This policy is intended to establish procedures and strategies that will protect the integrity of the Osteogenesis Imperfecta Foundation while at the same time promote opportunities for growth and increased visibility. The OI Foundation, its chapters or affiliates shall be bound by this policy. |
This policy is intended to establish procedures and strategies that will protect the integrity of the Osteogenesis Imperfecta Foundation while at the same time promote opportunities for growth and increased visibility. The OI Foundation, its chapters or affiliates shall be bound by this policy.
The Osteogenesis Imperfecta Foundation shall avoid conflict of interest, or even its appearance, when accepting donations from, or forming strategic alliances and co-ventures with, corporations with vested interests in how patients or the medical community regard their products. To assure that conflicts of this kind do not occur, the OI Foundation’s Board of Directors has determined that acceptance of gifts from such commercial enterprises, and the OI Foundation’s subsequent relations to these donors, shall be governed by the following principles. Decisions concerning corporate relations are subject to review and approval by the Board of Directors. The board will evaluate on an annual basis the total amount of corporate support received as a percentage of total revenue.
1. The OI Foundation shall at all times exercise independent judgement in all its decision-making on issues affecting the welfare of people with OI. The potential effect of such positions on the commercial interests of a funding source shall not be a relevant factor in the OI Foundation’s decision-making process.
2. The OI Foundation shall solicit and accept support only for projects and activities that provide a meaningful mission-related benefit to the general public or particular constituencies of the Foundation, are consistent with the OI Foundation’s principles, public positions, policies, standards, and strategic plan, and where there is a reasonable certainty that the credibility and integrity of the OI Foundation will be safeguarded. If support is proposed for activities outside the strategic plan, the prior review and approval of the board of directors shall be required. The OI Foundation shall not enter into a relationship with a product or corporation that is, or which involve any products or services that are harmful to people with OI.
All materials from the corporation or the OI Foundation directed to the public will contain accurate and non-deceptive terms or statements such that a reasonable person will understand the nature and extent of the corporate relationship.
3. All strategic alliances and co-ventures with corporations shall be subject to review and approval of the board or designated committee. After it has been determined that a corporate relationship meets the requisite conditions for consideration, a proposal and written agreement shall be drafted that will specify the terms of the relationship, including (i) the amount of money that will be transferred to the OI Foundation; (ii) whether the payment is unrestricted or earmarked to support a particular event or program activity; (iii) a written description of the mission-driven activity supported that both parties will agree to use for purposes of disclosure to the general public; (iv) the manner in which each party will disclose the support to the general public, (e.g., in an easily accessible location on their websites); (v) that the OI Foundation retains complete control of and right of approval over all content related to the event or program activity; and (vi) whether, and if so, how the foundation’s name, logo and/or any identifying marks will be used by a corporation. The OI Foundation legal counsel will review the proposal and draft agreement to confirm that these documents ensure proper use of the OI Foundation name and logo, protection from liability, and assurance of compensation, as well as that the nonprofit status of the OI Foundation is in no way threatened by this partnership.
4. The OI Foundation shall accept funds for projects involving information or education services only when it has complete editorial and managerial control and final approval authority over the materials. Following completion of the materials and prior to publication, the funding source may be permitted to review the materials.
5. The OI Foundation shall neither endorse, nor allow the perception that it endorses, any products, devices, or services. Where the potential for a perceived endorsement does exist, a disclaimer explicitly stating that the OI Foundation does not endorse the product shall be required. The OI Foundation shall take all necessary steps to avoid the possibility that corporate support for its programs and materials could be interpreted as the OI Foundation’s endorsement of a business product. Any and all commercial products that use the OI Foundation name and/or logo shall also plainly bear the following disclaimer: “The Osteogenesis Imperfecta Foundation does not endorse any products.”
6. Strategic alliances, co-ventures, or corporate donation programs shall adhere to all applicable national, state, and local laws, regulations, and guidelines, including the BBB Wise Giving Alliance’s Standards for Charitable Accountability.
7. Companies may be given the exclusive right to sponsor educational programs and materials only when the associated grant or gift is sufficient to cover the full cost of the program. Exclusivity may be granted to a corporation or product for a particular activity for a specified time period if there is sufficient benefit to the OI Foundation and the public, and there is no prohibition against the OI Foundation engaging in different types of activities with competing corporations/products. To avoid the perception of endorsement, no exclusive relationship shall be entered into with any one product within a product category.
8. The OI Foundation’s name/logo will not be used on the packaging or sales promotional material of pharmaceutical or medical products directly involved in the management of OI. However, this does not preclude the OI Foundation from entering into cooperative relationships with such companies.
9. The OI Foundation shall accept support for projects or programs only when the privacy of people with OI and their families, or any individual participating in the initiative, is protected by a written agreement specifying the appropriate usage of participant names and addresses.
10. The OI Foundation shall accept support for professional meetings, patient conferences, and symposia only when the program content and selection of speakers are to be determined independently of the funding organization.
11. The OI Foundation shall maintain complete control of all funds provided from commercial sponsors to support its educational activities. The commercial source shall not be permitted to provide funds directly to faculty or other program participants.
12. The OI Foundation shall not permit presentations extolling a commercial product nor product promotions to occur at OI Foundation-sponsored meetings or conferences, except in a designated exhibit area.
13. The OI Foundation shall not allow its name/logo or identifying marks to be used in any promotion or advertisement that names and compares competing products, unless the OI Foundation has determined the superiority of the product with which it is associating and can substantiate its superiority. The OI Foundation shall not enter into any agreement which does not provide fair and sufficient value, in funds or in-kind services, for the use of the OI Foundation name and logo.
14. The OI Foundation shall not accept funding from any entity that may adversely affect its nonprofit status.
15. The use of the OI Foundation’s name and logo on any written (paper or electronic), video, or other publication or promotional materials not produced by the OI Foundation is not permitted without the OI Foundation’s prior review and written approval.
The OI Foundation shall disclose financial and other benefits it receives from funders or relationships with funders. At a minimum, the Foundation will disclose amounts received from corporations identified on Schedule B of the Form 990. The disclosure information will be posted on the OI Foundation’s website in an easily accessible location within six months of the close of the fiscal year. Disclosure will include the name of the corporation and the aggregate amount of support provided by that corporation. Disclosure should also include the total amount of all corporate support received from all corporations. When a purchase by a consumer causes a donation to be made to the OI Foundation, the OI Foundation’s name and logo shall be used only if accompanied by a statement describing the donation mechanism.