, neither PPFA nor PPFA affiliates
attending conference take sponsorships or the lack of sponsorships in account when awarding or
renewing contracts or purchasing products or services.
6. VOLUNTARY ATTENDANCE Attendance at any Sponsored event is completely voluntary and is not
related to any sales commitment or offer of discount, rebate or other salesrelated benefit.
7. CONTENT AND MATERIALS APPROVALS The content, materials, and speakers for Sponsored
sessions must be reviewed and approved by PPFA at least 21 days in advance of the session. PPFA may
withhold approval of the session or cancel the presentation if it deems the presentation to be inaccurate,
misleading, or contrary to law or the mission of PPFA.
8. DISCUSSION OF UNAPPROVED PRODUCT OR UNLABELED USE The Sponsor shall not promote
products that are not FDA approved. Presenters must disclose to participants, preferably in writing
through course materials, if any product discussed is not yet approved or is not labeled for the use under
discussion.
9. NO CME CREDIT Sponsored events may not offer continuing medical education credit.
10. SESSION ACCESS Exhibitors access is limited to the exhibit hall, receptions, and nonticketed meal
events. Exhibit badges do not provide access to general conference sessions or qualify for CME/CEUs.
11. NAME BADGES The costs for two (2) name badges for each Sponsor are included in the sponsorship
fee, unless otherwise noted on the attached Corporate Sponsorship Opportunities flyer. Sponsors who
also purchase exhibit space are entitled to two name badges in addition to the two (2) name badges
included with the booth space fee. Additional name badges can be purchased in advance at a cost of $200
per badge.
12. OTHER Any and all matters or questions not specifically covered by the preceding terms and conditions
shall be subject solely to the discretion of PPFA. All questions of the Sponsor should be directed to PPFA
through Vikky Graziani at TheForum@ppfa.org.
EXHIBIT SPACE
1. Exhibit space is limited. PPFA reserves the right to award exhibit space only to those Exhibitors whose
exhibits will best meet the educational, scientific or practice needs of conference attendees. PPFA may
exclude Exhibitors whose products or services are not consistent with PPFA policies or for any other
reason PPFA deems in its best interests.
2. A general contractor will be selected by PPFA for the exposition. Arrangements for shipment of materials,
equipment and booth furnishings will be made at the exhibitor's expense. DO NOT MAIL MATERIALS
DIRECTLY TO THE HOTEL. Upon receipt of the completed registration and payment, an Exhibitor's
Service Kit will be forwarded.
3. Exhibit personnel must staff exhibit during ALL show hours.
4. All exhibit personnel MUST wear the official exhibit badge issued by Planned Parenthood Federation of
America, Inc. (PPFA) and understand that such identification is required to gain entry into the exhibit hall. In
addition, all exhibit personnel agree to register in advance for the conference. All Exhibitors agree to notify
PPFA of all exhibit personnel by October 1, 2014 for badges and security purposes.
5. The costs for two (2) name badges per exhibit booth are included with the exhibitor registration fee.
Additional name badges can be purchased in advance at a cost of $200 per badge.
6. All display materials must be flame proof and are subject to inspection by the local Fire Department. No
flammable fluids or substances may be used or shown in the booths. In accordance with PPFA's "No
Smoking" policy, smoking of cigarettes, pipes or cigars will not be permitted in any of the exhibit areas
during designated exhibiting times.
7. PPFA reserves the right to restrict the use of glaring lights or irregular lighting effects. Audio‑visual and
other sound and attention getting devices must be relevant to the exhibitors' products or services. They
must not annoy or disturb other exhibitors.
8. Sufficient space must be provided within the exhibit booth to contain people watching demonstrations or
other promotional activities. Each exhibitor is responsible for keeping aisle/aisles surrounding the exhibit
booth free from congestion due to a demonstration or other promotional activity.
9. No signs or other articles shall be affixed, nailed or otherwise attached to walls, doors, etc., in such a
manner to deface or destroy them. Likewise, no attachments shall be made to the floors by nails, screws,
or any devices that would damage them. All space is leased subject to these restrictions.
10. Exhibitors or their agents shall not injure or deface the walls or floors of the building, the booths, and/or the
equipment or furnishings in the booths. The exhibitor will be held liable for any such damage caused by
him or his agent. The exhibitor assumes full responsibility for complying with union regulations; local, city
and state laws regarding sales taxes; and regulations concerning fire, safety, electrical wiring, and health.
11. No exhibitor shall assign, sublet, or share the space allotted without the advance knowledge and consent of
PPFA.
12. The purpose of the Exhibit Hall is to further the education of conference attendees. Exhibitors must show
only products manufactured or represented by their company in the regular course of business. Further,
only products or services fully described on the first page of this Agreement may be included in the Exhibit.
Exhibits must be of an educational character, shall not be primarily to attract or amuse, and must
emphasize products or services for use in the attendee’s medical practice, teaching, or research.
Exhibitors may only distribute gifts to attendees if such gifts are professional in nature, are of nominal
value, and come with no strings attached.
13. Character of Exhibits is subject to approval of PPFA. PPFA reserves the right to restrict exhibits that,
because of noise, methods of operation, or for any other reason become objectionable or reflect
unfavorably upon PPFA, and also to prohibit or evict without refund any exhibit (or parts of exhibits) or
persons that in the opinion of PPFA may detracts from the general character of the exhibition. PPFA may,
at its discretion, withhold or withdraw permission to distribute gifts to participants that are not in compliance
with the policies stated in this Agreement or not considered professional in nature.
LEGAL AND COMPLIANCE MATTERS
1. If an Exhibitor cancels its space at any time, 100% of the booth costs will be retained. All cancellations
must be made in writing to PPFA to the address on the first page of this Agreement.
2. PPFA represents that the fee paid by the Exhibitor or displaying promotional information about one or more
of Exhibitor’s products at the event noted above does not exceed the fair market value for the display.
3. Exhibitor and PPFA each agree that they shall comply with all applicable federal, state and local laws and
regulations in performance of its respective obligations pursuant to this Agreement, including, without
limitation, laws related to fraud, abuse, privacy, discrimination, disabilities, samples, confidentiality, false
claims and prohibition of kickbacks.
4. The exhibitor agrees that during the life of this contract the exhibitor’s company will not discriminate against
any employee or applicant for employment because of race, color, creed, national origin, ancestry, age,
religion, sexual orientation, or gender.
5. Exhibitors shall be responsible for compliance with the Americans with Disabilities Act of 1992 with regard
to their exhibit space, including but not limited to wheelchair access.
6. Acceptance of the display fee is not meant to serve as an obligation by PPFA, express or implied, to
purchase, prescribe or otherwise support the Exhibitor’s products. Inclusion of an Exhibitor in the Exhibit
Hall does not imply PPFA support or endorsement for the Exhibitor’s products or services and the Exhibitor
may not so state or imply.
7. Performance of this contract is contingent upon the ability of PPFA and the InterContinental Miami to
complete same and is subject to labor disputes, strikes or picketing, accidents, government (federal, state
or local) requisition, restrictions upon travel, transportation, supplies, and other causes, whether
enumerated herein or not, which are beyond the control of these entities. In no event shall they be liable for
Exhibitor's loss of profit or other similar or dissimilar collateral or consequential damages. In no event shall
the above entities' liability be in excess of the total amount of the exhibit fee contracted heretofore.
8. The parties to this Agreement shall be deemed for all purposes to be independent contractors and not an
employee or agent of the other party.
9. The exhibitor assumes responsibility and agrees to indemnify and defend Planned Parenthood Federation
of America and the InterContinental Miami and their respective employees and agents against any claims
or expenses arising out of the use of the exhibition premises. The exhibitor understands that neither
Planned Parenthood Federation of America, Inc., nor the InterContinental Miami maintains insurance
covering exhibitor's property and it is the sole responsibility of the exhibitor to obtain such insurance.
10. This Agreement shall be governed by the laws of the state of Colorado, without giving effect to its conflict of
laws provisions.
11. Any and all matters or questions not covered specifically by this Agreement shall be subject to the sole
discretion of PPFA.
TERMS AND CONDITIONS OF ADVERTISEMENTS
1. Advertising space is limited. PPFA reserves the right to award advertising space only to those
advertisements that will best meet the educational, scientific or practice needs of the conference
attendees. PPFA may exclude advertisements not consistent with PPFA policies or for any other reason
PPFA deems in its best interests.
2. Advertisement Specifications
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All ads should have a oneinch border on all sides of the image.
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Images should be set at a printable resolution (approximately 300 dpi). Acceptable file formats include:
PDF, JPEG, EPS, and TIF. A combination of the desired resolution at the smallest reasonable file size
is preferred. We can resize the ad if necessary. When in doubt, larger files are better than smaller
files.
We cannot bleed print.
Ads should be emailed to Vikky Graziani at Vikky.Graziani@ppfa.org.
All ads must be received by 5:00 p.m. ET Friday, August 8, 2014.
Fullpage ad image dimensions: 8½” x 11"
Halfpage ad image dimensions: 8½” x 5½" (horizontal) or 4¼" x 11" (vertical)
Quarterpage ad image dimensions: 4¼" x 5½"
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