RULES FOR PRODUCERS MARK ELIGIBILITY ANIMATED THEATRICAL MOTION PICTURES
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RULES FOR PRODUCERS MARK ELIGIBILITY ANIMATED THEATRICAL MOTION PICTURES
TABLE OF CONTENTS
PREFACE .................................................................................................................................................................... 2
A. GROUNDS FOR ELIGIBILITY ................................................................................................................................ 3
1. Eligibility of Animated Theatrical Motion Pictures ..................................................................................... 3
2. Eligibility of Producers .................................................................................................................................... 3
3. Number of Producers Marks Per Animated Theatrical Motion Picture .................................................. 3
B. STANDARDS FOR ELIGIBILITY ............................................................................................................................ 3
1. “Produced By” Definition ................................................................................................................................ 3
2. Functional Definition for Use of the Producers Mark ................................................................................ 4
3. Performance of Non-Producing Role ........................................................................................................... 5
C. PROCEDURES FOR DETERMINING ELIGIBILITY TO USE THE PRODUCERS MARK ..................................... 5
1. Notice of Producing Credits ........................................................................................................................... 5
2. Producers Mark Eligibility Form .................................................................................................................... 5
3. Notice of Eligibility Determination ................................................................................................................ 6
4. Available Arbiters List ..................................................................................................................................... 6
5. Selection of an Eligibility Determination Panel .......................................................................................... 6
6. Timeliness Is of the Essence ......................................................................................................................... 6
D. PROCEDURES FOR CONDUCTING AN ELIGIBILITY DETERMINATION ........................................................... 6
1. Scheduling the Eligibility Determination ..................................................................................................... 6
2. Obtaining Information and Documents to be Reviewed by the Eligibility Determination Panel ........ 6
3. Review of Information and Documents by the Eligibility Determination Panel .................................... 7
4. Considerations by the Eligibility Determination Panel .............................................................................. 7
5. The Panel’s Decision ....................................................................................................................................... 7
6. Display of Producers Mark by the Production Company........................................................................... 7
7. Confidentiality .................................................................................................................................................. 8
E. REVIEW OF THE ELIGIBILITY DETERMINATION BY AN APPEALS PANEL ..................................................... 8
1. Request for Appeal ......................................................................................................................................... 8
2. Grounds for Appeal ......................................................................................................................................... 8
3. Appeals Panel .................................................................................................................................................. 8
4. Appellate Procedure ....................................................................................................................................... 8
5. Final Decision................................................................................................................................................... 8
1 PM.ANIM/MASTERPREFACE
These rules provide an overview of the standards and procedures applied by the Producers Guild of America in determining
eligibility to use the “p.g.a.” certification mark (“Producers Mark”) next to a producer’s name in the credits of an animated
theatrical motion picture. Use of the Producers Mark, which is owned and licensed exclusively by the Producers Guild of
America, is granted solely by individual merit on a project-to-project basis. It identifies those producers determined by the
Guild to have performed a major portion of the producing work on a particular animated theatrical motion picture, based
on an impartial review of their contributions by a panel of experienced animated theatrical motion picture producers.
Information is carefully gathered from the participants in the production, including the producers themselves and the key
creative personnel involved in making the film, to ensure that each producer’s work can be fairly assessed. Once a
determination of eligibility for use of the Producers Mark is made, that determination will apply to eligibility for that
animated theatrical motion picture’s producing honors and awards, including the Producers Guild Awards and the Golden
Globes.
In Section B of these rules, the reader will find the job description for the primary producing credit in animated theatrical
motion pictures, “Produced By.” While no single producer is expected to undertake every one of these functions on a given
production, eligibility for use of the Producers Mark is predicated on an individual’s performance of a major portion of
producing functions in a decision-making capacity throughout the phases of production. Membership in the Producers
Guild of America is irrelevant to the determination of eligibility to use the Producers Mark or award eligibility.
IMPORTANT NOTE: The producing functions identified in these rules and on the accompanying forms are definitively NOT
organized as a "checklist" to be used in pursuit of the Producers Mark. To be eligible for the Producers Mark, the producer
must always place what is best for the production above all other considerations. For example, efforts by those in pursuit
of the Producers Mark to insert themselves into meetings or work environments where they are unwelcome or
unproductive, solely to fulfill some perceived criteria for eligibility, will not only impede the process of filmmaking but also
negatively impact the industry as a whole. Such detrimental conduct may be grounds for denial of eligibility to use the
Producers Mark. Further, the Producers Mark will not be available to anyone who uses coercive or deceptive practices to
convey the impression that the PGA’s standards for eligibility have been met. The Producers Guild of America expressly
reserves the right to interpret and apply its standards in the manner that it alone deems appropriate. However, a
determination of ineligibility for the Producers Mark will not be used in any way for any disciplinary action whatsoever.
The Producers Guild of America is grateful for the support and cooperation of the producers and other professionals
involved in the development and implementation of these rules.
2 PM.ANIM/MASTERRULES FOR PRODUCERS MARK ELIGIBILITY
ANIMATED THEATRICAL MOTION PICTURES
A. GROUNDS FOR ELIGIBILITY
1. Eligibility of Animated Theatrical Motion Pictures. The PGA shall license the use of the p.g.a. certification mark
(“Producers Mark”) only in English language animated theatrical motion pictures intended for exploitation in the
United States of America, for which the copyright owner, primary financier or other business entity authorized to
designate the producing credits that appear onscreen in the animated motion picture’s theatrical release within
the United States (“Production Company”) has an established place of business within the United States. The
Producers Mark is not available for non-English-language productions or other foreign productions not having a
United States distributor.
2. Eligibility of Producers. An individual shall be deemed eligible to use the Producers Mark if he or she has been
contractually credited with and credited onscreen as "Produced By" or "Producer" in an animated theatrical
motion picture and has performed a major portion of the film’s producing functions. Membership in the
Producers Guild of America (“PGA”), a non-profit organization, is not required for – and is irrelevant to the
determination of -- eligibility to use the Producers Mark. Once a determination of eligibility for use of the
Producers Mark is made, that determination will apply to the producers’ eligibility for that animated theatrical
motion picture’s producing honors and awards, including the Producers Guild Awards and the Golden Globes.
3. Number of Producers Marks Per Animated Theatrical Motion Picture. There is no numerical limitation on the
number of producers on an animated theatrical motion picture who can use the Producers Mark. Each producer
who otherwise meets the criteria set forth in these rules may be licensed by the PGA to use the Producers Mark,
provided that he or she has performed a major portion of the producing functions on the animated theatrical
motion picture.
a. Voluntary Use. The Producers Mark is licensed by the PGA to any Produced By or Producer who chooses to
apply for eligibility to use the Producers Mark next to his or her name as part of the producing credit.
b. Contractual Right to Producing Credit. As a precondition to a producer’s request to use the Producers Mark
on an animated theatrical motion picture, the producer must have received the contractual right from the
Production Company for a credit of “Producer” or “Produced by” on the animated theatrical motion picture.
c. Producing Teams. In determining the number of producers eligible for nomination, a bona fide team of not
more than two people shall be considered to be a single “producer” if the two individuals have had an
established producing partnership for at least the previous five years and as a producing team have
produced a minimum of two previous theatrically released feature motion pictures.
B. STANDARDS FOR ELIGIBILITY
1. “Produced By” Definition. In common parlance, an individual receiving the “Produced By” credit for an animated
theatrical motion picture is typically referred to as the film’s producer. To avoid confusion with other producing
credits, we refer to this individual as the “Produced By.” The “Produced By” credit is given to the individual(s) most
completely responsible for a film’s production. Subject to the control of the Production Company, the "Produced
By" must have performed a major portion of the producing functions provided below (and specified in the PGA’s
Individual Eligibility Form for Animated Theatrical Motion Pictures).
a. Development. During the development phase, the “Produced By” typically conceives of the underlying
premise of the production, or selects the material. He or she also selects the project's writer, secures the
necessary rights and initial financing, and supervises the development process. The “Produced By” may also
select and hire the story artists and the head of story.
b. Pre-production. During pre-production, the “Produced By” typically selects key members of the creative
team, including the director, co-producer, executive producer, cinematographer, editor, unit production
manager, production designer and principal cast. The “Produced By” also approves the final shooting script,
final story reel, production schedule and budget.
c. Production. During the production phase, the “Produced By” supervises the day-to-day operations of the
producing team, providing continuous, personal, and usually production floor consultation with the director
and other key creative personnel, including without limitation, the technical director and supervising
3 PM.ANIM for UNIVERSAL and SONYanimator. He or she also views story boards, approves weekly cost reports, and continues to serve as the
primary point of contact for the Production Company and distribution entities.
d. Post-production. During the post-production phase, the “Produced By” consults personally with post-
production personnel, including the director, editor and composer. He or she also consults with the creative
and financial personnel on the answer print or edited master, and usually is involved in a meaningful fashion
with the Production Company and distribution entities concerning the marketing and distribution plans for
the animated theatrical motion picture and consumer products in both domestic and foreign markets.
2. Functional Definition for Use of the Producers Mark. To be eligible for use of the Producers Mark, a Produced By
must have substantial responsibility for (i.e., must perform in a decision-making capacity)a major portion of the
following producing functions:
a. Development Phase.
• Conceived of the underlying concept or selected the material on which the production is based.
• Selected and hired the writer(s).
• Secured necessary rights for development and production of the material.
• Collaborated with the writer(s) on development of the screenplay.
• Selected and engaged the director.
• Selected and hired story artists and the head of story.
• Secured the financing (e.g., studio or independent funding, license fees, loans, etc.).
• Supervised the preparation of the preliminary budget.
• Served as the primary point of contact for the studio and/or financing entity.
b. Pre-Production Phase.
• Selected and set the principal cast in consultation with the director.
• Selected the production designer in consultation with the director.
• Selected the co-producer, executive producer and/or unit production manager.
• Selected the cinematographer in consultation with the director.
• Selected the editor in consultation with the director.
• Approved final shooting schedule in consultation with the director.
• Approved and signed the final budget.
• Approved the shooting script.
• Approved the final story reel in consultation with the director.
• Approved deals for the principal components of the production.
c. Production Phase.
• Supervised the operation of the production crew.
• Supervised on the production floor, and on a regular basis, the day-to-day operation of the animation
studio and of all talent and crafts.
• Supervised the technical director and supervising animator.
• Provided in-person consultation with the animation department in consultation with the director.
• Provided regular in-person consultation with the director.
• Provided regular consultation with the writer(s).
• Provided consultation with the principal cast in collaboration with the director.
• Provided consultation with the production designer and art department in collaboration with the director.
• Provided consultation on wardrobe, make-up and hair in collaboration with the director.
• Approved the weekly cost report.
• Viewed the story boards and provided in-person consultation with the director, editor, studio and/or
financing entity.
d. Post-Production Phase.
4 PM.ANIM for UNIVERSAL and SONY• Consulted with the director, editor, studio and/or financing entity on the editing of the animated theatrical
motion picture.
• Consulted on the marketing plans for the motion picture and consumer products.
• Consulted on the distribution plans for the motion picture and consumer products.
• Consulted on the plans for exploitation of the animated theatrical motion picture in foreign and ancillary
markets.
• Consulted with the director, studio and/or financing entity on the score for the animated theatrical motion
picture.
3. Performance of Non-Producing Role. If, in addition to his or her role as a Produced By, an individual also
contributed to the production in a different, non-producing capacity (e.g., studio executive, agent, manager,
director, writer, actor, etc.), or performed services in a different occupation during production of the animated
theatrical motion picture, said individual shall be eligible to use the Producers Mark provided he or she not only
demonstrates substantial responsibility for a major portion of the producing functions throughout production of
the animated theatrical motion picture, but that such substantial responsibility was demonstrably distinct from
and in addition to the individual's other contributions to the animated theatrical motion picture.
a. Writer. Written contributions to the story or script are considered duties discharged as a writer, and shall not
be counted towards the individual's producing duties if the individual received a writing credit.
b. Executive/Employee. If an executive or employee of a studio distributing and/or financing the animated
motion picture receives credit as "Produced By” or “Producer,” he or she must demonstrate a significant and
dedicated commitment of time and resources to the production of the animated motion picture beyond his
or her duties as an executive.
c. Director. Because of the uniquely flexible nature of the producer-director collaboration in the creation of
motion pictures, many producing functions may be performed by a director in the course of his or her
directorial duties. However, this flexibility shall not be interpreted to mean that every director is therefore
also eligible to use the Producers Mark. To be deemed eligible to use the Producers Mark, the director must
have undertaken significant producing duties beyond what he or she would normally perform as director.
Possible examples of such involvement might include: substantial contributions to the development process;
a demonstrated attachment to the production predating the production deal made with the Production
Company; involvement with the project preceding that of all other producers; responsibility for all budgetary
concerns; securing significant financing; or playing a decisive role in determining marketing and distribution
strategies.
C. PROCEDURES FOR DETERMINING ELIGIBILITY TO USE THE PRODUCERS MARK
1. Notice of Producing Credits. The PGA will begin the process of determining eligibility to use the Producers Mark
upon receipt of written notice from the Production Company listing all those individuals to whom the Production
Company has contractually granted the right to a “Produced By” or “Producer” credit and that credit appears
onscreen as well as all key creative participants and department heads involved with the animated theatrical
motion picture (“Notice of Producing Credits”). The Notice of Producing Credits must be sent to the representative
designated by the PGA to manage the administration of these Rules (the “PGA Administrator”) located at 8530
Wilshire Boulevard, Suite 400, Beverly Hills, CA 90211, or by email to pmadmin@producersguild.org, or may be
completed and submitted online at www.producersmark.com.
a. Automatic Notice of Producing Credits. If the Production Company has an existing agreement with the PGA
concerning use of the Producers Mark on its animated theatrical motion pictures, the Production Company
has agreed to submit a Notice of Producing Credits as a matter of course upon the commencement of the
post-production phase of each of the Production Company’s animated theatrical motion pictures.
b. Requested Notice of Producing Credits. If an individual has a contractual right to a credit of “Produced By”
or “Producer” on an animated theatrical motion picture for a Production Company that does not have a pre-
existing agreement with the PGA, then the individual—with assistance from the PGA—will have to secure the
contact information for the key creative participants and department heads involved with the production of
the animated theatrical motion picture.
2. Producers Mark Eligibility Form. Immediately upon receipt of the Notice of Producing Credits from the Production
Company or the necessary third party information from the Producer requesting use of the Producers Mark, the
PGA Administrator shall contact all the individuals potentially eligible to use the Producers Mark to inquire
whether they wish the use of the Producers Mark in conjunction with their “Produced By” credit on the animated
5 PM.ANIM for UNIVERSAL and SONYtheatrical motion picture. Each Produced By shall initiate their consideration for use by completing and
submitting a Producers Mark Eligibility Form to the PGA Administrator. Without receipt of a signed Eligibility
Form, the PGA cannot license the use of the Producers Mark to a Produced By.
3. Notice of Eligibility Determination. When the PGA has received the Notice of Producing Credits and an Eligibility
Form from each Produced By who chooses to apply for the Producers Mark, the PGA will commence the eligibility
determination process by sending written notice to all individuals credited onscreen as “Produced By” or
“Producer,” having been designated by the Production Company as having contractual right to a credit of
“Produced By” or “Producer,” of a pending eligibility determination (“Notice of Eligibility Determination”) and
include the Available Arbiters List (described below).
4. Available Arbiters List. The PGA Administrator shall submit to all Produced Bys requesting use of the Producers
Mark a list of potential Arbiters (“Available Arbiters List”). The Available Arbiters List shall be composed of
established producers with substantial experience, each of whom shall possess no fewer than two (2) “Produced
By” credits in animated theatrical motion pictures. Arbiters need not be members of the PGA. Each Produced By
shall have the right to strike named Arbiters from the Available Arbiters List provided the party has a reasonable
and good faith belief that such stricken Arbiter(s) might possess prejudice against an individual or production
under consideration. This right to strike shall be exercised, if at all, by communication with the PGA
Administrator within 48 hours after the Notice of Eligibility Determination was sent to the participating Produced
By via email or fax.
5. Selection of an Eligibility Determination Panel. The PGA Administrator shall select, from the eligible individuals on
the Available Arbiters List, no fewer than two (2) or more than three (3) producers who shall function with the
authority of the PGA as the designated Arbiters on the Eligibility Determination Panel (the “Panel”). To assure
that these Rules are applied fairly, each Panel shall be advised by an attorney who may be the same individual
designated by the PGA as PGA Administrator; however, substantive decisions shall be determined exclusively by
the Panel. If a director seeks use of the Producers Mark, then the PGA Administrator shall attempt to include one
director as applicable, as an Arbiter on the Determination Panel, subject to timely availability. In order to
maintain objectivity and avoid professional retribution, the identities of the selected Arbiters shall be maintained
in strict confidence. An Arbiter with a vested interest in the outcome of the proceeding or who has or had a
relationship with any participant which might bias the Arbiter’s judgment concerning the participant’s
involvement with the animated theatrical motion picture, shall recuse herself or himself from participation on the
Panel’s determination concerning that participant.
6. Timeliness Is of the Essence. Due to the need for adequate time to complete the eligibility determination process
and deliver approved Producers Mark licenses to the Production Company in advance of the completion of the
final answer print and duplicating materials so that any approved Producers Marks can be attached to the
producing credits (and all marketing and publicity materials), it is essential that: (1) the Production Company
submit the Notice of Producing Credits immediately upon commencement of the post-production of the animated
theatrical motion picture; (2) the Produced Bys seeking use of the Producers Mark submit their Eligibility Forms
within three (3) business days after receiving the PGA’s request; and (3) any Produced By who wishes to recuse
any Arbiter from the Available Arbiters List do so within 48 hours after the Notice of Eligibility Determination is
sent to him or her via email or fax, after which time the right to recuse Arbiters shall expire.
D. PROCEDURES FOR CONDUCTING AN ELIGIBILITY DETERMINATION
1. Initiation and Scheduling of the Eligibility Determination. The PGA may initiate and convene a formal Eligibility
Determination Panel to ascertain whether each producer qualifies for usage of the Producers Mark when: 1)
there is more than one individual receiving a “Produced By” or “Producer” credit on the motion picture; or 2) if,
after careful and expeditious review of all Eligibility Forms and Third Party Verification Forms, disputes, foul play,
duress, coercion, conflicts or other issues are evident. In all other cases, the PGA National Executive Director may
administratively render Eligibility Determination decisions without formally convening an Eligibility Determination
Panel.
If a formal Eligibility Determination Panel is warranted, the PGA Administrator shall determine a time and
location to conduct the private and confidential eligibility determination, with due consideration given to expedite
the eligibility determination process to meet timely delivery requirements for the motion picture.
2. Obtaining Information and Documents to be Reviewed by the Eligibility Determination Panel. As soon as the PGA
Administrator receives the Notice of Producing Credits and/or at least one Eligibility Form from an eligible
Produced By, the PGA Administrator shall begin contacting key creative participants and department heads (e.g.,
writer, director, casting director, unit production manager, production designer, cinematographer, post-production
supervisor, etc.) involved with the animated theatrical motion picture to secure confidential information
concerning their involvement with the producers on the motion picture. The PGA Administrator shall use judicious
6 PM.ANIM for UNIVERSAL and SONYcaution to obtain as much relevant information as possible from the key participants in the production of the
animated theatrical motion picture, conducting such inquiry late in the post-production phase to maximize the
amount of relevant information obtained. When contacting the key participants, the PGA Administrator shall use
confidential ‘Third Party Verification Forms’ and private telephone interviews to secure relevant information and
documents in such a way as to induce honest disclosure and testimony.
3. Review of Information and Documents by the Eligibility Determination Panel. To promote anonymity and
objectivity in the determination process, the identities of the participants under consideration shall be
redacted from all documentation submitted to the Panel for adjudication and each Produced By or
Producer shall be assigned a unique identifier to replace the producer’s name. The Panel shall conduct a
careful and expeditious review of documentation received and may, at its discretion, request additional
information to resolve ambiguities in the documentation provided. Such additional information may
include requests directed to any of the participants or to development and production personnel,
including, without limitation, the screenwriter(s), director, editor, unit production manager, casting
director, and Production Company or studio executives. The purpose of such third-party inquiries, all of
which will be managed confidentially by the PGA Administrator, is to delineate lines of responsibility
during the actual development, pre-production, production, and post-production of the animated
theatrical motion picture and to illuminate other relevant facts. To ensure that all testimony submitted by
third parties is both candid and accurate, the Guild mandates that such testimony shall never be shared
with the Participants.
4. Considerations by the Eligibility Determination Panel. In determining eligibility, the Panel shall assess the
documentation and evidence presented, using the knowledge and judgment born of their substantial experience
to resolve any discrepancies and to render a decision. The Panel shall consider individual contributions of each
Produced By seeking use of the Producers Mark relative to the specific circumstances of production, granting
greater weight to individual functions likely to reflect substantive producing responsibility (e.g., responsibility for
the hiring of the director is weighed more heavily than responsibility for the hiring of the art director; responsibility
for overseeing digital effects work is weighed more heavily on a production with a higher proportion of special
effects shots, etc.). Likewise, the four phases of production are not weighted equally. Subject to their reasonable
discretion based on the circumstances, the PGA recommends that the Panel assess producing contributions as:
Development: 35%; Pre-Production: 20%; Production: 20%; Post-Production: 25%. This weighting is valuable
because not all Produced Bys can perform a major portion of the functions during all four phases. Eligibility can
be established if a producer is responsible for a majority of the functions in enough of the phases to account for
over 50% of the weighting.
a. Producers working to the detriment of production. Notwithstanding the criteria for eligibility set forth in
these Rules, the Panel may take special notice of any credited Produced By who hinders the filmmaking
process through unwelcome intrusion into aspects of the process outside of his or her appropriate sphere.
Should the Panel determine that a Produced By has engaged in such detrimental behavior, it may, at its
discretion, choose to deny eligibility to that Produced By despite his or her having otherwise met the
standard of responsibility for a major portion of the producing functions.
b. Producers’ undue interference with fact gathering from third parties. A Produced By seeking use of the
Producers Mark agrees to refrain from undue interference with the PGA’s efforts to gather accurate and
confidential information from key creative participants and department heads that will be provided to the
Arbiters reviewing his or her eligibility. The Panel may take special notice of any Produced By who frustrates
the truthful disclosure of third parties by: (1) obstructing access by the PGA to such parties, or (2) coaching,
coercing or improperly influencing third party responders to manipulate the outcome of any eligibility
determination. Should the Panel determine that a Produced By has engaged in such conduct, it may, at its
discretion, choose to deny eligibility to that Produced By despite his or her having otherwise met the
standard of responsibility for a major portion of the producing functions.
5. The Panel’s Decision. After due consideration to the evidence and these Rules, the Panel shall render a decision
concerning the eligibility of each Produced By to license the use of the Producers Mark next to their name in the
credits for the animated theatrical motion picture. Their decision shall be communicated to each Produced By
who requested use of the Producers Mark. After the time for appealing the Panel’s decision has expired, or after
an Appeals Panel has made its decision, the PGA Administrator shall inform the Production Company of each
Produced By who will be licensed the use of the Producers Mark next to his or her name in the credits for the
animated theatrical motion picture. In the event an arbitrated animated theatrical motion picture is
subsequently considered for award eligibility, the Panel’s decision shall be binding on all Produced By’s who
requested eligibility to use the Producers Mark.
6. Display of Producers Mark by the Production Company. Once a Produced By has been licensed the use of the
Producers Mark by the PGA, the Production Company agrees to place the Producers Mark immediately next to
7 PM.ANIM for UNIVERSAL and SONYthe name of the Produced By (e.g., Jane Smith, p.g.a.) in the on-screen credits and in any paid ads and
promotional materials under the Production Company’s control. The extent of such usage shall follow the same
lines as existing practices with respect to what is afforded to cinematographers of the professional trade
organization, A.S.C.
7. Confidentiality. To protect the integrity of the process, and to guard against unjust interference, the identity of
members of the Panel shall be held in confidence and their work done anonymously. Oral testimony shall be
taken only at the request of the Panel, by telephone, and through the PGA Administrator or attorney assigned to
the Panel. The documents and other materials received from the Producers and third parties, and the content of
the Panel’s discussion and deliberation, shall remain confidential and shall not be shared with any other
individual or entity, except as required to: (1) inform awards officials relying on the Panel’s decision for the
purpose of conferring awards; and (2) process an appeal submitted by or on behalf of a Producer as set forth in
section E below.
E. REVIEW OF THE ELIGIBILITY DETERMINATION BY AN APPEALS PANEL
1. Request for Appeal. A Produced By may request an appeal of the Panel’s determination. Such requests must be
in writing and filed with the PGA Administrator within five (5) business days of the Produced By’s notice of the
Eligibility Determination, or the PGA's publication thereof, and must state the grounds for the appeal in
reasonable detail.
2. Grounds for Appeal. Valid grounds for appeal are limited to the following:
a. Dereliction of duty on the part of the Panel or any of its members;
b. The exercise of undue influence upon the Panel or any of its members;
c. Misinterpretation, misapplication or violation of PGA policy as set forth in these Rules; or
d. Availability of relevant and probative evidence, for valid reasons not previously available to the Panel.
3. Appeals Panel. The appeal shall be presented to an Appeals Panel consisting of one member from the initial
Panel and two new members selected from the Available Arbiters List who were not stricken by the Produced By
submitting an appeal. The Appeals Panel shall be advised by an attorney designated by the PGA; however,
substantive decisions and questions of fact shall be determined exclusively by the Appeals Panel. No panelist
shall serve on the Appeals Panel if he or she has a vested interest in any aspect of the outcome of the Appeal.
4. Appellate Procedure. Subject to a finding by the PGA Administrator that the stated grounds for appeal are valid
under this section, the Appeals Panel shall determine whether the previously rendered decision for eligibility to
use the Producers Mark should be modified.
5. Final Decision. The Appeals Panel shall either uphold the prior decision, or render a new decision based on its
review of the entirety of the evidence presented. The decision of the Appeals Panel shall be final and is not
subject to further review by the PGA.
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