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Code of Ethics and Professional Standards
of the National Association of Solution Providers and Channel Partners.
Effective January 1, 2010
As a condition of participation as a Member in good standing of the National Association of Solution Providers and Channel Partners, all Members, notwithstanding the membership category in which they participate, agree to uphold the Articles and corresponding Standards of the Code of Ethics. The Preamble to the Code of Ethics is deemed aspirational in nature, and as such, does not impose any specific ethical requirement on Members. Members are, however, strongly encouraged to join in the common purpose of advancing the ideals set forth in the Preamble. Members do formally agree to conduct themselves in strict accordance with all Articles and Standards that follow the Preamble.
By definition, a code is a collection of detailed information pertaining to a particular subject. Ethical principles govern that which is deemed morally appropriate. In a broad sense, morality can be viewed as the standard by which humans judge behaviors as either right or wrong. To address the full spectrum between right and wrong, a Code of Ethics must consist of more than a short list of corporate vision statements or general statements of policy.
Effective ethical canons elevate individual conduct to levels that exceed the minimum standards for acceptable behavior established under federal, state, municipal, or common law. Nevertheless, it is important to note that any conflict between this Code of Ethics and applicable federal, state or municipal law must be resolved in favor of the law. This shall not be construed to diminish the importance and value of the Code of Ethics, but rather, to foster an appreciation for the role the Code plays in first supporting, and then enhancing standards set forth by a legislature, municipality, or court of law.
Preamble
The evolution of digital technology has dramatically advanced the way in which individuals conduct their personal and professional affairs. From ever-expanding and myriad communication pathways, to new business efficiencies and meaningful lifestyle enhancements, the exponents and proponents of modern technology are continually challenged to forge even greater advancements. This creates a potential duality of opportunity and responsibility.
Creativity has long been the cornerstone of technological advancement. This creativity actually flourishes in an open marketplace where healthy competition is encouraged. While competition is often motivated by the quest for profit, this quest should not serve as the justification for subordinating ethical constraints to personal gain. Accordingly, Members focus their activities on the betterment of the industry, and public perception of its value, as well as personal gain. Embracing the importance of free enterprise, Members understand that no ethical provision or enforcement mechanism can be employed that has an anticompetitive affect on the marketplace.
Appreciating the critical function that new and emerging technologies play in a rapidly evolving society, Members maintain high levels of knowledge, education, skill, and competency relative to their specific field of endeavor. Combined with strong ideals of integrity, responsibility, fairness, honesty, truth, and objectivity, Members set the highest example of professionalism. This example is then ingrained in the culture of each Member’s organization through the exercise of policies and procedures that adhere to these principles.
A larger system of accountability envisions Members remaining alert to the actions of their fellow Members, and to assist them in a deeper understanding of ethical principles through enforcement of the Code. When one Member bears witness to another Member violating the Code, it is recommended that the light of education be cast on the behavior by bringing the alleged violation to the attention of the disciplinary arm of the National Association of Solution Providers and Channel Partners. A violation of the Code of Ethics by one Member is considered to be an offense against all Members. When a consumer has an unfavorable encounter with one Member, the memory of the incident can be projected upon future Members with whom the consumer interacts.
The Code of Ethics strengthens the profession that is served by the National Association of Solution Providers and Channel Partners, builds respect for its Members in the minds of consumers, and creates an environment within which consumers and other Members feel they can safely rely on a Member to fulfill their technology needs. Since Membership is a privilege, not a right, the best way to protect the integrity of the Code is through its vigorous enforcement. Consequently, membership can be suspended or terminated depending upon the nature, severity, and repetitive nature of an adjudicated violation.
Finally, Members strive to set a positive example for both Members and non-member solution providers and channel partners alike. Perhaps no better example can be demonstrated than that established by the ethics of reciprocity. According to the principle of ethical reciprocity, otherwise known as the Golden Rule, Members seek to treat everyone, regardless of their membership affiliation or lack thereof, in a manner consistent with the level of respect they elect to be afforded. It is from this responsible perspective that Members uniquely distinguish themselves.
Article 1
When executing any business transaction, Members shall always act in a consumer’s best interests.
Standard 1-1: Definitions
The following definitions shall apply to all Articles and Standards set forth in this Code of Ethics: “Affiliate Member” shall refer to any Member who has been hired to work primarily for another Member as an employee or independent contractor; “Business transaction” shall refer to any type of personal, commercial, or professional relationship in which a product and/or service is delivered by a Member to a consumer (further, offers, solicitations, or attempts to conduct a business transaction shall be treated as if a business transaction has actually been established); “Consumer” shall refer to anyone with whom a Member conducts or contemplates a business transaction, including, but not limited to, the terms customer and client (consumer also refers to any other Member with whom a Member conducts or contemplates a cooperative business transaction); “Data” includes all forms of information in which an individual or entity has or asserts a legitimate proprietary or privacy interest; “Deliver” shall refer to the sale, transfer, exchange, trade, and/or provision of a product and/or service; “Member” shall include any and all of the membership categories set forth by the National Association of Solution Providers and Channel Partners (unless a distinction is drawn in a particular Standard for a specific purpose); and “Principal Member” shall refer to any Member who is the one person primarily responsible for the control or direction of his or her company or organization. The controlling authority for all other definitions shall be the current, unabridged edition of Black’s Law Dictionary.
Standard 1-2: Act in good faith
The duty that a Member has to act in a consumer’s best interests includes the duty to act in good faith regardless of the nature of the relationship a Member has with a consumer. For purposes of the Code of Ethics, good faith is measured by honesty-in-fact (as defined by state law).
Standard 1-3: Place consumer’s interests above all else
When working with consumers in a business transaction, Members faithfully pledge themselves to always place the best interests of the consumer above all else, and to represent those interests in an earnest manner. A Member shall not intentionally or recklessly engage in any action that diminishes the value, effectiveness, or efficiency of a consumer’s property.
Standard 1-4: Be responsive to consumer’s needs
Members shall respond in a timely fashion to a consumer’s request to enter into a business transaction. This includes timely acknowledgment that the requested product or service cannot be delivered whatsoever, or cannot be delivered at the requested price or within the requested time frame. Timely shall be determined by what is deemed commercially practicable under the circumstances.
Standard 1-5: Be honest and competent
Members shall deliver products and services to consumers in a manner that is honest and consistent with recognized industry standards of competence. Members shall not engage in exaggeration, nor shall a Member take advantage of a consumer’s lack of knowledge, sophistication, or experience. This standard may be further defined or expanded depending on the specific technology field in which the product or service is being delivered.
Standard 1-6: Disclose conflicts of interest
Unless stated otherwise in another Article or Standard, all actual and perceived conflicts of interest between Members and consumers of which the Member is reasonably aware, shall be disclosed as soon as practicable, but at no time later than the actual delivery of products, services, or advice pursuant to a business transaction.
Standard 1-7: Disclosure of security risks
When it comes to the attention of a Member that a business transaction with a consumer involves an information or data security issue regarding the potential for unauthorized accessing or hacking, the Member shall review standard security protocols for addressing the risk. A Member shall not provide advice pertaining to such security issue unless the Member is qualified to do so or adequately researches the issue. If a consumer wishes to seek the advice of a third-party security consultant, the Member shall provide a reasonable time to do so before fulfilling a business transaction.
Standard 1-8: Data backup disclosure
When it comes to the attention of a Member that a business transaction with a consumer involves a need for information or data backup, storage, and recovery, the Member shall review standard protocols for addressing the issue. A Member shall not provide advice pertaining to the need unless the Member is qualified to do so or adequately researches the need. If the Member assists the consumer by creating a backup and recovery solution, the solution shall be demonstrated for the consumer and written instructions provided prior to the end of the business transaction.
Standard 1-9: Code of Ethics applies to all Member activities
All duties set forth in the Code of Ethics, including the duty to act in good faith, apply any time a Member holds him or herself out to the public as a Member and/or a Certified Solution Pro™ (CSP™) designee. For example, a Member who is acting as a consumer for his or her own personal purposes is still obligated by the Code of Ethics if he or she identifies him or herself as a Member or a CSP™.
Standard 1-10: All business transactions are covered by the Code
The Code of Ethics applies to all Member business transactions regardless whether the product or service is delivered personally, by proxy, electronically, or by any other commercially recognized means.
Standard 1-11: Do no intentional harm
Members shall not knowingly enter into a business transaction or engage in an activity, the design or outcome of which, negatively affects the health, safety, or welfare of any person, entity, organization, or the environment.
Standard 1-12: Members abide by all laws
In addition to the Articles and Standards of this Code of Ethics, Members shall abide by all federal, state, and local laws and ordinances relating to their business practices.
Article 2
Proposals, quotations, and bids for products and services which are provided to consumers by Members shall be accurate, clear, and fully disclose all fees and terms. All material facts, findings, professional opinions, and estimates resulting from diagnostic services shall be fully disclosed in any resulting proposal, quotation, bid, or report. For purposes of Article 2, proposals, quotations, and bids shall be referred to as “submissions.”
Standard 2-1: Diagnostic services must be competent
When providing any professional advice or opinion for the purpose of diagnosing needs, problems and/or solutions, or recommending products or services of any kind, Members shall provide competent expert information to a consumer which is accurate, complete, and objective. To the extent possible, all such advice must be clear and understandable. This provision applies equally to the preparation of bids and proposals.
Standard 2-2: Do not deceive to induce business
A Member shall not deliberately mislead a consumer for the purpose of inducing a business transaction. Accordingly, a Member shall not provide deceptive information or advice pertaining to product or service needs of a consumer, whether it is provided via verbal recommendations or written bids or quotes.
Standard 2-3: Make written and timely submissions
All submissions shall be provided in written form and within any time frame promised by the Member or reasonable deadline established by the consumer.
Standard 2-4: Clearly state and honor fees
All fees for the products and services offered by Members shall be clearly stated in submissions and honored. If a fee cannot be provided because a submission depends, in part or in whole, on diagnostics that cannot be reasonably provided at the time of the request, a Member shall disclose this fact to the consumer. In such case, the Member shall not seek or obtain a contractual commitment from the consumer until such time as a fee can reasonably be determined and provided to the consumer.
Standard 2-5: Submissions may include price variance
Standard 2-4 does not preclude a Member from preparing a submission and entering into a contract for products and services that includes a provision for a reasonable price variance within a stated percentage of the bid or proposal.
Standard 2-6: Submissions may be mutually modified
Standard 2-4 does not preclude a Member and a consumer from entering into a mutual agreement to change a submission or contract fee based upon unforseen or unexpected circumstances that arise.
Standard 2-7: Submissions must be complete
In addition to the requirements of other Standards, submissions shall include: The name and contact information of both the consumer requesting the submission and the Member who provides it; Sufficient identification of the products or services to be delivered; Service pledges, warranties, and return policies, if offered; A recitation of any applicable limitations, exclusions, or conditions pertaining to the submission; and, The estimated time to complete the business transaction. In the case of business transaction involving the service, repair, or purchase of an item to be retrofit, a submission shall include a sufficient identification of any property given to a Member by a consumer to fulfill the business transaction.
Standard 2-8: Submissions may depend on onsite analysis
If a submission is dependent on an onsite analysis, the consumer shall be immediately informed of such fact. The customer or other requesting Member shall also be informed if the Member intends to assess a diagnostic, consulting, or travel charge for the onsite analysis, regardless of whether said charge is applied to the total business transaction fee due in the event the submission is accepted.
Standard 2-9: Disclose submission cannot be fulfilled
If, at any time during the preparation of a submission, a Member determines that he or she is unable to fulfill a consumer’s needs in a timely fashion, or cannot provide a submission for any reason, the Member shall promptly inform the consumer of such fact. This is designed to properly assist a consumer whose needs for products or services are time-sensitive, and to prevent unnecessary losses that may result from an intentional or neglectful delay in providing a submission.
Standard 2-10: Disclose submission deviations
If, during the actual provision of products and/or services pursuant to a submission, additional products or services are deemed necessary to complete the business transaction, a Member shall timely communicate the change, addition, or deviation to the consumer and shall not undertake to provide such change, addition, or deviation without written authorization.
Standard 2-11: Release from obligation to fulfill submission
A Member may be released from the obligation to fulfill the price and terms quoted in a submission if unforseen circumstances arise that reasonably make the fulfillment practically or financially impossible, the consumer is notified as soon as practicable, and the Member has not contributed to the circumstances in order to avoid the business transaction or take unfair advantage of the consumer. This provision does not apply to a negotiated contract between a Member and a consumer unless the contract contains a legally enforceable provision that releases the Member under such circumstances.
Standard 2-12: Standards apply to cross member submissions
The Standards set forth in Article 2 apply to submissions provided by Members to other Members who are working cooperatively on a business transaction that either Member has with a consumer.
Standard 2-13: Fees and terms are always negotiable
The National Association of Solution Providers and Channel Partners does not establish, recommend, or suggest any pricing or term components that Members use when negotiating business transactions or other contractual relationships. The fee that any Member charges consumers, and the contractual terms under which he or she is willing to conduct a business transaction, are always negotiable between the parties to the agreement. Members shall meticulously avoid any discussion of price, terms, or business practices with other Members that could be interpreted as an antitrust violation.
Standard 2-14: May exercise independent business judgement
Standard 2-13 does not preclude an individual Member, in the appropriate exercise of independent business judgement, from establishing his or her own individual price and terms threshold for the products and services he or she makes available to consumers.
Article 3
Members shall not undertake to deliver specialized products, or provide specialized services outside their field of professional knowledge, experience, or competence without either disclosing such fact to a consumer or engaging the assistance of a third party who is so knowledgeable, experienced, or competent.
Standard 3-1: Abide by limits on specialized services
The disclosure or election to engage the service of another expert pursuant to Article 3 must be made prior to the execution of a business transaction.
Standard 3-2: Disclose contribution of outside experts
If a Member engages an outside expert party who will be solely responsible for the provision of specialized products or services and/or warranty or call-back servicing, the Member shall disclose the exact contribution to the project along with the identity and contact information of the outside expert.
Article 4
Members may provide strictly consultative services subject to the Standards set forth in this Article.
Standard 4-1: Deliver consultative services objectively
A Member who is hired, for a fee, to provide services which are strictly consultative in nature shall deliver such services in an objective manner.
Standard 4-2: Maintain consultative fees independent of advice
The fee assessed by a Member who has been hired to provide strictly consultative services shall be determined by a formula which is completely independent of the advice or consultation provided.
Standard 4-3: Disclose personal benefits
If a Member who provides consultative services benefits from the advice or consultation provided, in any way other than the consultation fee charged, he or she shall fully disclose the existence of such benefit to the consumer, in writing, including all details of the actual or potential benefit to be derived by the Member.
Article 5
Unless stated otherwise in a specific Standard, Members shall treat the information, data, and intellectual property of a consumer as proprietary to the consumer and confidential.
Standard 5-1: Consumer data is proprietary and confidential
The information and data of a consumer that comes into a Member’s possession during the course of an actual or anticipated business transaction shall be treated as confidential, unless the consumer acknowledges to a Member, in writing, that the information is not to be treated as such. A Member shall observe all legally-required standards pertaining to confidentiality.
Standard 5-2: Confidentiality survives a business transaction
The duty to preserve confidential information and data continues after the consummation or termination of a business transaction unless the consumer releases the Member, the Member is ordered by a court to divulge the information, or the Member reasonably believes that disclosure to a law enforcement agency is necessary to prevent or halt the commission of a crime.
Standard 5-3: Do not copy or transmit data without consent
A Member shall not copy, reproduce, store, and/or transmit in any form or by any means whatsoever (including but not limited to electronic storage and retrieval systems, photocopy, facsimile, or recording) the information or data of a consumer without obtaining the consumer’s prior written consent. Consent must be secured prior to the commencement of a business transaction, or as soon as it comes to the attention of the Member that he or she should copy, reproduce, store, and/or transmit a consumer’s data for purposes of safeguarding it.
Standard 5-4: Delete data upon termination
Upon completion of a business transaction and restoration of a consumer’s information or data to its rightful location, all secondary copied and/or stored information or data by the Member shall be completely, securely, and permanently deleted, and the consumer shall be provided with a written confirmation of its deletion. This provision pertaining to deletion does not apply to a relationship in which a consumer requests that information or data be copied and/or stored pursuant to data backup and recovery (or similar) services.
Standard 5-5: Use remanufactured materials only with consent
A Member shall disclose to a consumer if remanufactured or refurbished parts, materials, or equipment will be used in connection with the fulfillment of a business transaction in lieu of new parts, materials, or equipment. No Member shall switch, trade, or swap the property, or any portion thereof, of one customer for that of another without fully disclosing such fact and seeking prior written permission from all parties concerned.
Standard 5-6: Honor the intellectual property rights of others
Members shall treat the intellectual property of others in accordance with the appropriate laws governing copyrights, trademarks, service marks, and patents. Included in this Standard is the full and faithful observance by Members of all software copyrights, licensing agreements, authorized distribution terms, and certificates of authenticity.
A Member shall not knowingly acquire, copy, distribute, or use the following in an unauthorized manner: Academic software; Beta software; Counterfeit and other illegally-produced software; Evaluation and Not for Resale software; Multiple license software; OEM software; Promotional software; or Upgrade software.
A Member shall not act as a contributory infringer by assisting another in violating a copyright. Nor shall a Member contribute, facilitate, or aid another in any violation of a right protected by this Standard.
Article 6
A Member, in the course of a business transaction with a consumer, shall disclose to the consumer all material facts pertaining to the business transaction.
Standard 6-1: Definition of “material”
A fact is deemed material if its disclosure would impact the decision of a reasonable consumer, who is acting under like or similar circumstances, to enter into a business transaction with a Member, or the price and terms the consumer may be willing to accept (or as may otherwise be defined by state law).
Standard 6-2: No duty to discover latent facts
Members shall not be obligated to disclose latent facts or facts not reasonably discoverable in the exercise of ordinary prudence by an individual with expertise in the specific field in which the Member conducts his or her business.
Standard 6-3: Nonmaterial facts not subject to disclosure
Facts which are considered to be “not material” under state law are not subject to the disclosure requirements of Article 6.
Article 7
When advertising or making representations of any kind, Members must always depict themselves, their products, and/or their services accurately, whether such advertising or representations are targeted to consumers or the public.
Standard 7-1: Qualifying representations
Qualifying representations include a Member’s products, services, capabilities, expertise, resources, or curriculum vitae. Members shall maintain accurate and current information on their websites and other forms of electronic advertising.
Standard 7-2: Restrictions apply to social networking sites
Standard 7-1 applies equally to information maintained on or associated with social networking sites.
Standard 7-3: Advertising may be appropriately modified
Standard 7-1 does not preclude a Member from modifying his or her advertising or marketing program as warranted by business needs and the cost of conducting business. However, once a bid or quote submission is provided to a consumer based upon advertised terms, a Member shall honor the quoted price and terms.
Standard 7-5: Details of special offers must be disclosed
A Member may employ the terms “free,” “discount,” “no charge,” or “rebate,” or any similar term in his or her advertising or representations providing that all associated terms and conditions are clearly noted in the advertisement or disclosed in the representation.
Standard 7-6: Accurately represent professional designations
Members shall only use or display those professional designations to which they are rightfully entitled. Rightful entitlement is measured by the rules of the credentialing organization or individual who officially confers the professional designation. Members in good standing who have rightfully earned the Certified Solution Pro™ (CSP™) designation from the National Association of Solution Providers and Channel Partners may not sublicense it or authorize any other person to use it regardless of that person’s employment affiliation with the Member.
Standard 7-7: Use of personal information from business transaction
A Member shall not sell, transfer, or share personal information pertaining to a consumer which is gathered in the course of a business transaction, with any other person or entity, without disclosing such fact and obtaining the written consent of the consumer. This Standard is to be treated consistently with the requirements of Article 5 pertaining to confidential information and data.
Standard 7-8: Use of personal information from Internet
Members who gather, collect, or otherwise harvest personal information pertaining to an actual or prospective consumer via the Internet, with the intent to sell or otherwise share the information with third parties, shall prominently and conspicuously disclose this fact to consumers on the Member’s website.
Standard 7-9: Appropriate use of Association database
Members may not target consumers listed on any database or in any compilation maintained by the National Association of Solution Providers and Channel Partners for the purposes of soliciting business (unless a particular database or compilation is openly maintained for the express purpose of consumers soliciting business from Members).
Standard 7-10: Application to Internet practices
Members shall not use deceptive URL’s, domain names, or practices, including but not limited to acts of cybersquatting, typosquatting, and ciphering, that present less than an accurate depiction of the Member or his or her business practices.
Standard 7-11: Do not engage in Internet fraud
Members shall not use the Internet to engage in any representation, omission, or practice that is designed to, or is likely to, mislead or deceive a consumer. This prohibition includes acts such as phishing, pharming, spoofing attacks, spam, and DNS cache poisoning, hacking, identify theft fraud, and credit card fraud.
Article 8
Members shall not enter into or fulfill a business transaction in any manner that violates, compromises, or abridges the civil rights of another person. Additionally, Members shall not discriminate in their employment practices.
Standard 8-1: Do not deny equal professional service
A Member shall not deny equal professional services to any person or entity for reasons of race, color, religion, national origin, gender, familial status, or disability. This list of protected classifications is deemed expanded in accordance with applicable state law or municipal code.
Standard 8-2: Do not discriminate in employment practices
A Member shall not discriminate in his or her employment practices. The term “employment practices” refers to employees and independent contractors, without regard to the capacity in which the employed individual is hired, the term of employment, or the job description of the hired individual.
Article 9
Members agree to fully cooperate in any ethics investigation or hearing, and to do so in a manner that furthers the principles of the Code of Ethics. Principal Members agree to submit all contractually-based business disputes to alternative dispute resolution (ADR) rather than litigate, and to participate in ADR with consumers who invoke it and agree to fully abide by the process. However, if litigation has been initiated, no complaint involving an ethics violation or request for ADR will be considered.
Standard 9-1: Participate in ethics investigations and hearings
In the event of an allegation of unethical practices, whether advanced by a consumer or another Member, the Member against whom the allegation has been lodged shall participate in any investigative or hearing process by providing a full and accurate accounting of all appropriate facts. This Standard applies equally to a Member who is asked to participate in an investigation or hearing involving another Member who is charged with an unethical practice.
Standard 9-2: Do not obstruct the process
A Member shall take no action that obstructs or impedes an ethics investigation or hearing, including filing or threatening to file a legal action in an attempt to quash a hearing or intimidate a person from filing, continuing, or testifying in a hearing. This Standard applies equally to other forms of ADR.
Standard 9-3: No unauthorized disclosure of process
A Member who initiates, responds to, or participates in an ethics hearing shall refrain from making unauthorized disclosures of information pertaining to allegations, the hearing, findings, or decisions. This Standard applies equally to other forms of ADR.
Standard 9-4: Use ADR for qualifying business disputes
If a contractually-based dispute arises between Principal Members associated with different companies over a business transaction, the Principal Members agree to submit the dispute to mediation. In the event that the mediation process fails to result in a mutually agreeable and executed settlement, the Principal Members shall submit the dispute to binding arbitration for a final resolution.
Standard 9-5: ADR may be superceded or mutually waived
Standard 9-4 is deemed subject to and superceded by any existing and legally-enforceable contract between the Principal Members that governs the same issue. The duty to submit a contractually-based dispute over a business transaction to mediation or arbitration pursuant to Standard 9-4 may be subsequently waived if both Principal Members agree, in writing, to waive it. Standard 9-5 does not apply to an ethics hearing.
Standard 9-6: Member must participate with consumer
If a contractually-based dispute arises between a customer and a Principal Member over a business transaction, and the customer wishes to invoke mediation, the Principal Member shall participate. In the event that the mediation process fails to result in a mutually agreeable and executed settlement, and the customer wishes to invoke arbitration and agrees to be bound by the decision, the Principal Member shall participate in the arbitration. Standard 9-6 is deemed subject to and superceded by any existing and legally-enforceable contract between the consumer and Principal Member that governs the same issue.
Standard 9-6: Form for submission of ethics complaint
An alleged violation of the Code of Ethics must be expressed in terms of one or more specific Articles, along with the specific supporting Standard or Standards alleged to have been violated.
Article 10
Members shall not take advantage of other Members in a way that is considered deceptive, disparaging, or inconsistent with an exclusive contractual relationship that the other Member has with a consumer. Further, a Member shall fully cooperate when he or she is engaged by another Member to cooperatively fulfill a business transaction that the engaging Member has with a consumer.
Standard 10-1: Do not deceive other Members
A Member shall not, intentionally or with willful disregard for the outcome, engage in any deceptive practice that takes advantage of another Member.
Standard 10-2: Do not disparage other Members
Members shall not intentionally, or with willful disregard for truth or validity, make false or misleading statements about other Members, their businesses, or business practices. This Standard applies to all utterances, written statements, Internet postings, and technological forms of transmission or retransmission. This Standard does not preclude a Member from engaging in comparative advertising that is factually based, true, and not deceptive or misleading.
Standard 10-3: Give best efforts when cooperating with other Members
When one Member engages the services of another Member to assist in the fulfillment of a business transaction with a consumer, the other Member shall give his or her best efforts and cooperate in a full and honest manner with the engaging Member.
Standard 10-4: Respect exclusive, contractual relationships of others
When one Member engages the services of another Member to assist in the fulfillment of a business transaction with a consumer that is contractual and exclusive to the engaging Member, the other Member shall not take any action or employ any practice that is inconsistent with the terms of the exclusive contract that the engaging Member has with the consumer.
Standard 10-5: Limitations on Standard 10-3
Standard 10-3 does not preclude a Member from: (1) Contacting a consumer with whom another Member has an exclusive, contractual relationship in order to offer different products or services; (2) Contacting a consumer with whom another Member has a nonexclusive relationship to offer any type of product or service; (3) Discussing a future or different type of business transaction with a consumer with whom another Member has an exclusive, contractual relationship, providing the consumer contacted the Member and the Member did not directly or indirectly initiate the contact.
Standard 10-6: Affiliate Member shall not induce cancellation of contracts
In the event that an Affiliate Member’s employment relationship with his or her employing Member is terminated by either party, for any purpose, the Affiliate Member shall not encourage or induce customers of the employing Member to cancel their contractual relationships with the employing Member while the Affiliate Member is still employed. This Standard is deemed subject to and superceded by any legally enforceable employment contract, provision, or agreement between the employing Member and the Affiliate Member that governs the same issue.
Standard 10-7: Limitations on application of Code
No Article or Standard shall be interpreted as: (1) Prohibiting good faith disagreements over otherwise ethical practices; (2) Prohibiting Members from engaging in competitive, aggressive, or innovative practices which are otherwise ethical; (3) Prohibiting Members from engaging in any marketing, advertising, or business solicitation practice which is ethical; or, (4) Prohibiting Members from negotiating or entering into any form of business relationship with a consumer which is legal and ethical.
The Code of Ethics was first adopted by the National Association of Solution Providers and Channel Partners in January, 2010
Note
The Articles and supporting Standards are subject to periodic additions, deletions, and modifications. Members are, therefore, strongly recommended to stay abreast of and observe the most current version of the Code. In the event of an alleged violation of the Code, the version in existence at the time the act or business transaction giving rise to the alleged violation transpired shall be used in any subsequent hearing.
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