TERMS OF SERVICE
PARTNER PORTAL
Version 2.0

These Partner Portal Terms of Service (“Partner Portal Terms of Service”) apply only to the Partner Portal currently located at partner.fairtradecertified.org (the “Partner Portal”) and operated by Transfair USA dba Fair Trade USA (“FTUSA”) and are incorporated by reference into the Terms of Use located here. To the extent that the Partner Portal Terms of Service conflicts with the Terms of Use, or adds any additional terms to the Terms of Use, the Partner Portal Terms of Service shall govern as applied to your use of, access to, and submissions of Content to the Partner Portal.

By using the Partner Portal, you are agreeing to all terms, conditions, and notices contained or referenced in the Partner Portal Terms of Service. You also acknowledge that you accept the Terms of Use located here (as such Terms of Use may be updated or revised from time to time in FTUSA’s sole discretion, the “Terms of Use”) and FTUSA’s Privacy Policy (as may be updated or revised from time to time in FTUSA’s sole discretion) located here. Any content, data or information submitted by you on or through the Partner Portal is User Generated Content (as defined in the Terms of Use) and User Generated Content submitted through the Partner Portal (“Partner Data”) is subject to the Partner Portal Terms of Service as well as the Terms of Use.

By using the Partner Portal, you also signify that you accept the Privacy Policy located here (as such Privacy Policy may be updated or revised from time to time in FTUSA’s sole discretion, the “Privacy Policy”), to the extent such Privacy Policy does not conflict with Partner Portal Terms of Service.

If you do not agree to the Partner Portal Terms of Service, please do not use the Partner Portal. FTUSA reserves the right, in its discretion, to update or revise the Partner Portal Terms of Service at any time and will use reasonable efforts to post a notice on the Partner Portal site of such change. However, it is your responsibility to check periodically for changes. Your continued use of the Partner Portal following the posting of any changes to the Partner Portal Terms of Service constitutes acceptance of those changes.

REPRESENTATIONS CONCERNING PARTNER DATA

By submitting any Partner Data on or through the Partner Portal, you represent and warrant that (i) you own or otherwise have the right to submit such Partner Data, (ii) such Partner Data is accurate and complete and not misleading, and (iii) such Partner Data fully complies with the Partner Portal Terms of Service and applicable laws and will not cause injury to any person or entity.

PROHIBITED USES

You are prohibited from using the Partner Portal to:

• upload, post, transmit or otherwise make available:
  • any Partner Data that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another's privacy;
  • any Partner Data that constitutes or promotes any illegal activity, including, without limitation, any Partner Data constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
  • any Partner Data that is false, misleading, or fraudulent;
  • any Partner Data that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • any Partner Data that violates or infringes upon the rights of others, including Partner Data which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
  • any Partner Data that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
  • any request for or solicitation of any personal or private information from any individual;
  • any request for or solicitation of money, goods, or services for private gain;
  • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
• violate any local, state, national or international law, rule or regulation.

FTUSA’S RIGHTS TO PARTNER DATA

By using the Partner Portal, you are granting FTUSA and its subsidiaries, affiliates, successors and assigns a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free license to use, and to allow others to use, (i) any Partner Data submitted by you to provide Services (as defined below) to you and (ii) any Partner Data submitted by you in aggregate or otherwise de-identified form for statistical analysis, benchmarking, compliance and other similar purposes.

“Services” shall consist of the following:

• We will use your product composition to calculate the percentage of Fair Trade Certified components to ensure compliance with our standards.
• We will use your transaction report data to audit supply chains to ensure compliance with our standards.
• We will use your transaction report data to analyze the impact of the Fair Trade premium.
• We will use your product name and associated marketing assets to provide a searchable interface for Fair Trade Certified products. You may opt out of being included in the searchable interface by contacting your account manager.

CONFIDENTIALITY

Except as otherwise agreed to by FTUSA in a separate writing, FTUSA agrees to use reasonable efforts to maintain the confidentiality of any Partner Data submitted by you as follows:

• We WILL NOT share the specific composition or formulation of your products. We will share the total % of Fair Trade Certified components in your products. In the event that there is only one Fair Trade Certified component in your product, people will be able to ascertain what percentage of your product is made up of that particular component, but they would not see any information about any other components in your products.
• We WILL NOT share your purchase or sales data (including suppliers or buyers) without your explicit permission.
• If you opt out of being included in our searchable database that allows searching by product category, we WILL NOT display your name to supply chain partners or consumers on such database.

Notwithstanding our commitment to maintain the confidentiality of your Partner Data, we may disclose the Partner Data, including identification of the source of the Partner Data, if we deem, in our sole and absolute discretion, that such disclosure is necessary to comply with any law, regulation, guideline, or legal action, or to protect the health, safety or welfare of any person.

Last Updated: August 2023