Exhibit Rules & Regulations
Payments 2021 Exhibit Rules & Regulations
1. APPLICATIONS AND ELIGIBILITY - It is understood that the following terms are accepted as part of the contract between Nacha and the Exhibitor listed in the Payments 2021 Application and Contract for Exhibit Space (the “Exhibitor”) to rent exhibit space at Payments 2021. The Payments 2021 Application and Contract for Exhibit Space (the “Exhibitor Contract”) is attached hereto and its terms are incorporated herein. Any entity whose proposed exhibit will enhance the business of banking and the purposes of Nacha’s meeting or convention, and facilitate those purposes, may apply for booth space. Nacha reserves the right to reject any application. Nacha may cancel for cause, including violation of Nacha’s Code of Conduct, and without prior notice, the Exhibitor contract. Nacha has complete discretion in the interpretation and enforcement of all terms and conditions governing exhibitors. All matters and questions not covered by this document shall be subject to the final judgment and decision of Nacha.
2. ASSIGNMENT OF SPACE - Classification of exhibits and assignment of booth space will be determined by Nacha. Nacha will assign space based on several factors including: receipt of an exhibitor contract and minimum deposit, individual vendor location preferences, and first‐come, first‐served space available basis.
4. BOOTHS - Standard booth equipment (back and sidewall draping, and identification sign) will be provided by Nacha without cost to the exhibitor if ordered in advance. If an exhibitor plans to install a completely constructed display of such a character that the exhibitor will not require or desire the use of standard booth equipment, no part thereof shall project so as to obstruct the view of adjacent booths.
a. Reduction of booth space may result in the relocation of exhibit space if it is determined by Nacha to be in the best interest of the conference/event.
b. The floor plan maintained by Nacha Event Sales shall be the official floor plan. Changes to the exhibit hall floor plan may occur at any time, for any reason and without any prior notice to accommodate conference/event needs.
5. PAYMENT AND CANCELLATION TERMS - A 50% non-refundable deposit is due within 30 days of signing of this Exhibitor Contract to hold exhibit space reservation. Payment of remaining 50% is due by November 15, 2020. Any contract signed after November 15, 2020 must be paid in full upon submission of the Exhibitor Contract. Exhibitor cancellation requests must be received in writing. Refund of fees, less the non- refundable deposit, will only be paid for cancellations received by November 15, 2020. The fees are non- transferable. No Exhibitor benefits convey if booth space is cancelled. Payment in full is required before Exhibitor or his employees or agents may begin set- up. In the event of cancellation by an exhibitor, Nacha shall have the right to use any exhibit space assigned to Exhibitor to suit its convenience, including making such space available to another exhibitor. Nacha assumes no responsibility for having included the name of Exhibitor or descriptions of its products and/or services in the event marketing materials. If downsizing 2021 contracted exhibit booth, refund of fees will be paid as follows: a) 50% of the downsized contracted amount if written notice is received by November 15, 2020. b) No refund of the downsized contracted amount if written notice is received after November 15, 2020.
If cancellation of exhibit space is received after the pre-conference attendee lists have been distributed Nacha reserves the right to, among other things, (1) deny exhibiting organization’s application to exhibit at the next year’s Payments conference or (2) require the exhibiting organization to pay the full non-refundable contract fee to reserve the space at the next year’s Payments conference.
6. INSURANCE - Exhibitors wishing to insure their goods must do so at their own expense. All Exhibitors, their contractors and suppliers working in the exhibit hall are required to carry liability and property insurance. Exhibitors must operate and maintain their exhibits so that no injury will result to any person or property. Hazardous giveaways are prohibited.
7. CARE OF EXHIBIT SPACE - The exhibitor must, at his expense, maintain and keep in good order his exhibit and the space for which he has contracted.
8. USE AND PROTECTION OF THE EXHIBIT SPACE - Nothing shall be posted on, or tacked, nailed, screwed, or otherwise attached to columns, floors, walls or other parts of the hotel or convention hall without permission of Nacha and the proper building authority. Packing, unpacking and assembly of exhibits shall be done only in designated areas and in conformity with directions of Nacha, the hotel or convention hall manager or their assistants. Exhibitor also agrees to abide by all convention center rules and regulations and exhibitor agrees to be responsible for obtaining a copy of such rules and regulations from the convention center authorities.
9. INSTALLATION AND DISMANTLING - The specific requirements as to the time for installation and dismantling of exhibits shall be supplied to each exhibitor for the particular conference or convention. Such requirements shall be binding upon the exhibitor as though fully set forth herein. All displays must be in place and set up one hour prior to the inspection of booths by Nacha. Space not occupied or set up by that time may be reassigned for other purposes by Nacha.
a. Exhibitors who tear down, without advanced approval from Nacha, prior to the conclusion of the exhibit hall open hours on Tuesday may be fined $5,000 per 10’x10’ booth space.
10. DEFAULT OCCUPANCY – Any exhibitor failing to occupy space contracted for is not relieved of the obligation to pay for such space at the full rental price, and Nacha shall have the right to use such space as it sees fit to eliminate blank space in the exhibit hall, provided such booth space is not occupied by the time of the inspection of booths by Nacha.
11. ACCESS TO DISPLAYS - Nacha may from time to time promulgate rules governing hours of access to displays and eligibilities for admission thereto.
12. PERSONNEL - Booth personnel, including demonstrators, receptionists and models are required to confine their activities within the exhibit booth space. All exhibitors participating in the Nacha conferences or conventions are expected to use special care whenever they deem it necessary to hire temporary help to assist in their exhibit or hospitality activities, so that personnel so selected by them will be of a caliber in keeping with the high standards of the exhibition and the meeting. Exhibitors must notify Nacha of the type of assistance/entertainment being provided by temporary help. Nacha reserves the right to deny admission to temporary staff hired by exhibitor if the entertainment provided is not in keeping with the standards of the exhibition and meeting.
a. Infants and children under 18 years of age are not allowed inside the exhibit hall at any time.
b. Nacha reserves the right in its sole and absolute discretion to restrict the use of, or prohibit, any sound systems and/or any machines or devices that are deemed to create excessive noise or otherwise disrupt activities within the Exhibit Hall. Exhibitors shall be responsible for securing any and all necessary licenses or consents for any performances, displays, or other uses of copyrighted works or patented inventions and the use of any name, likeness, signature, voice or other impression, or other intellectual property owned or claimed by any third party, which may be used directly or indirectly, by Exhibitor or on its behalf. Exhibitor agrees to and hereby does, indemnify, defend and hold Nacha harmless from and against any claim of liability in any incident or resulting loss, infringements or other violations of the intellectual property rights, rights of privacy, publicity rights, or any other related rights of any third party, whether enforced by that third party or its representative. Nacha reserves the right to discontinue the electricity supply of Exhibitor if Exhibitor is deemed to be in violation of the requirements of this paragraph 12.
13. USE OF SPACE - Exhibits shall be shown only in the official exhibit area as established by Nacha. Neither the exhibitors nor nonexhibitors shall be permitted to display articles, equipment, or information concerning services, or movies of such articles, equipment, or services in private rooms or suites during the conference or convention, in accordance with prior agreements between Nacha and officials of hotels and the convention bureau in the locale of the specific conference or convention. Unless specified otherwise herein, no exhibitor shall permit any other corporation or firm or its representatives or any other company related or affiliated with exhibitor to use the space allocated to the exhibiting company nor display articles manufactured or sold normally by the company. If an article of a nonexhibiting firm is required for operation or display of an exhibitor’s wares, identification of such article shall be limited to the usual and regular nameplates, imprinting, or trademarks under which the article is sold in the regular course of business. Co-participation by any other corporation or firm or its representatives or any other company related or affiliated with exhibitor in a space assigned to the original applicant must be by written permission of Nacha and shall be subject to an additional charge of 25% of the total cost per booth per day for each additional participant for the run of the conference or convention.
a. Exhibitors must receive approval from Show Management for distribution of food and beverages from their exhibit space. Nacha will NOT allow exhibitors to serve/distribute alcohol from their booth during show hours Nacha designates as educational. On a case by case basis, Nacha may grant requests to serve/distribute alcohol during show hours designated as exhibit hall breaks or receptions. All such requests must be made in writing to Nacha Show Management.
b. If Show Management grants permission, all food and beverage must be purchased as stipulated in the exhibitor service manual.
14. DISTRIBUTION OF PRINTED MATTER, ETC. - Neither exhibitors or nonexhibitors shall distribute to the conference or convention delegates printed matter, samples, souvenirs, and the like, except from within the rented space. Special distribution of such material elsewhere must be approved by Nacha. Nacha reserves the right to remove any printed material found outside of the rental space.
15. RESTRICTION OF SELLING - Selling of merchandise on the show floor is prohibited. However, order may be taken for future fulfillment at the exhibiting organization’s office.
16. CONFLICTING MEETING & SOCIAL EVENTS - In the interest of the success of the entire convention and exhibition, Exhibitor agrees not to extend invitations, call meetings, or otherwise encourage absence of attendees from the convention’s official planned activities or exhibit hall during the official hours of the convention and exhibition. Official hours include any event scheduled by Nacha, including those when the exhibit hall is closed or for which only limited invitations are extended. All events hosted by exhibitors, must be approved by Nacha in writing. Failure to do so may result in Nacha fining Exhibitor up to $5,000, or Exhibitor not being permitted to exhibit at the conference the following year.
17. CANCELLATION OR RELOCATION OF CONFERENCE OR CONVENTION – In the event of cancellation or relocation of the conference, due to circumstances within Nacha’s direct control, Nacha’s liability shall be limited to a refund of deposit fees paid to Nacha by Exhibitor. In the event Nacha has to cancel or relocate the conference due to an act of God, labor strike, epidemic, terrorist attack, or other event over which Nacha has no control or that would make it otherwise impossible or impracticable to hold the conference,” neither party shall have any liability to the other party and Nacha may, in its discretion, refund any deposit fees paid by Exhibitor.
19. MERGER/MANAGEMENT CHANGE ‐ If an exhibiting organization changes management or merges into another organization, the contracted exhibit space becomes the responsibility of the new management/owner, subject to Nacha’s right of refusal. This includes the responsibility for all contracted exhibit fees.
20. Nacha’s RIGHT TO REMOVE THE EXHIBITOR’S PROPERTY - Nacha reserves the right to remove from the hotel or convention hall any or all of the property of Exhibitor should the conference or convention be cancelled or relocated or should Exhibitor violate any of the conditions of the Exhibitor’s Agreement. This right may be exercised without prior notice and without hearing.
21. VIOLATIONS OF THE CONDITIONS - Any of the following actions by Exhibitor shall constitute a violation of the conditions of the Exhibitor’s Agreement: (a.) Use or display of equipment, products, or services that varies in any significant way from the description on the Exhibitor Contract. (b.) Violation of any laws, rules or regulation, including safety codes. (c.) Failure to follow the procedures prescribed in Exhibitor Terms and Conditions and Rules and Regulations. (d.) Failure to remove property from the hotel or convention hall upon cancellation or relocation of the conference or convention.
22. LIABILITY ‐ Nacha shall not be liable for loss or damage of any property of Exhibitor or his representatives used in connection with the exhibit, nor does Nacha assume any responsibility, for the protection and safety of Exhibitor, his officials, agents or employees. Small and easily portable articles shall be properly secured or removed after exhibition hours and placed in safekeeping by Exhibitor. Any protection exercised by Nacha shall be deemed purely gratuitous on its part and in no way be construed to make it liable for any loss or inconvenience suffered by Exhibitor. Exhibitor agrees to indemnify and hold Nacha and its agents harmless from all such claims and from all claims or liability of any nature whatsoever arising from the activities of Exhibitor or any of his representatives, including but not limited to his EACs or from the display or use of property of Exhibitor.
Nacha shall not be liable for any failure to deliver space to an exhibitor or for the loss of allotted space of an exhibitor, who has contracted for exhibit space under the terms of this agreement, if non delivery is due to any one of the following causes: destruction of or damage to the building or the exhibit area by fire or act of God; acts of a public enemy; acts of terrorism; strikes; the authority of the law, or any cause beyond its control. Nacha will, however, in the event it is not able to hold an exhibit for any of the above- named causes, reimburse exhibitors pro-rata on any rental fee paid, less any and all legitimate expenses incurred by Nacha for advertising, administration, and similar and related costs.
23. LIMITATION OF LIABILITY - Notwithstanding anything set forth herein to the contrary, in no event shall either party be liable for any lost profits or special, incidental, or consequential damages (however arising, including negligence) arising out of or in connection with this agreement. Furthermore, in no event shall Nacha’s liability to Exhibitor arising out of or related to this agreement whether based in contract, negligence, strict liability, tort or other legal or equitable theory, including any indemnification obligation, exceed the total Exhibitor fee paid to Nacha hereunder.
24. ARBITRATION - In the event a dispute arises between the parties with respect to this contract, it is hereby agreed that the dispute shall be resolved through binding arbitration in Herndon, VA, in accordance with the applicable rules of the American Arbitration Association. Each party shall be responsible for its share of the arbitration fees. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including reasonable attorneys’ fees for having to compel arbitration or defend or enforce the award.
25. REMEDIES - In the event Exhibitor violates any of the conditions of these Terms and Conditions, Nacha reserves an absolute right to invoke either or both of the following remedies, which shall be in addition to, and not in lieu of, any other right or remedies granted under this agreement or available under general contract law: In these circumstances, no part of Exhibitor’s fees will be returned. Nacha may refuse thereafter to enter into any agreement with the same or related signatory/exhibitor to lease booth space at the future conferences or conventions sponsored by Nacha.
Nacha, in addition to all other remedies is entitled to invoke under the terms of this Agreement, may require Exhibitor to pay to Nacha, as liquidated damages, and not as penalty, an amount equal to 100%of Exhibitor’s fee where the signatory/exhibitor violates the restriction on selling set forth in Exhibitor Rules and Regulations, Section 19.
26. Nacha’s CODE OF CONDUCT – Exhibitor agrees that it has read Nacha’s Code of Conduct (below) and agrees to abide by its terms. Failure to abide by the Code of Conduct may result, at Nacha’s discretion, in termination of this contract. In the event that Nacha terminates this contract, Nacha may refund any money paid by exhibitor for exhibit space.
27. TRADEMARK STATEMENT – The following trademark statement will be noted where necessary.
These logos are registered trademarks or are considered other intellectual property of their respective companies in the United States and other countries and are used under license and/or permission.
28. PHOTOGRAPHY/VIDEOGRAPHY POLICY– Photography and/or videography is permitted in the exhibit hall with limitations. The photographer or videographer must stay within the exhibitor’s booth at all times, and cannot capture any images outside of the exhibitors’ booth. The photographer or videographer can only capture images of activity within the exhibitor’s booth, and nothing outside of the exhibit booth. The exhibitor is responsible for the conduct of their photographer or videographer at all times during the show and must make sure they comply with all exhibit hall rules. The photographer or videographer must purchase a registration and receive a badge to be allowed on the exhibit hall floor. If Nacha receives complaints from other exhibitors, or if the photographer/videographer interferes in any way with the ability of other exhibitors to conduct business, or if show managements deems it necessary for any reason, Nacha may stop the recording and the exhibitor will not be refunded any registration fees.
29. BOOTH & MEMBERSHIP PROGRAM PROMOTION - This special rate entitles organizations to one to three 10’x10’ booth(s) and a one- year membership in one of Nacha’s membership programs. This special rate is only available to organizations that are not currently Affiliate or Alliance members. Current Affiliate or Alliance members are not eligible for this promotion. Affiliate and Alliance memberships renewals after the first year will be at the current pricing. Nacha staff reserves the right in its sole and absolute discretion to determine whether an applying organization receives the promotion.
30. ATTENDEE LIST LIMITATIONS - Exhibitors receive access to a one-time use pre-conference and a one-time use post-conference attendee list. Please note the lists contain the following attendee information: contact name, title, company, and mailing address.
The Nacha Code of Conduct
Through integrity, professionalism and fairness, Nacha’s Code of Conduct identifies the standards of behavior expected of our members, our various programs, and any non-member organizations engaged in Nacha activities or providing services to Nacha.
We do business according to the highest standards, both ethically and legally. In order to be in good standing under our Code of Conduct, your organization and representatives must:
1. Adhere to the spirit and letter of all applicable regulations and laws including: antitrust, banking, privacy, and other relevant laws.
2. Avoid participation, or appearance of participation, in any criminal offense or professional misconduct.
3. Conduct all activities and business in a professional manner that does not adversely affect the ACH Network.
4. Remain current with all Nacha financial obligations.
5. Comply with all applicable Nacha policies and procedures.
6. Work together to promote the efficiency, reliability, and security of the ACH Network.
Nacha reserves the right to disassociate itself from any organization that fails to abide by these principles or otherwise brings discredit to Nacha and/or the payments profession.