The Better Business Bureau®
Serving Metro Atlanta, Athens and Northeast Georgia
APPLICATION/AGREEMENT FOR BBB ACCREDITATION
________________________(ACCREDITED BUSINESS) applies for annual Accreditation or wants to advertise its Accreditation in the Better Business Bureau (BBB) Serving Metro Atlanta, Athens and Northeast Georgia, and accordingly agrees to abide by the terms and conditions set forth below. ACCREDITED BUSINESS understands that the rights of Accreditation, including the right to identify Accreditation, begin when ACCREDITED BUSINESS is notified this application has been signed by BBB.
1. Accreditation Standards
ACCREDITED BUSINESS agrees it has read and understands the BBB Standards of Accreditation and certifies that it meets these standards. ACCREDITED BUSINESS agrees to resolve its customers’ disputes in accordance with BBB Standards of Accreditation and the applicable dispute resolution rules required of ACCREDITED BUSINESSS in the Accreditation Identification Program. See rules for binding arbitration at http://www.dr.bbb.org/comsensealt/bindArb.asp or contact the BBB for a copy. [Note: BBBs may require binding arbitration only for ACCREDITED BUSINESSES.] If ACCREDITED BUSINESS uses an alternative provider to resolve disputes, the company understands that BBB must approve that provider and agrees to give BBB access to all information necessary to evaluate the provider and to monitor compliance or good faith compliance with decisions. The Standards of Accreditation and dispute resolution rules may be unilaterally amended by BBB from time to time.
2. Authorization to Use BBB Trademarks
a. Permission to Identify Accreditation. During the term of this agreement, the BBB grants ACCREDITED BUSINESS a nonexclusive, non-assignable and nontransferable license to use the BBB name and logos on Attachment 2 only as prescribed below. ACCREDITED BUSINESS understands that, if it is merged, acquired or consolidated with another company, it must inform the BBB, and the new company must re-qualify for BBB Accreditation. ACCREDITED BUSINESS 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 ACCREDITED BUSINESS. ACCREDITED BUSINESS must receive prior written permission to use another size. Nothing in this Agreement or in ACCREDITED BUSINESS' use of these marks will give ACCREDITED BUSINESS any right whatsoever in them or in ones similar beyond the right granted in this Agreement.
b. Accreditation Plaques and Decals. ACCREDITED BUSINESS may display the BBB Accreditation plaque and decal at its places of business and at trade shows in accordance with BBB policy. ACCREDITED BUSINESS may also display the BBB Accreditation decal on company-owned or -operated vehicles.
c. Advertising and Business Documents. ACCREDITED BUSINESS may, within the BBB’s geographic service area (as shown in Attachment 3), state “Accredited Business Better Business BBB” if ACCREDITED BUSINESS also identifies the BBB’s service area or display the offline logo depicted in Attachment 2 if ACCREDITED BUSINESS also identifies the BBB’s service area 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.
d. Online identification/BBBOnLine. (BBBOnline participants only)
i. ACCREDITED BUSINESS may also choose to display an online logo and identify its BBB Accreditation on the World Wide Web under the conditions set forth below. ACCREDITED BUSINESS must use the then in effect online logo to allow consumers to verify Accreditation and online participation. ACCREDITED BUSINESS may also, at ACCREDITED BUSINESS' option, state “Accredited Business Better Business BBB” if ACCREDITED BUSINESS also identifies the BBB’s service area.
ii. ACCREDITED BUSINESS may display the online logo and Accreditation statement anywhere on its World Wide Web site(s). In addition, ACCREDITED BUSINESS may display this logo and Accreditation statement on other World Wide Web sites where ACCREDITED BUSINESS advertises so long as ACCREDITED BUSINESS provides the BBB in writing the entire uniform resource locator(s) (URLs) where ACCREDITED BUSINESS will display the logo and Accreditation statement. If a URL changes, ACCREDITED BUSINESS must inform the BBB in writing of the change.
iii. The online logo will be electronically transferred to ACCREDITED BUSINESS for ACCREDITED BUSINESS installation. ACCREDITED BUSINESS understands that the logo will be hyperlinked to a BBBOnLine participation confirmation page and to pertinent information about ACCREDITED BUSINESS (authentication).
3. Suspension/Termination
a. By BBB. If BBB suspends ACCREDITED BUSINESS under the BBB’s Bylaws, or if online identification authorization is suspended, ACCREDITED BUSINESS agrees to cease immediately using the BBB name and logos in all transient media specified in Paragraph 2(c) and (d). The online logo's authentication will be disabled until ACCREDITED BUSINESS removes the online logo(s) from the World Wide Web. A suspended ACCREDITED BUSINESS may request review of the suspension under applicable procedures set forth in the BBB Bylaws. Unless the suspension is set aside following a review, suspension will become final and this Agreement will be terminated. BBB may terminate this Agreement at any time if the marks licensed herein are invalidated or cancelled, or if ACCREDITED BUSINESS violates the terms of this Agreement, or if ACCREDITED BUSINESS is terminated as an Accredited Business of BBB. If terminated, ACCREDITED BUSINESS agrees to cease immediately using the BBB name and logos in all media and to remove the Accreditation plaque and decals from all places where displayed.
b. By Accredited Business. ACCREDITED BUSINESS may terminate this Agreement on thirty (30) days written notice to the BBB.
c. Following termination, ACCREDITED BUSINESS agrees to immediately destroy any materials bearing the BBB trademarks and to remove the BBB Accreditation plaque and decals and all online identification. ACCREDITED BUSINESS will be obligated to comply with any dispute resolution obligations that arise under this Agreement prior to termination. If ACCREDITED BUSINESS continues to use the any BBB trademarks following termination, ACCREDITED BUSINESS will be obligated to resolve its customer disputes in accordance with Paragraph 1.
4. Fees
ACCREDITED BUSINESS agrees to pay fees as prescribed by the BBB’s Board. BBBOnLine identification, as defined in Paragraph 2(d), applies only upon payment of the BBBOnLine fee. All fees shall be deemed fully earned once paid and shall be non-refundable.
5. Indemnification
ACCREDITED BUSINESS agrees to indemnify and hold the BBB and BBBOnLine and their officers and directors harmless against any loss, damage or expense (whether direct, indirect or consequential), including reasonable attorney’s fees, arising out of any misuse of the BBB trademarks, or of any violation of the terms and conditions of this Agreement. ACCREDITED BUSINESS also agrees to indemnify and hold the BBB and BBBOnLine 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
ACCREDITED BUSINESS 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.
7. Relationship of Parties
a. ACCREDITED BUSINESS is not, and will not represent itself as an agent, representative, partner, subsidiary, joint venture, or employee of the BBB, nor can it represent that it has any authority to bind or obligate the BBB in any manner or in any thing. ACCREDITED BUSINESS shall not challenge the rights of BBB in and to its name, logo or marks, or take any action inconsistent with such rights.
b. Nothing in this Agreement or in ACCREDITED BUSINESS’ use of the BBB name or logos shall confer any endorsement or approval of its products or services. ACCREDITED BUSINESS’ use of these marks is intended only to convey Accreditation in the BBB and a commitment to abide by BBB Accreditation standards, including customer dispute resolution and ACCREDITED BUSINESS agrees to only use the BBB name or logos in such a manner.
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503 Oak Place, Suite 590, Atlanta, GA 30349 * 404-559-1555 * FAX 404-419-8764