A. AICA Policy Statement Regarding Genetic Research and Evaluation. The AICA recognizes that genetic research and evaluation enhances selection and characterizes genetics for certain traits in beef cattle that impact the profitability of beef production. Improvements in genomic technology have further enhanced the predictability of certain traits in conjunction with current selection tools. Specifically, the incorporation of genomic values into genetic evaluations results in the improved accuracy of Expected Progeny Differences (“EPDs”). The AICA intends to remain a leader in the use of genomic values in the calculation and reporting of EPDs and in genetic research and evaluation generally to provide for improvement in the breeding of registered and recorded Charolais cattle.
B. AICA Genetic Research and Evaluation Activities. The AICA, in collaboration with its members and with qualified research specialists, gathers data through samples of biological material as well as pedigree, phenotypic and genotypic data for use in the research, development, and implementation of the Genomic Enhanced Expected Progeny Differences (the “GE-EPD Data”) in the Charolais breed. The collection and use of GE-EPD Data remains under the oversight of the Board of Directors of the AICA and shall be consistent with policies enacted by the Board from time to time regarding such collection and such use.
C. Member Participation. Any member may participate in the AICA’s GE-EPD Data collection, research and evaluation program (the “Program”), which includes genetic evaluation, preparation, procedures, data use and results, but agrees (i) to the terms of this AICA data policy and (ii) that participation is at the member’s own cost and expense. In order to participate in the Program, a member must agree to transfer to the AICA and relinquish control over any biological samples requested by and submitted to the AICA (including, but not limited to, tissue, blood, semen and hair follicles) as well as any paper and electronic records and data with respect to any animal being included in the Program by the member (the “Samples and Data”). The Samples and Data, as well as any previously submitted data by the member in connection with the collection and reporting of EPDs by the AICA, will be retained by the AICA. The AICA will take commercially reasonable steps to de-identify the source of Samples and Data to protect the privacy of the member submitting the Samples and Data.
D. Publication of and Control Over the AICA’s Evaluation Results. As a condition to participating in the Program, each participating member agrees (i) that the AICA is free to publish the results of its research and evaluation without restraint, (ii) that the AICA has exclusive and sole control, ownership and rights and license in and to all GE-EPD Data contained in its evaluation results, and (iii) any inventions or other intellectual property conceived by AICA from the AICA’s evaluation results, including any patentable inventions, are the sole property of the AICA.
E. Delivery and Use of Samples and Data. The AICA has established a specific methodology for collecting and submitting samples for use in the GE-EPD Data research, as reflected on its webpage. Such methodologies are subject to change without notice. Each member should refer to the AICA’s website before submitting any specimens in order to adhere to such requirements established and effective at that time: (http://charolaisusa.com/pdf/registration/forms/DNA_instructions.pdf).
F. AICA’s Evaluation Results. As soon as is reasonably practicable and depending on national cattle evaluations and other scheduling concerns, AICA shall use reasonable efforts to provide member with access to AICA’s evaluation results for the samples submitted by member, for member’s benefit in its cattle business, and a license to use such AICA’s evaluation results. The accuracy and sufficiency of AICA’s evaluation results with respect to a particular animal or member cannot be guaranteed. A member shall not use AICA’s evaluation results for any other purpose except to the member’s benefit in the improvement of the member’s cattle business, and shall not provide such AICA’s evaluation results for inclusion in any other database.
G. AICA’s Statement regarding Accuracy of Data. The AICA makes every reasonable effort to ensure the accuracy of the GE-EPD Data and other information available in the AICA’s evaluation results. The AICA cannot and does not guarantee the accuracy or completeness of the GE-EPD Data or the AICA’s evaluation results.
H. AICA’s Statement Regarding Use of Data. Any information presented by the AICA regarding a particular animal or group of animals is based on genetic predictability and cannot be considered to be a measure of the actual value or performance of the animal or its progeny or a guarantee of its or its progeny’s future performance. Any representation to the contrary is false and may not be relied on in evaluating a particular animal or its progeny. The AICA disclaims any responsibility for the use or interpretation of information on the animals included in the Program.
I. Disclaimer of Warranty. THE AICA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES WITH RESPECT TO THE CONDUCT, COMPLETION, SUCCESS OR PARTICULAR RESULTS OF THE PROGRAM, OR THE CONDITION, OWNERSHIP, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY INTELLECTUAL PROPERTY, CLINICAL DATA, MATERIALS OR AICA’S EVALUATION RESULTS OR THAT THE USE OF THE INTELLECTUAL PROPERTY, CLINICAL DATA, MATERIALS OR AICA’S EVALUATION RESULTS WILL NOT INFRINGE ON ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY. THE AICA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES SUFFERED BY A MEMBER, A BREEDER OR ANY OTHER PERSON RESULTING FROM THE PROGRAM, THE AICA’S EVALUATION RESULTS OR THE USE OF ANY GE-EPD DATA OR ANY PRODUCTS RESULTING THEREFROM.
J. Use of Electronic Signatures. In order to participate in the Program, a member will be requested to consent to the use of his or her electronic signature in lieu of an original signature on paper. A member who is unable or unwilling to use an electronic signature may request to sign a paper copy instead. Any member who provides an electronic signature will be deemed to have waived the opportunity to sign a paper copy. Upon written request to the AICA, any member may obtain a paper copy of an electronic record and no fee will be charged for such copy. A member’s agreement to use an electronic signature with the AICA will continue until such time as the member notifies the ACIA in writing that the member no longer consents to the use of an electronic signature.
K. Condition to Participation in the Program. As a condition to participation in the Program, each participating member must agree to the terms of Article XXIII, Paragraphs C, D, E, F, G, H and I, either by use of an electronic signature on the AICA’s website, commonly referred to as a “click through” agreement, or by signing a paper agreement containing those terms and returning it to the AICA.
L. This Data Policy shall be reviewed periodically by the Board of Directors of the AICA to insure that it meets the needs and goals of the AICA and remains current and consistent with scientific and AICA policy standards then in effect.