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* Buyers
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SCALABLE, INSTANT-ON, BEST-VALUE SUPPLIER MANAGEMENT PLATFORM
SUPPLIERGATEWAY IS A CLOUD-BASED SAAS PROVIDER OF INNOVATIVE, INSTANTLY
DEPLOYABLE, LOW-PRICED DIGITAL TOOLS AND SOLUTIONS THAT MAKE IT EASIER FOR
BUYERS AND SUPPLIERS TO DO BUSINESS.
SUPPLIERGATEWAY’S PRODUCTS ARE USED BY SMALL, MEDIUM, AND LARGE COMPANIES
INCLUDING LEADING GLOBAL BRANDS TO IMPROVE THE EFFICIENCY, PRODUCTIVITY AND
RICHNESS OF THE BUYER-SUPPLIER ENGAGEMENT.
BUYERS
TAKE ADVANTAGE OF OUR SUITE OF WEB AND MOBILE SUPPLIER MANAGEMENT, PROCUREMENT,
AND CORPORATE RESPONSIBILITY SOLUTIONS.
Learn More
SUPPLIERS
DISCOVER NEW SALES OPPORTUNITIES, TRACK CUSTOMER INVOICES, AND MANAGE CRITICAL
BUSINESS INFORMATION. REGISTRATION IS FREE AND FAST.
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TRUSTED BY SOME OF THE MOST RECOGNIZED BRANDS IN THE WORLD
WELCOME TO OUR NEW CLIENTS
With over 20 years of experience, SupplierGATEWAY continues to feel honored that
so many organizations have trusted and chosen our one-stop, instant-on platform
to streamline their supplier enablement, compliance, procurement and corporate
social responsibility practices.
LOS ANGELES CLIPPERS
The L.A. Clippers is an American professional basketball team based in Los
Angeles. The Clippers are committed to the city of Los Angeles and through the
L.A. Clippers Foundation, provide resources and opportunities that make a
positive difference toward leveling the playing field for youth in Southern
California.
MADISON SQUARE GARDEN ENTERTAINMENT CORP.
Madison Square Garden Entertainment Corp. is a world leader in live experiences
with a portfolio of iconic venues that includes: New York’s Madison Square
Garden, Hulu Theater at Madison Square Garden, Radio City Music Hall and Beacon
Theatre; and The Chicago Theatre. With flexible seating capacities and
configurations from 2,800 to 21,000, their diverse collection of venues enables
them to showcase a variety of acts and events.
ARGO AI
Argo AI is a self-driving technology platform company. They build the software,
hardware, maps, and cloud-support infrastructure that power self-driving
vehicles. Their purpose is to make getting around cities safe, easy, and
enjoyable for all.
CITY FURNITURE
City Furniture is a Florida-based retailer on a mission to change the way people
live with beautiful home furnishings at an incredible value. Their roots date
back to the 1970s when they opened as Waterbed City, and over the years they’ve
evolved into a leading furniture and home accents destination.
RTI INTERNATIONAL
RTI International is an independent, nonprofit research institute dedicated to
improving the human condition. Our vision is to address the world’s most
critical problems with science-based solutions in pursuit of a better future.
Clients rely on us to answer questions that demand an objective and
multidisciplinary approach—one that integrates expertise across the social and
laboratory sciences, engineering, and international development.
BENEFIT COSMETICS LLC
Benefit Cosmetics LLC is the San Francisco-based makeup brand that believes
laughter is the best cosmetic. Benefit is the No. 1 Brow Brand Worldwide and is
synonymous with fun, instant beauty solutions. With more than 3,000 BrowBars
with over 6,000 aestheticians worldwide, Benefit has become the brow destination
for both product and service.
GATEGROUP
gategroup is the leading global airline catering, retail onboard and equipment
solutions provider with the largest global network in the aviation industry.
They serve more than 300 customers and more than 500 million passengers every
year, from our 200 units across 60 countries.
BROADRIDGE
Broadridge is a global Fintech leader with over $4.5 billion in revenues
providing the critical infrastructure that powers investing, corporate
governance and communications to enable better financial lives.
ELKAY
Elkay is an American-owned and operated company with 100 years of experience.
Today, Elkay Plumbing Products delivers world-class innovations for sinks,
faucets, foodservice products, water coolers, drinking fountains and
award-winning rapid bottle filling stations.
AHOLD DELHAIZE
Ahold Delhaize is one of the world’s largest food retail groups, a leader in
supermarkets and e-commerce and a company at the forefront of sustainable
retailing. They serve more than 54 million shoppers each week in the United
States, Europe and Indonesia.
W.L. GORE & ASSOCIATES, INC
W. L. Gore & Associates, Inc is a global materials science company dedicated to
transforming industries and improving lives. Since 1958, Gore has solved complex
technical challenges in demanding environments – from outer space to the world’s
highest peaks to the inner workings of the human body.
MOTION INDUSTRIES
Motion Industries is a leading industrial parts distributor of bearings,
mechanical power transmission, electrical and industrial automation, hydraulic
and industrial hoses, hydraulic and pneumatic components, industrial products,
safety products, and material handling.
AVALONBAY COMMUNITIES, INC.
AvalonBay Communities, Inc., an equity REIT, has a long-term track record of
developing, redeveloping, acquiring and managing distinctive apartment homes in
some of the best U.S. markets, and delivering outsized, risk-adjusted returns to
shareholders. With equal parts experience and vision, they’ve established a
leadership position rooted in building value for the long term.
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INTRODUCING
ENHANCED DIGITAL CERTIFICATION™
SUPPLIERGATEWAY INTRODUCES ENHANCED DIGITAL CERTIFICATION™ (EDC) TO EMPOWER
DIVERSE-OWNED BUSINESSES TO GET CERTIFIED QUICKLY. EDC CERTIFICATION TAKES AS
LITTLE AS 15 MINUTES AT THE LOW PRICE OF $25.
EDC for BuyersEDC for Suppliers
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global brands
1m+
suppliers on our growing supplier management platform
MAKING IT EASIER TO DO BUSINESS®
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Santa Ana, CA 92705
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* Buyers
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Enhanced Digital Certification Terms and Conditions
SupplierGATEWAY LLC (SupplierGATEWAY) provides voluntary certification to
businesses qualifying for its diversity programs (collectively, ” Enhanced
Digital Certification” or “EDC”), according to the qualifications adopted by
SupplierGATEWAY and set forth in these Terms and Conditions (“Agreement” or
“Contract”).
As an applicant for Enhanced Digital Certification (“EDC”), you, the applicant,
on behalf of yourself as well as your company, heirs, agents, successors, and
assigns, (“participant(s)”) acknowledge that you have read, understand, and
agree to be bound by all terms and conditions set forth in this Agreement and
included by reference.
By submitting an application for EDC to SupplierGATEWAY, you authorize the
disclosure of the required documentation listed herein and agree to abide by all
terms and conditions of this Agreement, as well as any agreements that
SupplierGATEWAY is currently bound by or will be bound by in the future. You
acknowledge that this Agreement is legally binding under the laws of the United
States of America and upon submission you have entered into a legally
enforceable Contract (“click through contract”) with SupplierGATEWAY, as though
a physical signature was provided. If you do not agree to the terms and
conditions of this Agreement, you are expressly prohibited from applying for or
accepting EDC through SupplierGATEWAY.
SupplierGATEWAY may, from time to time, within our sole and absolute discretion,
modify, limit, change, discontinue, or replace this Agreement or any portion
thereof. It is your responsibility to review this agreement WHERE PUBLISHED
ON www.suppliergateway.com/edc on a regular basis to keep yourself informed of
any modifications. In the event we modify, limit, change, or replace all or any
portion of this Agreement, NOTIFICATION is DEEMED made immediately upon
publication of THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT ON THE
SupplierGATEWAY website (www.suppliergateway.com/edc), and your continued use
and/or promotion of your voluntary participation in SupplierGATEWAY’s® EDC
program(s) thereafter, constitute(s) your manifestation of assent to the
modification, limitation, change, or replacement. This Agreement is effective as
of the date your application is submitted to SupplierGATEWAY or your payment is
processed.
The term of this Contract is one (1) year (365 days) from the date of the
electronic submission of this Agreement (Contract) or the date that the annual
certification fees are successfully processed.
1. REPRESENTATIONS AND WARRANTIES.
Electronically submitting this Agreement constitutes your willingness to enter
into this Contract, and representation and warranty by You that You are at least
eighteen (18) years of age; have the right, power, legal capacity and
appropriate authority to contract on behalf of the company; and are an
authorized agent of the company and the owner(s) listed on company documents.
SupplierGATEWAY has not, is not, and will not make any guarantees, promises, or
warranties that your company will gain financial benefit or obtain participatory
access in any diversity or procurement program as a result of your voluntary
participation in the SupplierGATEWAY EDC program(s).
SupplierGATEWAY is not owned or affiliated with, and does not sponsor or endorse
any particular company applying for voluntary participation in the
SupplierGATEWAY EDC programs. Certification of a business by SupplierGATEWAY is
based exclusively on the company’s qualifications for Certification and its
conduct, as outlined in this application. SupplierGATEWAY makes no
representations regarding the quality, safety, morality, or legality of any
aspect of the applicant company’s business, products, or services.
2. APPLICATION AND APPROPRIATE USES.
The electronic submission of this Agreement is Your application to voluntarily
participate in one or more of SupplierGATEWAY’s® EDC programs. SupplierGATEWAY
does not guarantee or promise approval of your EDC application(s) and may deny
admission to applicants who fail to meet the certification requirements,
complete the application process, or fulfill the responsibilities as outlined by
this Agreement. You acknowledge that you submit this application at your own
risk and that, in the event that you are not admitted to the EDC program, you
remain legally bound by the terms and conditions of this Agreement with
SupplierGATEWAY.
(A) REQUIREMENTS
Application to the SupplierGATEWAY EDC program requires the following:
(1) Electronic signature and submission of this online application, binding you
to the terms of this Agreement;
(2) Provision of the required documentation outlined in Section 3. “REQUIRED
SUPPORTING DOCUMENTATION” of this Agreement;
(3) Satisfactory evaluation and processing by SupplierGATEWAY of this
electronically submitted Application, required supporting documentation, and fee
payment when applicable;
(4) Biometric Identification of the authorized person submitting this
Application;
(5) A valid Employer Identification Number (EIN) or Tax Identification Number
(TIN)
All information provided throughout the application process must be consistent.
Failure to provide consistent information throughout the application process
will result in the denial of your application.
(B) ACCURATE INFORMATION
You agree to maintain accurate information by providing notice to
SupplierGATEWAY of any material change in Your Company’s structure within five
(5) business days. Notification must be sent via email
to edc@suppliergateway.com. Material changes are defined as:
(1) a change in the cumulative or individual ownership percentage(s) relied upon
to achieve the 51% ownership interest majority required for voluntary
participation in the SupplierGATEWAY EDC program(s);
(2) obtaining a “NOT IN GOOD STANDING” status from the Applicable Secretary of
State, for companies registered with the Secretary of State;
If, for whatever reason, You fail to notify SupplierGATEWAY within five (5)
business days of any material change, as defined above, such failure will
constitute a material breach of this Contract and SupplierGATEWAY, upon learning
of the material change, will suspend your EDC participation.
You agree that SupplierGATEWAY may use and rely on any information provided by
You for all purposes related to Your voluntary participation in the
SupplierGATEWAY EDC program(s). If You provide any information that is
inaccurate, not current, false, misleading, or incomplete; or if SupplierGATEWAY
has reasonable grounds to suspect that Your information is inaccurate, not
current, false, misleading, or incomplete; SupplierGATEWAY has the absolute
right to terminate your voluntary participation in the SupplierGATEWAY EDC
program(s).
Additionally, you hereby acknowledge and agree that you are prohibited from
assigning your rights and obligations under this Agreement. We may assign our
rights and obligations under this Agreement at any time, including but not
limited to in a sale of or other transaction involving the EDC program(s).
SupplierGATEWAY reserves the right, in accordance with its due process policies,
to terminate your voluntary participation in the SupplierGATEWAY EDC program(s)
if your participation results in, or is the subject of, legal action or
threatened legal action, against SupplierGATEWAY or any of its affiliates or
partners, and to terminate without consideration for whether the legal action or
threatened legal action is ultimately determined to be with or without merit.
(i) Accurate Information – Due Process
Material changes in your company’s structure must be reported to SupplierGATEWAY
within five (5) business days of the occurrence of such changes. Notification
must be made via email to edc@suppliergateway.com. Material changes are defined
above. Failure to report any of the above-mentioned material changes constitutes
a breach of Contract and will result in suspension of Your
voluntary-participation SupplierGATEWAY EDC program(s). Upon independent
discovery of the material change, SupplierGATEWAY will advise you of your newly
suspended status. Suspension will become effective on the date material change
occurred. You will be required to cease-and-desist all promotion and usage of
SupplierGATEWAY EDC program(s) except in a factually accurate reference to your
past and current status with SupplierGATEWAY; and remain in effect unless and
until You take one of the following actions within fourteen (14) days after
SupplierGATEWAY notifies you of your newly suspended status:
(1) Submit a professionally written Appeal letter by the company’s
point-of-contact or owner(s), as recognized by SupplierGATEWAY, sent via email
to edc@suppliergateway.com explaining the material change.
(2) Complete a new online application for voluntary participation in
SupplierGATEWAY EDC program(s) (at no additional cost).
Failure to complete the due process procedures for material changes within
fourteen (14) days of the email notification sent by SupplierGATEWAY advising of
the discovery of the material change will result in termination of your EDC,
effective on the 15th day after the SupplierGATEWAY email notification. You will
be required to stop all promotion and usage of SupplierGATEWAY materials stating
your current-participation. Such breaches of contract causing termination of
your voluntary participation in the SupplierGATEWAY EDC program(s) constitutes a
forfeiture of your voluntary participation in the EDC program(s) and affords you
no right to refund or credit for lost fees.
(C.) QUALIFICATIONS
Minority Owned EDC (USA)
To qualify for a Minority Owned EDC, 51% or more of the total ownership interest
must be held by one or more minority individuals, and whose management and daily
operations are controlled by one or more minority individuals. This ownership
percentage must be indicated on the company’s business registration filing, or
on signed articles of organization or articles of formation (in the case of an
LLC), or in stock ownership documentation for the organization (in the case of a
corporation), or, if the company’s business registration is filed with the
Secretary of State or equivalent authority in which the business is organized,
on a sworn affidavit(s) submitted to SupplierGATEWAY .
Minorities are considered members of “Socially Disadvantaged Groups,” as defined
by the Small Business Act:
Black Americans (African Descent). Hispanic Americans (persons with origins from
Spanish or Portuguese speaking countries). Native Americans; (American Indians,
Eskimos, Aleuts, or Native Hawaiians). Asian Pacific Americans (persons with
origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan,
China (including Hong Kong), Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea,
The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of
Palau), Republic of the Marshall Islands, Federated States of Micronesia, the
Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Fiji, Tonga,
Kiribati, Tuvalu, or Nauru). Subcontinent Asian Americans (persons with origins
from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands or
Nepal).
Membership within one of these “Socially Disadvantaged Groups” is determined by
self-declaration.
Woman Owned EDC (USA)
To qualify for a Woman Owned EDC, 51% or more of the total ownership interest
must be held by one or more women, and whose management and daily business
operations are controlled by one or more women. This ownership percentage must
be indicated on the company’s business registration filing, or on signed
articles of organization or articles of formation (in the case of an LLC), or in
stock ownership documentation for the organization (in the case of a
corporation), or, if the company’s business registration is filed with the
Secretary of State or equivalent authority in which the business is organized,
on a sworn affidavit(s) submitted to SupplierGATEWAY .
Gender is determined by the sex indicated on the government issued
identification provided in accordance with the requirements outlined in this
Agreement.
Disability Owned EDC (USA)
To qualify for a Disability Owned EDC, 51% or more of the total ownership
interest must be held by one or more persons with a disability, and whose
management and daily business operations are controlled by one or more persons
with a disability. This ownership percentage must be indicated on the company’s
business registration filing, or on signed articles of organization or articles
of formation (in the case of an LLC), or in stock ownership documentation for
the organization (in the case of a corporation), or, if the company’s business
registration is filed with the Secretary of State or equivalent authority in
which the business is organized, on a sworn affidavit(s) submitted to
SupplierGATEWAY .
Gender is determined by the sex indicated on the government issued
identification provided in accordance with the requirements outlined in this
Agreement.
LGBT Owned EDC (USA)
To qualify for an LGBT Owned EDC, 51% or more of the total ownership interest
must be held by a lesbian, gay, bisexual, or transgender person or persons and
whose management and daily operations are controlled by one or more of those
individuals. This ownership percentage must be indicated on the company’s
business registration filing, or on signed articles of organization or articles
of formation (in the case of an LLC), or in stock ownership documentation for
the organization (in the case of a corporation), or, if the company’s business
registration is filed with the Secretary of State or equivalent authority in
which the business is organized, on a sworn affidavit(s) submitted to
SupplierGATEWAY .
Gender is determined by the sex indicated on the government issued
identification provided in accordance with the requirements outlined in this
Agreement.
SupplierGATEWAY EDC includes SBA Small Business Self Certification for any of
the following classes:
Small Business, Small Disadvantaged Business, Woman Owned Small Business,
Veteran Owned Small Business, Service Disabled Veteran Owned Small Business.
US Government’s Small Business size determination is based on the US Small
Business Administration guidelines and 13-C.F.R.-121. Under 15 U.S.C. § 645(d),
any concern or person who misrepresents its size or socioeconomic status shall
be (1) punished by a fine, imprisonment, or both; (2) subject to administrative
remedies; and (3) ineligible for participation in programs conducted under the
authority of the Small Business Act. All applicants shall be required to certify
that all information provided on the application form and in attachments thereto
are true and complete to the best of the applicants knowledge and belief.
Small Business Certification (USA)
To qualify for Small Business EDC, the organization cannot exceed the expressed
maximum number of employees allowed or maximum annual receipts in millions of
dollars allowed for the company and its affiliates identified by North American
Industry Classification System (NAICS) codes as disclosed at the
website: https://www.sba.gov/document/support–table-size-standards
Small Disadvantaged Business (USA)
To qualify for Small Disadvantaged Owned Business EDC the organization must be:
Small, according to SBA’s size standards, must be at least 51% owned and
controlled by one or more disadvantaged persons, and the disadvantaged person or
persons must be socially and economically disadvantaged.
Woman Owned Small Business (USA)
To qualify for Woman Owned Small Business EDC the organization must be: Small,
according to SBA’s size standards, must be at least 51% owned and controlled by
one or more women, and primarily managed by one or more women. The women must be
U.S. citizens.
Veteran Owned Small Business
To qualify for Veteran Owned Small Owned Business EDC the organization must be:
Small, according to SBA’s size standards. One or more Veterans must
unconditionally own 51% of the VOSB, control the management and daily operations
of the VOSB and must hold the highest officer position in the VOSB. [Must meet
all eligibility requirements in Title 13 Part 125 Subpart B of the Code of
Federal Regulations
Service Disabled Veteran Owned Business
To qualify for Service Disabled Veteran Owned Small Business EDC the
organization must be: Small, according to SBA’s size standards, must have a
service-connected disability that has been determined by the Department of
Veterans Affairs or Department of Defense. One or more Service-Disabled Veterans
must unconditionally own 51% of the SDVOSB, control the management and daily
operations of the SDVOSB and must hold the highest officer position in the
SDVOSB. [Must meet all eligibility requirements in Title 13 Part 125 Subpart B
of the Code of Federal Regulations.
3. REQUIRED SUPPORTING DOCUMENTATION.For ALL EDC Applicants, submit one (1) set
of the information below:1. Biometric Identification using One form of
government issued identification.A valid, current, and legible image of your
United States of America or Foreign-Government issued Passport, or United
States of America Department of State issued Visa, Driver’s License, or
State Identification issued from a state located within the United States of
America for the primary person named as an owner on this electronic
submission and completing the EDC Application.
2. LLC, C or S Corporations – One (1) copy of the business’ registration /
existence in the applicable state in which the business is registered
including evidence of ownership percentage for the qualifying applicant(s).
Sole Proprietorships: Schedule C of a recent Federal Tax Return showing the
business name, or; Assumed Name / Doing-Business-As filing from an
applicable jurisdiction, or; IRS Form SS4 for Sole Proprietorships in
operation for less that 12 months.
3. One (1) completed EDC application form, electronically signed by an
authorized signatory of the company.
4. PAYMENTS.
A. Initial Payment.
Successful processing by SupplierGATEWAY of your payment constitutes
acknowledgement of your application to voluntarily participate in the
SupplierGATEWAY EDC program(s). The successful processing of payment by
SupplierGATEWAY EDCs, Inc. will serve as entrance into Contract between You
and SupplierGATEWAY, and the appearance of credit / debit card charges on
Your credit card / debit card statement will serve as Your receipt for the
transaction. Payment should be accompanied by the submission of this
Agreement to facilitate the initial stages of processing your Application
for voluntary participation in the SupplierGATEWAY EDC program(s).
In consideration for processing Your application for voluntary participation
in the SupplierGATEWAY EDC program(s), You agree that all fees paid to and
processed by SupplierGATEWAY EDCs, Inc. are immediately the property of
SupplierGATEWAY and are non-refundable, even if You fail to complete the
application process or are denied Certification by the SupplierGATEWAY EDC
program(s).
Applicants that claim the electronic application and payment for voluntary
participation in the SupplierGATEWAY EDC program(s) were unauthorized are
not eligible for any refund or return of fees paid and processed by
SupplierGATEWAY. It is the responsibility of all debit and credit
cardholders to safe-guard their information and therefore it is not the
responsibility of SupplierGATEWAY nor the liability of SupplierGATEWAY for
an individual or company’s negligence as a debit and credit cardholder.
B. Denied Certifications
If You fail to complete the application process or are denied Certification
by the SupplierGATEWAY EDC program, SupplierGATEWAY may, in its sole
discretion, refund some or all of the application fee.
5. RenewalsThis Agreement is not automatically renewed on the 365th day.
Renewal requires submission of a new EDC application.D.
“Chargebacks””Chargebacks” constitute a breach of this Contract. Any
chargeback filed is a direct breach of this Contract and does not nullify
the monies owed to SupplierGATEWAY. You agree that SupplierGATEWAY may
immediately take legal action against You in response to a chargeback filed
by you or in connection with this Agreement to recover the fees paid to
SupplierGATEWAY, as well as reasonable legal fees, filing fees, and other
associated costs SupplierGATEWAY accumulates attempting to recover these
fees via legally-binding arbitration administered by American Arbitration
Association, in accordance with the Dispute Resolution clause herein. You
agree and understand that you will be liable for up to three (three (3))
times the application fee in damages as well as reasonable legal fees,
filing fees, and other associated costs SupplierGATEWAY accumulates
attempting to recover these fees via legally-binding arbitration
administered by American Arbitration Association, in accordance with the
Dispute Resolution clause herein. You agree and understand that
SupplierGATEWAY reserves the right to respond to your chargeback filing in
addition to or in lieu of initiating Arbitration in accordance with the
Dispute Resolution section of this Agreement and does not waive its right to
initiate Arbitration at any time.5. FORFEITURES, DENIALS, & REAPPLICATION
REQUIREMENTS.
Every applicant for voluntary-participation in the SupplierGATEWAY EDC
program(s) may submit their required supporting documentation in .pdf format
only one (1) time for review. SupplierGATEWAY must receive this one (1) and
only submission of required supporting documentation online in the EDC
Application Form. Upon receipt of Your one (1) and only submission in .pdf
format, SupplierGATEWAY will notify You via email (i.e., “Certification
Status” email), of your company’s acceptance (i.e., “Certification Issued”
email) into a SupplierGATEWAY EDC program(s) or any errors, omissions and /
or deficiencies in your application. Required Supporting Documentation that
contains any errors, omissions, and / or deficiencies in the required
supporting documentation will be deemed invalid and result in the denial of
your application to voluntarily participate in a SupplierGATEWAY EDC
program(s). You can appeal this denial, free of charge, by following the
procedures detailed in Section “5. DENIED APPLICATION.” of this contract.
(A) FORFEITED APPLICATIONS
Applications for voluntary participation in the SupplierGATEWAY EDC
program(s) will be forfeited with no right to refund or credit for the fees
paid to process this electronically submitted Application in any of the
following circumstances:
(1) applicant’s submission of supporting documentation was not received by
SupplierGATEWAY within fourteen (14) days of the date the Application was
electronically submitted; (2) applicant failed to appeal the denial of its
application for voluntary participation in the SupplierGATEWAY EDC
program(s) within fourteen (14) days of the date of denial.
Forfeited applications result in the immediate termination of the
application process, the non-refundable forfeiture of all fees paid in
connection with the application, and the refusal of all additional
documentation submissions in connection with that applicant. SupplierGATEWAY
.
(B) DENIED APPLICATION / APPEAL PROCESS
Upon denial of Your application for voluntary-participation in the
SupplierGATEWAY EDC program(s), You will have fourteen (14) days to appeal
in accordance with the following procedures:
(1) Provide an professionally written Appeal Letter stating your
understanding of the reason(s) for application denial; and Re-Submit new
required supporting documentation including a newly signed, dated, and
notarized sworn affidavit for each program in which you seek to participate.
Applications appealed and subsequently denied by SupplierGATEWAY are
immediately terminated, with no right to refund or credit.
(C) CERTIFICATION ENROLLMENT AND EXPIRATION DATE
The enrollment or effective date of Your voluntarily-participation in the
SupplierGATEWAY EDC program(s) will be the date on which SupplierGATEWAY
completes the processing of Your application for voluntary participation in
the SupplierGATEWAY EDC program(s), including the processing of your
payment.
The SupplierGATEWAY EDC expires 365 calendar days from the date this
electronic Application is submitted and payment is processed. During a leap
year, the expiration date will not exceed 366 calendar days from the date of
this electronic submission.
6. AUDIT.
You agree that SupplierGATEWAY may audit your company at any time within the
term of this Contract by requiring all persons relied on to achieve the 51%
ownership interest requirement to execute a SupplierGATEWAY sworn affidavit.
You will be advised of an audit via an “Audit Notification Email” from
SupplierGATEWAY.
The newly executed sworn affidavit must be submitted online via the
SupplierGATEWAY system within fourteen (14) days of the date the Audit
Notification Email was sent. SupplierGATEWAY audit procedures adhere to the
same certification application procedures as outlined in Section “3.
REQUIRED SUPPORTING DOCUMENTATION.” Failure to comply with the
SupplierGATEWAY audit or failure to satisfy the certification application
procedures as outlined in Section “3. REQUIRED SUPPORTING DOCUMENTATION”
will constitute a breach of this Contract and will be addressed in
accordance with the due process policies of SupplierGATEWAY , as set forth
herein.
(i) Audit- Due Process
Failure to complete the due process procedures of the audit within fourteen
(14) days of the date SupplierGATEWAY sent the Audit Email Notification will
constitute a breach of Contract and will result in the termination of Your
voluntary-participation in the SupplierGATEWAY EDC program(s). Termination
will be effective on the 15th day after the date the Audit Email
Notification was sent by SupplierGATEWAY . Such breaches of contract causing
termination of your voluntary participation in the SupplierGATEWAY EDC
program(s) constitutes a forfeiture of your voluntary participation in the
EDC program(s), and affords you no right to refund or credit for lost fees.
You will be required to cease-and-desist all promotion and usage of
SupplierGATEWAY EDC program(s) except in a factually accurate reference to
your past and current status with SupplierGATEWAY.
7. PROFESSIONAL CODE OF CONDUCT AND ETHICS.
You agree that your voluntary participation in the SupplierGATEWAY EDC
program(s) is subject to the SupplierGATEWAY professional code of conduct
policy, which prohibits:
* Criminal Conviction;
* False or Fraudulent Representations;
* Slanderous Statements in Federal Communications Commission Regulated Media or
Electronic Media; and,
* Libelous Statements in Print or Electronic Media.
You agree that violations of the Professional Code of Conduct constitute a
breach of this Contract and will be addressed in accordance with the audit, due
process, professional code of conduct policies, and / or slander / libel due
process policies of SupplierGATEWAY as set forth herein.
You agree to conduct Your business activities in an ethical manner and in
accordance with the criminal laws of the United States of America. In the event
You or Your company are convicted of a crime related to the promotion of Your
voluntary participation in the SupplierGATEWAY EDC program(s), the conviction
will constitute a breach of contract and will be addressed in accordance with
the due process policies of SupplierGATEWAY as set forth herein.
(i) Professional Code of Conduct and Ethics- Due Process
In the event You or Your company is convicted of a crime that is either directly
or indirectly related to the promotion of Your voluntary participation in the
SupplierGATEWAY EDC program(s), You are required to notify SupplierGATEWAY via
email within five (5) days (sent to edc@suppliergateway.com ), and providing the
following information regarding the criminal conviction:
* Court of Jurisdiction
* Case Number
* Disposition
Failure to notify SupplierGATEWAY within five (5) days of a criminal conviction
that was directly or indirectly related to Your promotion of Your voluntary
participation in the SupplierGATEWAY EDC program(s) will result in the immediate
termination of Your company’s EDC, effective on the 6th day after the date of
criminal conviction. You will be required to cease-and-desist all promotion and
usage of SupplierGATEWAY EDC program(s) except in a factually accurate reference
to your past and current status with SupplierGATEWAY.
(A) SLANDER AND LIBEL
Any slanderous or libelous communications made by You shall constitute a breach
of this Contract and may involve civil actions by SupplierGATEWAY or any of its
affiliates or partners against You and Your company. In the event
SupplierGATEWAY or any of its affiliates or partners learns of any slanderous or
libelous communications made by you, an email entitled “Cease and Desist” will
be sent from SupplierGATEWAY to the company point-of-contact recognized by
SupplierGATEWAY . Failure to immediately adhere to the cease-and-desist email
will result in the suspension of You and Your company from voluntary
participation in the SupplierGATEWAY EDC program(s) as civil legal remedies are
pursued. You will be required to cease-and-desist all promotion and usage of
SupplierGATEWAY EDC program(s) except in a factually accurate reference to your
past and current status with SupplierGATEWAY. Subsequently, on the 365th day
after the date this Application was electronically submitted, Your voluntary
participation in the SupplierGATEWAY EDC program(s) will expire.
(B) USE OF INTELLECTUAL PROPERTY
You agree that SupplierGATEWAY holds all rights, title, and interest in all
SupplierGATEWAY publicity and intellectual property, including other rights
related to intangible property, unless otherwise indicated. You agree that
SupplierGATEWAY materials are the intellectual property of SupplierGATEWAY and
your use, assignment, and / or possession of SupplierGATEWAY materials may be
terminated in accordance with the SupplierGATEWAY due process policies, as set
forth herein.
You agree that the SupplierGATEWAY Certification Number assigned to you upon
Certification is the intellectual property of SupplierGATEWAY. You agree that
the listing of Your voluntary participation in the SupplierGATEWAY EDC
program(s) will be displayed on the SupplierGATEWAY portal system and that
SupplierGATEWAY, is the issuing agency and sole party responsible for the
content maintained on the SupplierGATEWAY website as it relates to You and Your
company’s voluntary participation in the SupplierGATEWAY EDC program(s).
(i) Use of Intellectual Property- Due Process
Upon termination of Your voluntary participation in the SupplierGATEWAY EDC
program(s), You are required to cease-and-desist all promotion of Your voluntary
participation in SupplierGATEWAY EDC program(s) except in a factually accurate
reference to your past and current status with SupplierGATEWAY.
8. PRIVACY AND COMMUNICATION.
Your voluntary participation in the SupplierGATEWAY EDC program(s) will be
publicly disclosed on the SupplierGATEWAY portal system. Information disclosed
will include (1) the enrollment date; (2) expiration date; (3) company full
legal name; (4) company assumed name or trademark name; (5) assigned
SupplierGATEWAY Certification Number; and (6) current status as participant in
the EDC program(s).
You agree to abide by the due process policies of SupplierGATEWAY and
acknowledge that the status listed in the SupplierGATEWAY portal system may
include “SUSPENDED” or “TERMINATED” as of the date such status was issued in
accordance with the due process policies of SupplierGATEWAY .
You agree and consent that telephone conversations through wireline, landline,
cellular, and / or electronic communication media may be recorded by
SupplierGATEWAY for “quality control” measures without prior verbal notification
or the presence of a “beep tone.”
Recognized forms of communication between you and SupplierGATEWAY are to be (1)
email communication sent to edc@suppliergateway.com or other authorized email
address of SupplierGATEWAY ; (2) telephone communication using the phone number
of (949) 525-5205. The preferred communication method with SupplierGATEWAY is
email to edc@suppliergateway.com.
You agree and consent that SupplierGATEWAY reserves the right at all times to
disclose any information provided by you to SupplierGATEWAY as SupplierGATEWAY
deems necessary to satisfy any chargeback filing, applicable law, regulation,
legal process or governmental request. You acknowledge and agree that
SupplierGATEWAY reserves the right to edit, refuse to post, or to remove any
information or materials from its website relating to your voluntary
participation in the SupplierGATEWAY EDC program(s), in whole or in part, at the
sole discretion of SupplierGATEWAY .
(A) EXCESSIVE COMMUNICATION AND ABUSE POLICY
SupplierGATEWAY maintains an “Excessive Communication and Abuse Policy”
applicable to any and all prospects, applicants, and participants voluntarily
participating in the SupplierGATEWAY EDC program(s). Actions constituting
violation of the Excessive Communication and Abuse Policy are as follows:
* Repeated telephone calls encompassed within a 48-hour period as defined by
SupplierGATEWAY
* Repeated voice mails encompassed within a 48-hour period as defined by
SupplierGATEWAY
* Repeated emails contained within a 48-hour period as defined by
SupplierGATEWAY
* Spam emails and spam facsimiles as defined by SupplierGATEWAY
* Using raised voices or exhibiting a verbally aggressive demeanor towards an
agent of SupplierGATEWAY , as defined by SupplierGATEWAY
* Questioning the credibility or validity of SupplierGATEWAY as defined by
SupplierGATEWAY
* Failing to perform due diligence in acquiring public and private sector
common knowledge, thereby requiring SupplierGATEWAY to perform educational
services as defined by SupplierGATEWAY
* Repeated attempts by a company representative, not the recognized
“point-of-contact” with SupplierGATEWAY, to engage in communication with
SupplierGATEWAY as defined by SupplierGATEWAY
Violation of the aforementioned Excessive Communication and Abuse Policy by a
prospect, applicant, or voluntary participant in the SupplierGATEWAY EDC
program(s) will result in issuance of a “warning” or “advisory” to the prospect,
applicant, or participant via email from SupplierGATEWAY. Continued excessive
communication and abuse will result in the termination of this Contract by
SupplierGATEWAY in accordance with the its process policies, as set forth
herein.
(i) Excessive Communication and Abuse Policy- Due Process
SupplierGATEWAY exercises due process in response to violations of this
Agreement through Excessive Communication and Abuse. SupplierGATEWAY will email
a Report to the point-of-contact, outlining Your Company’s violations of the
SupplierGATEWAY Excessive Communication and Abuse Policy. You will be given the
opportunity to respond in a professionally written letter stating Your
understanding of our Excessive Communication and Abuse Policy and why You
violated the Excessive Communication and Abuse policy. Your explanatory letter
must be sent via email to edc@suppliergateway.com within 5-days of the date the
Report from SupplierGATEWAY was sent. Upon receipt of your professionally
written letter, SupplierGATEWAY will attempt to address Your issues / concerns
for a final time via email. During this period of disciplinary conduct,
SupplierGATEWAY reserves the right to suspend communication between You, Your
agents and SupplierGATEWAY.
Any second violation of the SupplierGATEWAY Excessive Communication and Abuse
policy will result in the termination of Your voluntary participation in the
SupplierGATEWAY EDC program(s). You will be required to cease-and-desist all
promotion and usage of SupplierGATEWAY EDC program(s) except in a factually
accurate reference to your past and current status with SupplierGATEWAY. Such
breaches of contract causing termination of your voluntary participation in the
SupplierGATEWAY EDC program(s) constitutes a forfeiture of your voluntary
participation in the EDC program(s) and affords you no right to refund or credit
for lost fees.
9. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWNER, OUR OFFICERS, EMPLOYEES, AGENTS,
AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS, OR ANY
OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE UNDER
CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, EVEN IF SupplierGATEWAY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
In no event shall SupplierGATEWAY its partners, affiliates, or advertisers be
liable to You or any other person for any damages, including for loss of profit
or goodwill, for any matter, whether such liability is asserted on any breach of
this Contract or its incorporated agreements and policies for any loss in
profits or revenues, a lack of financial benefit, or your inability to gain
participatory access in any diversity or procurement program, even if
SupplierGATEWAY has been advised of the possibility of such damages.
SupplierGATEWAY liability is limited to the total amount paid by You for this
application to voluntarily participate in the SupplierGATEWAY EDC program(s).
10. DISCLAIMER OF WARRANTIES.
SupplierGATEWAY expressly disclaims all warranties and guarantees of any kind,
whether express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose,
non-infringement, or assurities that voluntary participation in the
SupplierGATEWAY EDC program(s) will produce any monetary gain or participatory
access in any diversity or procurement program.
11. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless SupplierGATEWAY
(“SupplierGATEWAY LLC.”) and its contractors, agents, employees, officers,
directors, shareholders, and affiliates from any loss, liability, damages or
expense, including reasonable attorneys’ fees, resulting from any third party
claim, action, proceeding or demand related to the use or promotion of your
voluntary participation in the SupplierGATEWAY EDC program(s) by you or your
company or affiliates.
In addition, You agree to indemnify and hold SupplierGATEWAY harmless from any
loss, liability, damages or expense, including reasonable attorneys’ fees,
arising out of any breach of any representation or warranty provided herein, any
negligence or willful misconduct by You. This indemnification is in addition to
any indemnification required of You as outlined elsewhere in this Agreement.
In the event that SupplierGATEWAY or any of its affiliates or partners, is
notified of a pending law suit, receives notice of the filing of a law suit, or
learns that SupplierGATEWAY or any of its affiliates or partners is the subject
or legal action or threatened legal action, SupplierGATEWAY may seek a written
confirmation from You concerning Your obligation to indemnify SupplierGATEWAY .
SupplierGATEWAY will send the “Indemnification Request” via email to your
Company point-of-contact requesting this confirmation. The Indemnification
Request email is deemed to have been received by You (through your Company’s
point-of-contact) within five (5) days of the date it was sent by
SupplierGATEWAY .
Written confirmation of indemnification must be received by SupplierGATEWAY via
email (at edc@suppliergateway.com) within ten (10) days after the
SupplierGATEWAY sent the Indemnification Request email to Your company’s
point-of-contact. The written confirmation must be signed by any person who
completed a SupplierGATEWAY EDC application used in the computation of the 51%
majority ownership interest requirement for voluntary participation in the
SupplierGATEWAY EDC program(s). In addition to any other remedies available to
the SupplierGATEWAY, failure to respond to the indemnification request or
failure to provide this written confirmation will result in the suspension of
Your Company’s voluntary participation in the SupplierGATEWAY EDC program(s).
Suspension will be effective beginning the 11th day after the Indemnification
Request email notification was sent by SupplierGATEWAY; You will be required to
cease-and-desist all promotion and usage of SupplierGATEWAY EDC program(s)
except in a factually accurate reference to your past and current status with
SupplierGATEWAY. Any suspended status shall remain in effect unless and until
SupplierGATEWAY receives written confirmation, signed by an appropriate person
as outlined above. On the 365th day after the date this Application was
electronically submitted (or your renewal payment was processed), Your voluntary
participation in the SupplierGATEWAY EDC program(s) will expire.
You agree that SupplierGATEWAY shall have the right to participate in the
defense of any such claim through counsel of its own choosing. You agree to
notify SupplierGATEWAY of any such claim promptly, in writing, through U.S.
Postal Service Certified Mail at SupplierGATEWAY 601 N. Parkcenter Drive, Suite
102, Santa Ana CA 92705, and allow SupplierGATEWAY to control the proceedings.
You agree to cooperate fully with SupplierGATEWAY during such proceedings.
12. DISPUTE RESOLUTION.
You understand and agree that SupplierGATEWAY is located in the State of
California for all legal and non-legal purposes. Therefore, this Agreement will
be interpreted under and governed by the laws of the State of California without
giving effect to any conflicts of laws principles. You agree that any claim or
dispute that you may have against us arising out of or in relation to this
Agreement will be exclusively resolved through arbitration.
The failure of SupplierGATEWAY to seek relief for your breach of any duty under
this Agreement or otherwise will not waive the right of SupplierGATEWAY to seek
relief for any subsequent breach or claim.
Any controversy or claim arising out of or relating to this Contract, or the
breach thereof, shall be settled with binding arbitration administered by the
American Arbitration Association (AAA) in accordance with its Commercial
Arbitration Rules under the Claims Programs. You agree to waive all rights to a
jury trial and All claims will be administered by “desk” arbitration, allowing
only for the submission of documents. Judgment on the award rendered by the
arbitrator(s) may be entered in any court with jurisdiction.
You agree to pay SupplierGATEWAY administrative fees in the amount of $150 per
hour, in addition to legal expenses, upon initiation of a legal action against
SupplierGATEWAY. You agree that in the event you prevail in full on your
arbitration claim that the arbitrator may, but is not required to order a refund
of any fees paid to SupplierGATEWAY but in no event will SupplierGATEWAY be
required to pay any portion of the arbitration fees.
YOU AND SUPPLIERGATEWAY AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND
REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR
YOUR USE OR PROMOTION OF YOUR VOLUNTARY PARTICIPATION IN THE SUPPLIERGATEWAY
BUSINESS CERTIFICATION PROGRAM(S); INCLUDING ANY DISPUTES CONCERNING THE
VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT,
EXCEPT THAT OWNER RESERVES THE RIGHT TO ELECT AT ITS SOLE DISCRETION TO PURSUE
ANY ACTION ARISING OUT OF COPYRIGHT AND/OR TRADEMARK INFRINGEMENT IN COURT
INSTEAD OF THROUGH ARBITRATION.
13. NOTICES.
You agree that all notices (except for notices concerning breach of this
Contract) from SupplierGATEWAY to You may be posted on the SupplierGATEWAY
portal system. Notices concerning breach of Contract will be sent to either the
email address provided in this electronically submitted Application or to the
point-of-contact’s email address, as maintained on file with SupplierGATEWAY. In
either case, delivery of all notices shall be deemed to have been made five (5)
days after the date sent.
Notices from You to SupplierGATEWAY must be sent by email
to edc@suppliergateway.com.
14. HEADINGS.
The headings in this Contract are descriptive only and in the event of a
conflict between a heading and the underlying terms of this Contract, the terms
of this Contract shall control.
15. ENTIRE AGREEMENT.
You agree that this Agreement, including policies and agreements referenced
herein, constitutes the complete and entire Agreement (Contract) between You and
SupplierGATEWAY regarding Your voluntary participation in the SupplierGATEWAY
EDC program(s). You understand and agree that there are no further
understandings, agreements, or representations with respect to your relationship
with SupplierGATEWAY that are not specified in this Agreement. You understand
and agree that any additional provisions that may appear in any communication
from you will not bind us.
16. SEVERABILITY.
You agree that the terms of this Contract are severable. If any part of this
Contract is determined to be unenforceable or invalid, that part of the
agreement will be interpreted in accordance with the applicable law as closely
as possible, in line with the original intention of both parties to the
Contract. The American Arbitration Association will interpret the contract in
accordance with its Commercial Arbitration Rules under the Claims Programs. All
claims will be administered by “desk” arbitration, allowing for submission of
documents only, and judgment on the award rendered by the arbitrator(s) may be
entered in any court with jurisdiction. The remaining terms and conditions of
the Contract (not deemed unenforceable) will remain in full force and effect.
17. WAIVER.
The failure of SupplierGATEWAY to enforce any of the provisions within this
Contract or its incorporated agreements and policies against You or others shall
not be construed as a waiver of the right of SupplierGATEWAY thereafter to
enforce such provisions. You understand and agree that no term or provision of
this Agreement will be deemed to have been waived and no breach will be deemed
to have been consented to unless such waiver or consent is in writing and signed
by the party to be bound.
18. FORCE MAJEURE.
SupplierGATEWAY (“SupplierGATEWAY LLC”), will make every effort to keep the
SupplierGATEWAY portal system operational. However, certain difficulties and
other factors outside of its control, may from time to time, result in temporary
service interruptions. You agree not to hold SupplierGATEWAY liable for any of
the consequences of such interruptions. Access to the SupplierGATEWAY portal
system are provided at the sole discretion of the website owner(s).
19. CLAIM LIMITATIONS.
OWNER AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. FAILURE TO ASSERT A CAUSE OF ACTION WITHIN ONE (1) YEAR WILL
PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL
BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION
OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY,
INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
20. SURVIVAL.
Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,
and 21 shall survive any termination or cancellation of this Contract.
21. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement/Contract, express or implied, is intended to confer
upon any third party any rights, remedies, obligations, or liabilities under or
by reason of this Contract, except as expressly provided in this Contract.
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