BBB Membership. BBBOnLine and Member Identification (MIP): Application and Agreement

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1 BBB Membership Logo Use Programs BBBOnLine and Member Identification (MIP): Application and Agreement (MEMBER) wants to advertise its membership in the Better Business Bureau (BBB) serving Metropolitan New York, Long Island and Mid-Hudson Region, and accordingly agrees to abide by the terms and conditions set forth below. MEMBER understands that the right to identify membership begins when MEMBER is notified this application has been accepted by BBB, and for online identification by the Council of Better Business Bureaus, Inc. (the Council). 1. Member Standards MEMBER agrees it has read and understands the BBB Member Standards listed on this Web site and certifies that it meets these standards. MEMBER agrees to resolve its customers disputes in accordance with BBB Standards of Membership and the applicable dispute resolution agreement. MEMBER chooses the following dispute resolution option (MEMBER must initial next to ONLY ONE program): 1. BBB s Customer Commitment Program [please complete and return Customer Commitment Attachment, governed by Uniform Rules for BBB Arbitration]; 2. BBB s Informal Dispute Settlement Program [please complete and return Informal Dispute Settlement Attachment, governed by IDS Rules for the Better Business Bureau]; 3. Alternative Provider acceptable to BBB. If MEMBER uses an approved alternative provider to resolve disputes, MEMBER must provide Bureau with substantiation of an agreement with an alternative provider, including program rules, and agrees to give BBB access to all information necessary to allow BBB to monitor compliance or good faith compliance with decisions. 2. Authorization to Use BBB Name and Logo a. Permission to Identify Membership. During the term of this agreement, the BBB grants MEMBER a limited, nonexclusive, nonassignable and nontransferable license to use the BBB name and logo as specifically shown in this Agreement, only as prescribed below. MEMBER understands that, if it is merged, acquired, or consolidated with another company, it must inform the BBB of this, and the new company must re-qualify for BBB membership. MEMBER agrees that the BBB name and logos may not be otherwise used, copied, reproduced, or altered in any manner. BBB will provide the logos in various sizes to MEMBER. MEMBER must receive prior written permission from the BBB to use another size. Nothing in this Agreement, or in MEMBER s use of these marks, grants or may be construed as granting MEMBER any right whatsoever in the marks, or in any similar marks, beyond the right granted in this Agreement. No other rights, licenses, trademarks, copyrights, patents, or other intellectual property rights, are either implied or granted under this Agreement. BBB membership, name or logo may

2 not be advertised on the World Wide Web unless MEMBER participates in BBBOnLine. BBBOnLine is a national program which, for a nominal cost, will provide a specific approved online logo electronically. b. Membership Certificate, Decal and Plaque. MEMBER may display the BBB membership decal, and/or certificate or plaque at its places of business and at trade shows in strict accordance with BBB policy. MEMBER may also display the BBB approved membership decal, without alteration, on company-owned or -operated vehicles. c. Advertising and Business Documents. MEMBER may, within the BBB s geographic service area (all boroughs of New York City, Long Island, Westchester, Putnam, Dutchess, Orange, Ulster, Sullivan and Rockland Counties) state Member Better Business Bureau if MEMBER also specifically identifies the BBB s service area or displays the offline Member Identification logo depicted in this document, without alteration, in 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. Member Identification logo: 0(0%(5 0(75232/,7$11(:<25. d. Online Identification i. Approval Process. MEMBER may also choose to display an online logo and identify its BBB membership on the World Wide Web subject to the specific conditions set forth below. Because the World Wide Web extends beyond the assigned service area of the BBB, this right is subject to approval by the Council. ii. What Can Be Used Online. If approved, MEMBER must use the unaltered online logo depicted in this document to allow consumers to verify membership and online participation, and to learn more about the BBBOnLine program. MEMBER may also, at MEMBER s option, state Member Better Business Bureau if MEMBER specifically identifies the BBB s service area.

3 BBBOnLine Reliability Seal: Horizontal Vertical iii. Where Online Identification Can Be Made. MEMBER may display the online logo anywhere on its World Wide Web site at its primary Internet domain name. In addition, MEMBER may display this logo and membership statement on MEMBER s other World Wide Web sites so long as MEMBER provides the BBB in writing with the uniform resource locator(s) (URL) that provides a complete path to the document(s) or page(s) where MEMBER will display the logo. If the URL changes, MEMBER must immediately inform the BBB in writing and MEMBER must include the URL of the site that will not longer display the logo, if appropriate. MEMBER is not permitted to identify online until review and approval by the BBB. iv. How to Obtain the Online Logo. The BBB will electronically transfer the online logo to MEMBER. MEMBER understands that the logo will be hyperlinked to the BBBOnLine home page at or such other address as may be established to guide users to online standards and to pertinent information about MEMBER. 3. Suspension/Termination a. By BBB. If BBB suspends MEMBER under the BBB s Bylaws, or if the Council suspends authorization to identify BBB membership, MEMBER agrees to cease immediately using the BBB name and logo as indicated in paragraph 2(b), and in all transient media specified in paragraphs 2(c) and 2 (d). The Council will disable the online logo s authentication and require that MEMBER remove the online logo(s) from all of its World Wide Web sites, together with any statements claiming BBB membership. A suspended MEMBER may request review of the suspension under applicable procedures. Unless the suspension is set aside following a review, suspension will become final and this Agreement will be terminated. If terminated, MEMBER agrees to cease immediately using the BBB name and logo in all manners and forms, specifically including, but not limited to, all media and to remove the membership decal(s) and/or certificate or plaque, or online logo or other BBB identification from any and all places where MEMBER displays them, and to destroy immediately any and all materials bearing the BBB name, logo, and copy. b. By MEMBER. MEMBER may terminate this Agreement on thirty (30) days written notice to the BBB. MEMBER will be obligated to comply with any obligations that arise under this agreement prior to termination. In addition, MEMBER agrees to destroy immediately any materials bearing the BBB name, logo and copy; and to remove the BBB decal(s), and/or certificate or plaques, or online logo or other BBB identification, from

4 any and all places where MEMBER displays them. MEMBER also agrees to cease immediately using the BBB name and logo as indicated in paragraph 2(b) and 3(a) and in all transient media specified in paragraphs 2(c) and 2(d). If MEMBER continues to use the BBB name and/or logo, MEMBER will be obligated to arbitrate its customers disputes in accordance with paragraph 1 above. 4. Fees MEMBER agrees to maintain financial obligations as prescribed by the BBB s Board of Directors. MEMBER agrees to pay the fee, as set by the BBB, for participating in the BBBOnLine program. Dues and fees to the Better Business Bureau may be tax deductible as ordinary and necessary business expenses, but are not tax deductible as charitable contributions for Federal income tax purposes. 5. Indemnification MEMBER agrees to indemnify fully and hold the BBB and Council harmless against any loss, damage, or expense, including reasonable attorney s fees, arising out of any misuse of the BBB name or logos, or of any violation of the terms and conditions of this Agreement. MEMBER also agrees to indemnify fully and hold the BBB and the Council 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 its product(s) or service(s). 6. Limitation of Liability MEMBER agrees it will not sue the BBB or Council for monetary damages on any matter concerning this Agreement. 7. Relationship of Parties a. MEMBER is not, and will not represent itself as an agent, representative, partner, subsidiary, joint venture, or employee of the BBB, nor can it bind or obligate, or represent that it has any authority to bind or obligate the BBB in any manner or in any thing. Specifically, nothing contained herein shall be construed to create any such employeremployee, joint venture, agency, or partnership relationship between the parties. b. Nothing in this Agreement or in MEMBER s use of the BBB name or logo shall confer any endorsement or approval of its products or services. MEMBER s use of these marks is intended only to convey membership in the BBB and a commitment to abide by BBB membership standards, including customer dispute resolution. Nothing in this Agreement shall be construed to convey any contrary intentional rights.

5 BBBOnLine and MIP Agreement - MEMBER Must Complete: Company Name Street Address City State Zip Name of Company Representative (Print): Title Signature Date BBBOnLine Participant Information (please complete all information): Firm Name Street Address City State Zip Name of Company Principal (Print): Principal s Title Firm Telephone Number Fax Firm Address Customer Service Address if Different Customer Service Contact Name and Title Uniform Resource Locator (URL) for Applicant s Web Site: List all other Domain Names or URLs where BBBOnLine Seal Will Be Displayed:

6 Annual US Sales No. of Employees Business Start Date License Number & Type if Applicable Internet Service Provider Company Name (ISP) Contact Person At ISP Phone Please briefly describe products or services offered online - this will be used to create your online profile: Please list up to seven relevant key words describing your services for use in our searchable database: Your Name and Title Signature Date

7 To Apply for BBBOnLine and MIP: Print out, complete, sign and date BBBOnLine/MIP Agreement and also complete all requested information under BBBOnLine Participant Information, and sign and date this as well. Print out, complete, sign and date your choice of either Customer Commitment or Informal Dispute Settlement attachment to BBBOnLine/MIP Agreement. Return both documents to the BBB office nearest you, Attention Membership Department (addresses below), or fax all materials to (212) New York City: Long Island: Mid-Hudson: BBB Membership Department 257 Park Avenue South New York, NY Manhattan, the Bronx, Brooklyn, Queens, Staten Island BBB Membership Department 266 Main Street Farmingdale, NY Nassau and Suffolk Counties BBB Membership Department 30 Glenn Street White Plains, NY Westchester, Putnam, Orange, Rockland, Sullivan, and Ulster Counties