TRUESOURCE WORK ORDER TERMS AND CONDITIONS
These terms and conditions (“Agreement”) by and between TrueSource, LLC, and its affiliates,
(collectively as “TRUESOURCE”) and the entity or person listed on the Work Order (“Affiliate”). By beginning performance of the Services within a Work Order, as defined below, Affiliate has acknowledged they have agreed to this Agreement.
Section 1. Engagement. TRUESOURCE hereby engages Affiliate, and Affiliate hereby accepts such
engagement, to perform certain services as TRUESOURCE has set forth on the work order request (each, a “Work Order”) for the performance of certain services, installation and/or maintenance work that is specified by a Work Order, issued by TRUESOURCE (the “Services”). This Agreement is hereby incorporated into a made a part of each Work Order.
Section 2. Term and Termination.
(a) Term. The initial term of this Agreement shall be the term of the Work Order. If no term is
stated in the Work Order, the term of this Agreement shall be so long as the parties have obligations to one another under the Work Order or this Agreement. TRUESOURCE may terminate the Work Order and this Agreement at any time by providing notice, whether oral, written, or through electronic communications to the Affiliate.
Section 3. Duties and Independent Contractor Status.
(a) Duties. Affiliate shall provide the Services during the term of this Agreement upon receipt of
a Work Order issued by TRUESOURCE. Affiliate shall have control over the means and manner of the performance of the Services; however, in providing the Services, Affiliate agrees that it will maintain adequate facilities, staffing, and communication technologies to meet the demands for the work they accept within their service area and shall expend such time and energy as Affiliate determines to be necessary in order to provide the Services (i) to the best of Affiliate’s ability; (ii) in a diligent, careful, thorough and professional manner; (iii) consistent with good business practices; (iv) in compliance with all laws, rules and regulations, federal, state and municipal, which are now or may become applicable to the Services, including without limitation, OSHA regulations; and Affiliate shall be responsible for all costs and penalties and shall defend, indemnify and hold harmless TRUESOURCE, its subsidiaries, affiliates, and their divisions and successors, agents, servants and employees against claims resulting from Affiliate’s failure to so comply; (v) in strict compliance with this Agreement and the specifications contained in the Work Order; and (vi) to the reasonable satisfaction of TRUESOURCE. Affiliate certifies that it possesses the required knowledge, skill, resources, and financial wherewithal to perform the Services in accordance with this Agreement and the Work Order. Affiliate shall have no authority to incur or alter any obligation of TRUESOURCE or bind TRUESOURCE to any contract, obligation, or commitment. If TRUESOURCE provides Affiliate with certain parts or products (“Parts”) Affiliate must use the Parts provided by TRUESOURCE. Upon Affiliate’s receipt of the Parts, Affiliate is liable for any damage, theft, or loss of the Parts. Affiliate will not have, or at any time acquire, any right, title, or interest in the Parts, except the right to possession and use as provided for in this Agreement or any applicable Work Order. As between TRUESOURCE and Affiliate, TRUESOURCE will be the sole owner of the Parts. If Affiliate cannot use the Parts provided by TRUESOURCE, Affiliate must contact TRUESOURCE with a detailed explanation and must receive approval from TRUESOURCE before proceeding with the Services using alternate parts or products. If the Parts are delivered to Affiliate damaged, or Affiliate otherwise does not utilize the Parts for a Work Order, Affiliate must contact TRUESOURCE for returned goods authorization.
(b) Independent Contractor Status. No provision in this Agreement shall be construed as giving any degree of control or direction on the part of TRUESOURCE that would create an employment relationship between TRUESOURCE and Affiliate. Affiliate shall at all times be an independent contractor and nothing in this Agreement shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture as between Affiliate and TRUESOURCE. In addition, all names, marks, logos and other designations of TRUESOURCE are and remain the sole property of TRUESOURCE and Affiliate shall not use TRUESOURCE names, marks, logos or other designations for any reason, without the express written consent of TRUESOURCE.
Section 4. Certification. Affiliate must require the employees who will perform work on behalf of TRUESOURCE to consent to background checks through a professional services firm of TRUESOURCE’S choosing as directed by TRUESOURCE and must submit a completed Customer Authorization Form to TRUESOURCE. Affiliate further certifies that it and its employees have had background checks performed and have not been convicted within the past seven (7) years of any misdemeanor or felony, including but not limited to, assault, battery, robbery, embezzlement, fraud, and distribution of narcotics or possession of same and conducts drug testing, and performs background checks of its employees. . If an Affiliate’s employee has a conviction or tests positive for a controlled substance, Affiliate must notify TRUESOURCE immediately and
if TRUESOURCE deems in its sole judgment to disqualify that Affiliate’s employee from working on TRUESOURCE’s behalf, Affiliate will not permit that employee to work on any TRUESOURCE job. Affiliate also certifies compliance with all federal, state, and local employment laws and regulations, including, but not limited to, the Immigration Reform and Control Act (“IRCA”). Affiliate specifically certifies that each of its employees have completed an I-9 form as required by IRCA and that the completed forms will be maintained by Affiliate in accordance with the provisions of IRCA. Affiliate further certifies that neither it nor its employees are a person or entity with whom U.S. entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute, executive order or other governmental action and shall not allow any such person or entity to perform any Services.
Section 5. Compensation. In consideration of the Affiliate’s full and faithful performance of this Agreement and completion of the Services, TRUESOURCE shall pay to Affiliate the amount properly invoiced by the Affiliate, up to the agreed-upon not to-exceed amount set forth in a Work Order or amount indicated on the NTE Authorized Purchase Order (aka Payout sheet), within sixty (60) days of the date of receipt of a properly verified invoice and any required documentation. In consideration of the services awarded, TRUESOURCE reserves the right to charge a service fee to be applied to each approved order. It is expected that Affiliate will submit an acceptable invoice and supporting documentation to TrueSource within 2 business days from completion of the Services. In the event Affiliate fails to submit an acceptable invoice and supporting documentation to TRUESOURCE within thirty (30) days of completing the Services, TRUESOURCE shall not have any duty to pay any amounts owed for such Services. Affiliate shall not receive or request any payment directly from any TRUESOURCE Customers, as defined herein. Affiliate shall be responsible for the payment of any and all federal, state and local taxes. Affiliate shall, as often as requested, furnish such information, evidence and substantiation as TRUESOURCE may require with respect to the performance and completion of the Work Order. TRUESOURCE reserves the right to withhold and retain from any and all amounts payable to Affiliate hereunder, without limiting its other rights and remedies, an amount sufficient: (a) to defend, satisfy and discharge any asserted claim that Affiliate has failed to make payment for labor, work, materials, equipment, taxes or other items, (b) that Affiliate has caused damage to the property of any Customer; (c) to reimburse TRUESOURCE for any costs incurred as a result of any act or omission by Affiliate; and/or (d) to protect TRUESOURCE from the possible consequences of any other breach or default by Affiliate hereunder. Further, Affiliate may be subject to other withholding, retentions and financial penalties related to Affiliate’s poor performance or non performance, which poor or non-performance shall be communicated by TRUESOURCE to Affiliate from time to time as necessary. Affiliate shall neither attach nor permit the attachment of any liens upon the property of any Customer as a result of Affiliate’s performance of the Services. If payment is not made, Affiliate’s sole remedy shall be limited to commencing a Dispute as set forth in section 12 of this Agreement.
Section 6. Confidential Information. All information, materials or documents in any way regarding or relating to TRUESOURCE or its respective businesses including, without limitation, information of a technical, design, business, financial or commercial nature, whether oral, written, electronic or in any other form (collectively, the “Confidential Information”) shall: (a) be and at all times remain the sole and exclusive property of TRUESOURCE; (b) not be used by Affiliate for any reason or purpose except in direct connection with Affiliate’s performance of its duties and obligations under this Agreement; and (c) not, without the express prior written consent and approval of TRUESOURCE in each instance, be disclosed by Affiliate in whole or in part to any person or entity. Affiliate acknowledges that money damages would be an inadequate remedy for the injuries and damage that would be suffered by TRUESOURCE in the case of Affiliate’s breach of this Section 6. Therefore, TRUESOURCE, in addition to any other remedies it may have at law or in equity, shall be entitled to injunctive relief to enforce the provisions of this Section 6, without the necessity of proving damages or posting bond. Any Confidential Information in the possession of or under the control of Affiliate, including any copies or summaries thereof, shall be promptly returned to TRUESOURCE upon request. AFFILIATE SHALL INDEMNIFY AND HOLD HARMLESS TRUESOURCE AS WELL AS ITS OWNERS, MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND INDEPENDENT CONTRACTORS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES WHATSOEVER (INCLUDING LITIGATION EXPENSES AND REASONABLE ATTORNEYS’ FEES IN CONNECTION WITH THE DEFENSE, COMPROMISE, AND/OR PAYMENT OF ANY OF THE FOREGOING) ARISING OUT OF OR RESULTING FROM ANY BREACH OF THIS SECTION 6 BY AFFILIATE OR ITS OWNERS, MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR INDEPENDENT CONTRACTORS. Affiliate’s duties and obligations under this Section 6 shall survive the expiration or termination of this Agreement. Affiliate’s liability for any breach of this Section 6 shall not be subject to any limitation of liability provision contained elsewhere in this Agreement.
Section 7. Representations and Warranties. Affiliate warrants and guarantees to TRUESOURCE that the workmanship, all materials and equipment furnished by Affiliate, and all other aspects of the Services shall be provided in conformance with this Agreement, be of the finest quality and be free from faults and defects. Without limiting the foregoing or any other liability or obligation with respect to the Services, Affiliate shall, at its expense and by reason of its express warranty, make good any faulty, defective or improper parts of the Services, as performed by the Affiliate. Without limiting the foregoing, if TRUESOURCE determines, or a Customer makes a claim, that there is a fault or defect in Affiliate’s work, Affiliate shall use its best efforts to remedy such fault or defect promptly at Affiliate’s sole cost and expense. If Affiliate fails to do so, TRUESOURCE shall have the right to either (a) receive a refund from Affiliate for the full amount paid to Affiliate for such Services (b) withhold from any future payments due to Affiliate, or (c) have the Services performed by another provider and charge Affiliate the costs to do so. The foregoing remedies shall be in addition to any and all other remedies available to TRUESOURCE at law or in equity.
Section 8. Notices. All notices and other communications shall be in writing and will be deemed sufficient: (a) upon receipt, if delivered personally or if mailed by registered or certified mail return receipt requested and postage prepaid; (b) at noon on the date after dispatch, if sent by a nationally recognized overnight courier; or (c) upon the completion of a facsimile transmission (which is confirmed by telephone or by a statement generated by the transmitting machine). In any case, such notice shall be delivered to the parties at the addresses or facsimile numbers as specified below (or at such other address or facsimile number for a party as will be specified by like notice):
If to TRUESOURCE:
2929 Expressway Drive N, Suite 300B
Islandia, NY 11749
With copy to:
OnPoint Group, LLC
Attn: General Counsel
3235 Levis Commons Blvd.
Perrysburg, OH 43551
Fax No. (567) 336-9763
If to Affiliate:
The address or email listed on the Work Order
Section 9. Non-Solicitation of Customers and Employees.
(a) Non-Solicitation of Customers. While Affiliate is an independent contractor of TRUESOURCE and for two (2) years thereafter, Affiliate shall not, directly or indirectly, solicit, be hired or retained by, consult with, or otherwise contract with any Customers (as hereinafter defined) of TRUESOURCE, either for Affiliate itself or on behalf of any other entity which shares common ownership with Affiliate. For the purposes of this Section 9(a), the term “Customers” means any and all clients or customers of TRUESOURCE as of the date Affiliate ceases to be an independent contractor of TRUESOURCE and during the two (2) year period immediately preceding the date Affiliate ceases to be an independent contractor of TRUESOURCE.
(b) Non-Solicitation of Employees. While Affiliate is an independent contractor of TRUESOURCE and for two (2) years thereafter, Affiliate shall not, without TRUESOURCE’s prior written approval in each instance, solicit or engage as an independent contractor, or solicit or offer employment to, any of TRUESOURCE’s present or future employees either for Affiliate itself or on behalf of any other person or entity.
(c) Injunction/Damages. The existence of any claim or cause of action by TRUESOURCE against Affiliate, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by TRUESOURCE of the covenants contained in this Section 9. The Parties agree that the covenants contained herein may be enforced in law or in equity, including, but not limited to, injunctive relief. Accordingly, Affiliate agrees that in the event of the breach of any of the covenants contained herein, TRUESOURCE will not have an adequate remedy at law other than an injunction and that damages may be difficult to ascertain as the result of such breach. Affiliate agrees that if an injunction is sought by TRUESOURCE, TRUESOURCE need not show proof of actual damage and Affiliate waives any requirement that TRUESOURCE post bond pursuant to such legal action. Nothing contained herein shall prevent TRUESOURCE from bringing an action at law and recovering actual damages, as all remedies are cumulative.
(d) Reasonableness and Necessity of Covenants. Affiliate specifically acknowledges and agrees that (i) the foregoing restrictions are reasonable and necessary to protect the legitimate interests of TRUESOURCE; and (ii) any violation of such restrictions will result in irreparable injury to TRUESOURCE. In the event any of the restrictions contained in this Section 9 should ever be deemed to exceed any limitations permitted by applicable laws, rules, or regulations because of its duration or scope, the parties agree that the court making such determination shall reduce the duration and/or limit the scope of such restriction to the longest duration or greatest scope which is legally permitted, and, in said reduced or limited form, such restriction shall then be enforced.
Section 10. Indemnification & Hold Harmless. Affiliate agrees to defend, protect and indemnify TRUESOURCE, its parent, shareholders, owners, subsidiaries, affiliates, and all their divisions and successors, officers, directors, agents, servants and/or employees, and their customers, suppliers, and their affiliates, officers, directors, agents, employees, owners, lessors, and lessees and save them harmless from and against any and all claims, actions, proceedings, damages, liens, encumbrances, liabilities and expenses (including attorney’s fees and costs of litigation) in connection with loss of life, bodily injury, personal injury and/or damages to property (1) resulting from the Affiliate’s actions, omissions, activities, in performing any Services; (2) the use or occupancy of said premises, including any acts or omissions of Affiliate’s, agents, contractors, servants, licensees, employees or concessionaires; and (4) the breach of any provision of this Agreement or the Work Order. This indemnification shall be total and complete and shall include any and all reasonable costs and expenses incurred by TRUESOURCE, its subsidiaries, affiliates, any of their divisions, successors, officers, directors, agents, servants and/or employees, and/or their customers, suppliers, and their affiliates, agents, employees, owners, lessors, and lessees, as their interest may appear, in relations to any such claims, actions, proceedings, damages or liabilities.
Section 11. Insurance. Affiliate shall, at its expense, carry and maintain at all times during the performance of the Services, Commercial General Liability, Automobile, Workers Compensation and Umbrella insurance coverages and limits as outlined in the sample certificate, attached hereto as Addendum A and incorporated herein, unless TrueSource specifically authorizes Affiliate to have lesser coverages and limits. Such insurance will be in a form and with insurers rated at least “A VII” by A.M. Best or at least “BBB” by S&P, issued by an insurance company or companies authorized to do business in the United States and will comply with the following minimum requirements. The Commercial General Liability, Automobile, and Umbrella policy shall provide that: (1) TrueSource, LLC, its subsidiaries, affiliates, and all their divisions and successors, and their customers, shall be included as additional insured, which shall specifically provide for completed operations coverage as evidenced by proper endorsements, (2) not less than thirty (30) days prior, written notice shall be given to TRUESOURCE in the event of any alteration to the terms of such policy or of the cancellation or non-renewal of such policy, (3) such insurance coverage will be primary and noncontributory, (4) subrogation is waived against TRUESOURCE, its subsidiaries, affiliates, and all their divisions and successors, and their customers, and (5) contractual liability coverage covering this Agreement is included. Failure to provide an acceptable and current certificate of insurance and additional insured endorsement in compliance with directions as might be provided by TRUESOURCE, will be cause for TRUESOURCE to retain any and all amounts owed to Affiliate until an acceptable and current certificate of insurance and applicable additional insured endorsements are received by TRUESOURCE. The amount of such required insurance coverage under this Section shall not limit Affiliate’s obligations under this Agreement. Affiliate represents that this Agreement is covered by the contractual liability coverage provision of the Affiliate’s liability policy. Affiliate shall be responsible for obtaining legally required workers’ compensation insurance for itself and for any and all employees, agents and/or independent contractors that Affiliate may employ or engage in performing Services under this Agreement. Proof of such workers’ compensation coverage will be provided to TRUESOURCE upon demand.
Section 12. Miscellaneous.
(a) Governing Law. This Agreement and the respective rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of New York, without regard to such conflict of law provisions.
(b) No Assignment or Delegation. Affiliate is not authorized to assign, delegate or subcontract Services requested by TRUESOURCE to other parties. Affiliate may not use independent contractors and must use only Affiliate employees to perform the Services, unless specifically pre-approved in writing by TRUESOURCE.
(c) Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to comply with the law and enforced accordingly, and all remaining provisions of this Agreement shall remain in full force and effect and will be binding upon the parties hereto.
(d) Arbitration and Mediation. Any controversy, claim or dispute during the course and scope of this Agreement, or arising out of, or relating to, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate (“Dispute”), shall be determined by arbitration in New York, New York, before a sole arbitrator, in accordance with the laws of the State of New York. “Disputes” shall include, without limitation, those involving claims, damages, liabilities, fees, costs, billings, claims of professional negligence, negligence and claims for indemnity. The arbitration shall be administered by JAMS/ENDISPUTE (“JAMS”) or an arbitrator mutually agreed upon by the parties (“the Arbitrator”). The Arbitrator shall, in the award, allocate all of the costs of the arbitration (and the mediation, if applicable), including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party who did not prevail. Judgment on the award may be entered in any court having jurisdiction. Prior to Arbitration under this provision, mediation shall be conducted prior to the arbitration pursuant to the Mediation Rules of JAMS. Said request for Mediation shall be made in writing and delivered to the other party. If Mediation does not occur within forty-five (45) days of delivery of such written request, all parties are relieved of their obligation to conduct mediation before arbitration. Failure of a party to engage in Mediation prior to Arbitration shall result in the loss of that party’s right to collect attorneys’ fees and costs, even if that party is deemed to be the prevailing party.
(e) Affiliate Qualification Program. Affiliate is required to participate in TRUESOURCE’S Affiliate qualification program. Participation in the program will require Affiliate to submit information related to Affiliate’s company at TrueSource’s request, including but not limited to, Affiliate financials, number of employees, number of vehicles, office locations, and licenses. If Affiliate fails to timely provide information requested by TRUESOURCE, TRUESOURCE reserves the right to terminate the Agreement with Affiliate.
(f) Supplier Code of Conduct. Affiliate agrees to abide by TRUESOURCE’s Supplier Code of Conduct, which is attached to this Agreement as Addendum B Affiliate should contact TRUESOURCE’s Affiliate Management Office at Affiliates@TrueSource.com to discuss any ethical or conduct concerns that they may have as a result of their contact with TRUSEOURCE personnel.
(g) Entire Agreement and Amendments. Together, this Agreement, the Work Order, and each addendum embodies the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. This Agreement may only be modified by TRUESOURCE by posting of a new version of this Agreement on the TRUESOURCE website at any time without prior notice to Affiliate. If the parties have executed a master services agreement, the master services agreement will supersede these terms and conditions to the extent there is any conflict.
(h) Waiver. Neither party will be deemed to have waived any right, power or privilege under this Agreement unless such waiver is in writing and signed by the waiving party. The failure of either party hereto to enforce any provision of this will not be construed as a waiver of any other provision.
TRUESOURCE, LLC CODE OF CONDUCT
TrueSource, LLC and its subsidiaries (“TRUESOURCE”) seek to conduct business in a safe, lawful, ethical, and moral manner in all countries in which we have the privilege to work. To achieve this purpose, we expect our Affiliates to subscribe to certain safe, moral and ethical principles in conducting business. While TRUESOURCE, recognizes that there are different legal and cultural environments throughout the world, this Code of Conduct (“Code”) sets forth the basic requirements all Affiliates must meet in order to do business with TRUESOURCE.
As a condition of doing business with TRUESOURCE, each and every Affiliate must comply with this Code . Failure to comply with this Code may be sufficient cause for TRUESOURCE to exercise its right to revoke an
Affiliate’s “approved” status. TRUESOURCE reserves the right, as a condition of Affiliate approval, to conduct
unannounced, periodic audit inspections of Affiliates, their facilities, and business practices to verify
compliance with this Code.
If TRUESOURCE determines that Affiliate has violated this Code, TRUESOURCE may either terminate its business relationship or require Affiliate to implement a corrective action plan. If corrective action is advised but not taken, TRUESOURCE may suspend placement of future orders and may terminate current services.
Endorsement of this Code authorizes TRUESOURCE to send a company representative or agent to Affiliate’s premises to perform assessments as necessary to ensure that Affiliate is in compliance with our safety, conduct, quality, and security standards. Affiliate agrees to cooperate fully and to provide our representative or agent with any and all information requested, which is necessary to demonstrate compliance with this Code.
1. General ethical standards – TRUESOURCE respects the legal, ethical, and moral standards and beliefs of all people
and cultures with which we do business. We in turn expect our Affiliates to respect our rules and procedures.
Affiliates that produce goods for TRUESOURCE will operate in full compliance with the laws of their respective
countries and with all other applicable laws, rules and regulations. We also expect that international laws related
to the conduct of business between nations will be followed at all times.
2. Customs Compliance – Affiliates importing products from countries outside the United States must comply with applicable US customs law and, and in particular, will establish and maintain programs to comply with customs laws regarding illegal transshipment of products. TRUESOURCE is a participant in the U.S. Customs Trade Partnership Against Terrorism Program (C-TPAT). Affiliates will, at all times, do whatever is necessary to maintain a high level of product shipment security, which includes ensuring the integrity of their security practices and communicating the U.S. Customs and Border Protection security guidelines to their business partners within the supply chain. Routine audits of plant security procedures must be put into place. Any deficiencies found during the audit process should be addressed immediately.
3. Health & Safety – TRUESOURCE strives to have a safe and healthy working environment in all the facilities that TRUESOURCE owns and operates. TRUESOURCE requires that any Affiliate who we utilize for services will provide a safe / healthy environment for their employees in the workplace. Affiliates shall comply with all federal, state / provincial and local safety laws, rules and regulations. Affiliates further agree to notify local community authorities in case of any environmental emergency. If Affiliate creates any hazard, they shall eliminate the hazard before any further work may proceed. Affiliate will practice good housekeeping and not block aisles or fire exits. Affiliate must cordon off work areas that require work to be performed above any person. TRUESOURCE prohibits the use or possession of guns, drugs, or alcohol on client sites. Job specific personal protective equipment must be used (e.g., face shields, goggles, gloves, safety shoes, helmets, etc.). Affiliate shall report all workplace accidents, injuries or illness, regardless of severity to TRUESOURCE.
4. Wages and hours – Affiliates will set working hours, wages and overtime pay in compliance with all applicable laws and regulations. Workers shall be paid at least the legal minimum wage. While we understand that overtime is occasionally necessary, contractors and suppliers must allow workers a reasonable amount of time off from their duties to ensure humane and productive working conditions.
5. Child labor – The use of child labor is strictly prohibited. Affiliates shall employ only workers who meet the minimum legal age requirement applicable to that area. If, however, the laws of that country do not provide such a definition, or if the definition includes individuals below the age of 16, TRUESOURCE defines “child” for purposes of determining use of illegal child labor as anyone who is less than 16 years of age, or is younger than the compulsory age to be in school in the country in which the business is being conducted, if that age is higher than 16.
6. Discrimination & Harassment – Affiliates will not discriminate or harass on the basis of any personal status or human rights protected by any law or statute.
7. Working Conditions- Affiliates must treat all workers with respect and dignity and provide them with a safe and healthy environment. Affiliates shall comply with all applicable laws and regulations regarding working conditions. Affiliates shall not use corporal punishment or any other form of physical or psychological coercion.
8. Stop Work Policy – Whenever an imminent danger is present to any person, Affiliate has the right to stop work so that all hazards are abated, or until safe work practices are established. Affiliate is required to report all “stop work” actions immediately to TRUESOURCE for investigation. During the investigation, the Affiliate refusing to work will not return to the work activity without authorization. If the “stop work” action is used for legitimate safety reasons, the individual initiating the action is protected from discipline, retribution or discrimination by TRUESOURCE. For the purposes of this policy, an imminent danger includes, but is not limited to:
(i) Any situation for which the individual is not properly trained or experienced;
(ii) Any situation for which the individual is not equipped (i.e., safety or personal protective equipment);
(iii) Any hazard that is not typical to the individual’s work activities or job;
(iv) Any worker unfit for work due to the influence of alcohol or illegal or mind-altering substances; and
(v) Any danger that would normally stop work in the affected area.
It is the responsibility of the Affiliate to notify i t s employees of the terms of this Code.
If you have any questions concerning compliance with the applicable laws of your country, we suggest that you consult with your local attorney.
As stated at the outset, each and every Affiliate must comply with this Code as a condition of doing business with TRUESOURCE. Failure to comply with this policy may be sufficient cause for TRUESOURCE to exercise its right to revoke Affiliate’s “approved” status.. TRUESOURCE, LLC reserves the right, as a condition of Affiliate approval, to conduct periodic, unannounced audit inspections of Affiliate and its facilities, and business practices to verify compliance with this Code.