Accreditation Agreement
1. Accreditation Standards
APPLICANT agrees it has read and understands the BBB Standards of Accreditation and certifies that it meets these standards. APPLICANT agrees to resolve its customer disputes in accordance with BBB Standards of Accreditation and the corresponding dispute resolution rules. If APPLICANT uses an approved alternative provider to resolve such disputes,
APPLICANT agrees to give BBB access to all information necessary to allow BBB to monitor compliance with decisions. If APPLICANT is unable to resolve a customer dispute through
the BBB’s normal dispute resolution process, the APPLICANT must select one of the following processes as the preferred procedure under this Agreement:
a. BBB (Binding) Arbitration
b. Alternative Arbitration approved by BBB
2. Authorization to Use BBB Name and Logo
a. Permission to Identify Accreditation. During the term of this agreement, the BBB grants APPLICANT a nonexclusive, nonassignable and nontransferable license to use the BBB name and logos listed only as set forth below. APPLICANT agrees that the Logos may not be otherwise used, copied, reproduced, or altered in any manner whatsoever. BBB will provide the Logos in various sizes to APPLICANT. APPLICANT must receive prior written permission to use another size, and approval will not be granted unless the new size meets minimum height requirement for “BBB” of 1/8 inches tall. APPLICANT shall have no other right, title or interest whatsoever, in the Logos or in any similar marks.
b. Accreditation Plaques and Decals. APPLICANT may display the BBB Accredited Business plaque and decal at its places of business and at trade shows in accordance with BBB policy. APPLICANT may also display the BBB Accredited Business decal on company-owned or operated vehicles.
c. Advertising and Business Documents. APPLICANT may, within the BBB’s geographic service area, state “Better Business Bureau Accredited Business” in any of the following media: newspapers, periodicals, billboards, posters, direct mail, flyers, yellow pages or other directory advertising, telephone, TV or radio spots, business cards, stationery, invoices, facsimile cover sheets and other business documents. If all APPLICANT’s physical locations are within this BBB’s service area, APPLICANT may advertise its accreditation wherever APPLICANT does business. If APPLICANT has physical locations in other BBBs’ service areas, advertising rights are restricted to this BBB’s service area unless permitted by agreement(s) with other BBBs. The APPLICANT may advertise its BBB rating according to the standards set forth by the CBBB.
d. Online identification.
i. APPLICANT may display an online seal to identify its BBB Accreditation on the World Wide Web (the “Online seal”). APPLICANT must use the current seal to allow consumers to verify accreditation and online participation and to learn more about the BBBOnLine program. APPLICANT may, at its option, state “BBB Accredited Business” in addition to displaying the online seal. Upon approval of admission into this program, APPLICANT will be emailed the specific instructions and the Online seal. The Online seal and accreditation statement is the only BBB identification that may be displayed on the World Wide Web.
ii. APPLICANT may display the Online seal and accreditation statement anywhere on its World Wide Web site at its primary Internet domain name. In addition, APPLICANT may display the Online seal and accreditation statement on other World Wide Web sites where APPLICANT advertises, so long as APPLICANT provides the uniform resource locator(s) (“URL”), that provides a complete path to the document(s) or page(s) where APPLICANT will display Online seal and/or accreditation statement, to the BBB in writing. If such URL changes, APPLICANT must inform the BBB in writing and APPLICANT must include the URL of the site that will no longer display the seal and/or accreditation statement.
iii. CBBB will electronically transfer the Online seal to APPLICANT. APPLICANT understands that the Online seal will be hyperlinked to a BBBOnLine participation confirmation page and to pertinent information about APPLICANT.
3. Suspension/Termination
a. By BBB. If BBB suspends APPLICANT’s accreditation or if CBBB suspends APPLICANT’s authorization to identify BBB accreditation, APPLICANT agrees, upon notification of such suspension, to cease using the Logos in all transient media specified in Paragraphs 2(c) and (d). The CBBB will disable the online seal’s authentication until APPLICANT removes the Online seal from the World Wide Web. A suspended APPLICANT may request review of the suspension under applicable procedures set forth in BBB’s Bylaws. Unless the suspension is set aside following a review, suspension will become final and this Agreement will be terminated. If terminated, APPLICANT agrees, upon termination, to cease using the BBB name and logos in all media and to remove the Accredited Business plaque and decals from all places where displayed.
b. By APPLICANT. APPLICANT may terminate this Agreement on thirty (30) days written notice to the BBB. APPLICANT will be obligated to comply with any and all obligations under this Agreement prior to termination. Upon termination, APPLICANT agrees to destroy any and all materials bearing the Logos and to return the BBB Accredited Business plaque and decals and remove all online identification from all places where APPLICANT displays them. If APPLICANT continues to use the Logos, APPLICANT will be obligated to arbitrate its customer disputes in accordance with Paragraph 1 above.
c.TERMINATION: An accreditation may be revoked by the BBB at any time for failure to comply with this Agreement, the Standards of Accreditation or the Bylaws of the BBB.
The APPLICANT understands and agrees that in the event its Better Business Bureau accreditation is revoked, the revocation may be published in the company’s BBB reliability report for three years. In addition, the BBB, in its sole discretion, may publicly acknowledge the existence of such revocation.
4. Indemnification
APPLICANT agrees to indemnify and hold BBB, Council of Better Business Bureaus, Inc. (as trademark owner on behalf of the BBB system) and their employees/ officers/directors (collectively “CBBB”) harmless against any loss, damage or expense (whether direct, indirect or consequential), including reasonable attorney’s fees, arising out of any misuse of BBB trademarks or of any violation of the terms and conditions of this agreement. APPLICANT also agrees to indemnify and hold BBB and CBBB harmless against any loss, damage or expense, including reasonable attorney’s fees, with respect to all third party claims of any kind, including product liability, arising in connection with APPLICANT’s product(s) and/or service(s).
5. Limitation of Liability
APPLICANT agrees it will not sue for monetary damages on any matter concerning this agreement. BBB makes no representations, warranties, or covenants of any kind, either expressed or implied, regarding title to or ownership of any rights in any marks, validity of any marks, the right to license any marks or non-infringement of the rights of others in any marks.
6. Relationship of Parties
a. APPLICANT is not, and will not represent itself as an agent, representative, partner, subsidiary, joint venturer, or employee of the BBB, nor shall APPLICANT represent that it has any authority to bind or obligate the BBB in any manner whatsoever.
b. Nothing in this Agreement or in APPLICANT’s use of the Logos shall confer any endorsement or approval of APPLICANT’s products or services. APPLICANT’s use of the Logos is intended only to identify BBB accreditation and a commitment to abide by, all BBB Standards of Accreditation, including all customer dispute resolution provisions.
c. APPLICANT agrees to notify the BBB of any merger, acquisition or consolidation of or by APPLICANT with another entity. The surviving entity of such merger, acquisition or consolidation must re-qualify for BBB accreditation.
Standards of Accreditation for the BBB of San Diego and Imperial Counties Amended January 2009
The BBB’s Board of Directors will use these standards as its primary, although not only, basis for evaluating the eligibility of APPLICANTS and determining the continued eligibility of existing members. All APPLICANTS, existing accredited businesses and their principals must:
STANDARDS OF TRUST
1. Build Trust
Establish and maintain a positive track record in the marketplace. An accredited business or organization agrees to:
a. Have been operational (actively selling products or services) in any BBB service area for at least the most recent 12 months, unless the principal(s) previously operated a similar business with an eligible record (one that qualifies for BBB accreditation.)
b. Fulfill all licensing and bonding requirements of applicable jurisdictions; provide all license and bonding information upon application for BBB accreditation; and provide periodic updates upon request of the BBB.
c. Be free from government action that demonstrates a significant failure to support BBB ethical principles in marketplace transactions (this requires a determination by the BBB as to the nature of any violation, whether it was caused or condoned by management and actions taken to resolve underlying issues that led to the government action).
d. Be free of any unsatisfactory rating and maintain at least a B rating at the accrediting BBB and the BBB where it is headquartered, if different.
e. In its relationship with the BBB: Meet all applicable standards within the Standards of Trust; cooperate with the BBB’s activities and efforts to promote voluntary self–regulation within the business’ industry; honor any settlements, agreements or decisions reached as an outcome of a BBB dispute resolution process; complete the required application and pay all monetary obligations to the BBB in a timely manner.
2. Advertise Honestly
Adhere to established standards of advertising and selling. An accredited business or organization agrees to:
a. Follow federal, state/provincial and local advertising laws.
b. Abide by the BBB Code of Advertising available at the BBB’s website. Supply, upon request, substantiation for advertising and selling claims. Correct advertising and selling practices, when recommended by the BBB.
c. Adhere to applicable BBB industry codes of advertising.
d. Cooperate with BBB self-regulatory programs for the resolution of advertising disputes.
e. Use the BBB name and logos in accordance with BBB policies.
f. Avoid misleading customers by creating the false impression of sponsorship, endorsement, popularity , trustworthiness, product quality or business size through the misuse of logos, Trustmark’s, pictures, testimonials, or other means.
3. Tell the Truth
Honestly represent products and services, including clear and adequate disclosures of all material terms. An accredited business or organization agrees to:
a. Make known all material facts in both written and verbal representations, remembering that misrepresentations may result not only from direct statements but by omitting or obscuring relevant facts.
b. Ensure that any written materials are readily available, clear, accurate and complete.
4. Be Transparent
Openly identify the nature, location, and ownership of the business, and clearly disclose all policies, guarantees and procedure that bear on a customer’s decision to buy. An accredited business agrees to:
a. Upon request, provide BBB with all information required to evaluate compliance with BBB standards. This may include, but is not limited to business name, address and contact information; names and background of principals; business and banking references; licensing and/or professional accreditation; and a complete description of the nature of the business.
b. Clearly disclose to customers a direct and effective way to contact the business; terms of any written contract; any guarantees or warranties accompanying a product; any restrictions or limitations imposed (i.e. limited supply, maximum number available per customer); the business’ return/refund policy; any recurring commitment into which the customer may be entering, including information on how future billing will occur; total cost of the transaction, including tax, shipping and handling, and other related charges.
c. If selling products or providing services on websites or via other electronic means: provide any required product labeling information; disclose the nature and terms of shipping, including any known delays or shortages of stock; provide an opportunity to review and confirm the transaction before the sales is completed; provide a receipt summarizing the transaction after the purchase.
5. Honor Promises
Abide by all written agreements and verbal representations. An accredited business agrees to:
a. Fulfill contracts signed and agreements reached.
b. Honor representations by correcting mistakes as quickly as possible.
6. Be Responsive
Address marketplace disputes quickly, professionally, and in good faith. An accredited business or organization agrees to:
a. Promptly respond to all complaints forwarded by the BBB by:
i. Resolving the complaint directly with the complainant and notifying BBB, or
ii. Providing BBB with a response that BBB determines: Is professional, addresses all of the issues raised by the complainant, includes appropriate evidence and documents supporting the business’ position and explains why a relief sought by the complainant cannot or should not be granted.
b. Make a good faith effort to resolve disputes, which includes mediation if requested by the BBB. Other dispute resolution options, including arbitration, may be recommended by the BBB when other efforts to resolve a dispute have failed. BBB may consider business’ willingness to participate in recommended dispute resolution options in determining compliance with these standards.
c. Comply with any settlements, agreements or decision reached as an outcome of a BBB dispute resolution process.
d. Cooperate with BBB in efforts to eliminate the underlying cause of patterns of customer complaints that are identified by the BBB.
7. Safeguard Privacy
Protect any data collected against mishandling and fraud, collect personal information only as needed, and respect the preferences of customers regarding the use of their information. An accredited business agrees to:
a. Respect Privacy. Businesses conducting e-commerce agree to disclose the following on its website(s): What information is collected, with whom it is shared, how it can be corrected, how it is secure, how policy changes will be communicated, and how to address concerns over misuse of personal data.
b. Secure Sensitive Data. Business that collect sensitive data online (credit card, bank account numbers, social security number, salary or other personal financial information, medical history or records, etc.) will ensure that it is transmitted via secure means; businesses will make best efforts to comply with industry standards for the protection and proper disposal of all sensitive data, both online and offline.
c. Honor Customer Preferences. Businesses agree to respect customer preference regarding contact by telephone, fax and email, and agree to remedy underlying cause of any failure to do so.
8. Embody Integrity
Approach all business dealings, marketplace transactions and commitments with integrity. An accredited business or organization agrees to:
Avoid involvement by the business or its principals, in activities that reflect unfavorably on, or otherwise adversely affect the public image of the BBB or its accredited businesses. If admitted to accreditation, the APPLICANT agrees to be bound by all new Standards of Accreditation as are adopted by the BBB from time to time. In applying for accreditation, the APPLICANT certifies that it has read and understands the Standards of Accreditation as set forth on this Agreement and that its business meets and agrees to comply with such Standards throughout the duration of its accreditation in the BBB. The APPLICANT understands that upon acceptance of this Agreement by the BBB, its accreditation shall be conditioned upon (i) the approval of the BBB at its next regularly scheduled meeting and (ii) continued compliance with all Standards of Accreditation. By applying for accreditation, the APPLICANT agrees to accept faxes and e-mail correspondence from the BBB. By signing below, the undersigned represents and warrants that he or she has the requisite power and authority to sign on behalf of APPLICANT and bind APPLICANT to all the terms and conditions of this Agreement, including, but not limited to, the arbitration requirements set forth herein. APPLICANT acknowledges it has read and understands the pages of this Agreement.
BBB accreditation dues are annual and non-refundable.