Consultant shall provide Services to PMI to assist PMI in its efforts to combat the Illicit Product Trade, including but not limited to the manufacturing and/or sale of Counterfeit PMI Products, as well as the export, distribution, and sale of Contraband PMI Products and/or Non-PMI Contraband. The Services of Consultant shall be agreed upon during the course of this Agreement and/or a PO on a case-to-case basis between PMI and Consultant and may include the following:
- Provision of Information about Counterfeit PMI Products, Contraband PMI Products, and/or Non-PMI Contraband.
Consultant shall provide PMI with information concerning the Illicit Product Trade, including but not limited to information about (i) Counterfeit Factories and/or Counterfeit Printing Facilities, (ii) shipment and distribution of Counterfeit PMI Products, Contraband PMI Products, and/or Non-PMI Contraband, (iii) export of Counterfeit PMI Products, Contraband PMI Products, and/or Non-PMI Contraband, (iv) sale of Counterfeit PMI Products, Contraband PMI Products, and/or Non-PMI Contraband at wholesale, retail or any other location, and (v) Illicit Product Operators. Such information shall be precise and accurate, and must be provided in a sufficiently detailed form and on a timely basis in order for PMI or its agents to take such action as PMI deems appropriate in the circumstances.
In relation to Counterfeit Factories or Counterfeit Printing Facilities, Consultant shall provide the location of the factory and/or facility and any information concerning Counterfeit PMI Products and/or counterfeit packaging material being manufactured there and concerning the identities of any Counterfeit Operators sponsoring, controlling, or directing the activities of such factory and/or facility, in sufficient detail to allow PMI or its agents to take, or to request the authorities to take, legal action against such factory and/or facility or the persons sponsoring, controlling, or directing the activities of such factory and/or facility.
In relation to shipment or distribution of Counterfeit PMI Products, Contraband PMI Products, and/or Non-PMI Contraband, Consultant shall provide sufficient detail to allow PMI or its agents to, or to request that the authorities, locate, inspect, and, where legally permissible, seize the shipment. The information shall include any information concerning the specific brands involved, the precise location of such shipment, the means of shipment, any shipping container number(s), the port at which the container(s) will be loaded or unloaded, the estimated date and time of departure of any aircraft or ship; the destination of such shipment and the estimated date and time of arrival of any aircraft or ship, any information concerning the consignor(s) or consignee(s) of such shipment, any information concerning the owner(s) of such shipment, and any other relevant information. To the extent available, Consultant shall provide authentic documentary evidence including shipping documents (bills of lading, airway bills, manifests, etc.), commercial documents, and production materials such as blanks and samples.
- Inspection of Counterfeit PMI Products.
In certain circumstances, PMI may ask Consultant to view product that is suspected of being Counterfeit PMI Products to provide PMI with preliminary information regarding the nature of the product.
- Meetings with Government Personnel.
Consultant may be asked to attend meetings with Government Officials, including Customs officials.
- Assisting in the Seizure and/or Destruction of Counterfeit PMI Products and the Raid of Counterfeit Factories and Counterfeit Printing Facilities.
Consultant may be asked to assist PMI and/or Government Officials or other third parties to support government action aimed at the detention, seizure, and/or destruction of Counterfeit PMI Products, and raids of Counterfeit Factories and Counterfeit Printing Facilities.
- Assistance in Legal Proceedings.
Consultant may be asked to assist PMI in its development of evidence for any resulting civil, criminal, and/or administrative legal proceedings against Illicit Product Operators and others involved in the manufacture, distribution or sale of Counterfeit PMI Products and/or Contraband PMI Products and/or Non-PMI Contraband, providing reasonable support, obtaining materials and information, and taking other action as requested by PMI.
- Training Sessions.
Consultant may be asked to attend training sessions conducted by PMI.