CODE OF CONDUCT
of the
National Association of Solution Providers and Channel Partners
Effective January 1, 2013
Every BASIC Member (hereafter referred to as Member) of the National Association of Solution Providers and Channel Partners agrees to uphold the Code of Conduct as a condition of membership. The Preamble to the Code of Conduct 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 that follow the Preamble.
Preamble
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 of Conduct is through its vigorous enforcement. Consequently, membership can be suspended or terminated depending upon the nature, severity, and repetitive nature of an adjudicated violation.
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 of the National Association of Solution Providers and Channel Partners uniquely distinguish themselves from non-Members.
For purposes of the Code of Conduct, the following definitions are in effect:
Member includes a BASIC Member of the National Association of Solution Providers and Channel Partners.
Business transaction refers to any relationship in which a product and/or service is delivered by a Member to a consumer, business, or other Member.
Consumer refers to anyone with whom a Member conducts or contemplates a business transaction.
Article 1
1-1 Members shall act in the best interests of a consumer, placing the best interests of the consumer above all else.
1-2 Members shall deliver products and services in a manner that is honest and consistent with recognized industry standards of competence.
1-3 In addition to the Code of Conduct, Members shall abide by all federal, state, and local laws and ordinances relating to their business practices.
Article 2
2-1 Proposals, quotations, and bids shall be accurate, clear, and fully disclose all fees and terms, whether they pertain to a business relationship with consumers or other Members
2-2 When diagnosing problems or recommending products or services, Members shall provide information which is accurate, complete, and objective.
2-3 Members shall not deliberately mislead, or provide deceptive information or advice pertaining to product or service needs of a consumer.
2-4 Members shall avoid any discussion of price, terms, or business practices with other Members that could pose a potential antitrust violation.
Article 3
3-1 Members shall not deliver specialized products or services outside of their field of professional competence without disclosing such fact to a consumer or engaging the assistance of a third party who is competent.
Article 4
4-1 If a Member provides services which are strictly consultative in nature, and the Member benefits from the consultation in any way other than the consultation fee charged, he or she shall fully disclose the existence of such benefit to the consumer.
Article 5
5-1 Members shall treat the information, data, and intellectual property of a consumer as proprietary to the consumer and confidential unless the consumer acknowledges that the information is not to be treated as such.
5-2 A Member shall not copy, reproduce, store, and/or transmit the data of a consumer without obtaining the consumer’s prior written consent.
5-3 A Member shall disclose to a consumer if remanufactured, refurbished, or previously purposed parts, materials, or equipment will be used in connection with the fulfillment of a business transaction in lieu of new parts, materials, or equipment.
5-4 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.
Article 6
6-1 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. Facts which are considered to be “not material” under state law are not subject to this disclosure requirement.
Article 7
7-1 When advertising or making representations, Members must depict themselves, their products, and their services accurately.
7-2 Members shall only use or display those professional certifications and designations to which they are rightfully entitled. Only FULL Members of the National Association of Solution Providers and Channel Partners who are in good standing may use the Designated Solution Pro™ (DSP™) membership mark. BASIC Members may not use this membership mark.
7-3 Members shall not target consumers listed in any compilation maintained by the National Association of Solution Providers and Channel Partners for the purposes of soliciting business (unless such compilation is specifically authorized for such purpose).
Article 8
8-1 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.
Article 9
9-1 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 Conduct.
9-2 An alleged violation of the Code of Conduct must be expressed in terms of one or more specific Articles, along with the specific supporting Standard or Standards.
Article 10
10-1 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.
10-2 Members shall not intentionally make false or misleading statements about other Members, their businesses, or business practices.
10-3 Members shall only post business reviews that are honest, factually accurate, and based upon actual experience with another Member’s business. A Member shall not post a review on another Member’s website for the sole purpose of casting a negative light on the other Member’s business.
10-4 When a Member engages the services of another Member to cooperatively assist in the fulfillment of a business transaction with a consumer, the cooperating Member shall give his or her best efforts and not take any action that is inconsistent with the terms of the exclusive contract that the engaging Member has with his or her consumer.
10-5 No Article shall be interpreted as prohibiting good faith disagreements over otherwise ethical practices; prohibiting Members from engaging in competitive practices which are otherwise ethical; prohibiting Members from engaging in any marketing practice which is ethical; or prohibiting Members from negotiating or entering into any form of business relationship which is legal and ethical.
The Code of Conduct was first adopted by the National Association of Solution Providers and Channel Partners in 2012.
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 of Conduct. In the event of an alleged violation of the Code of Conduct, 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. Any conflict between the Code of Conduct and applicable federal, state or municipal law must be resolved in favor of the law.