- Parties to the Agreement. This Certification Program Commitment Agreement (this “Agreement”) is an agreement between the Synthetic Turf Council, Inc. (“STC”) and the individual that has applied for and been approved for Certification (“Certified Individual”).
- Purpose and Objectives. The Certified Individual voluntarily agrees with the Purpose of the Certification Program and agrees to deliver products and services that meet or exceed the job specifications and to conduct itself in a responsible business manner. The Certified Individual also agrees with, and to promote, the Objectives of the Certification Program which are to enhance the quality reputation of synthetic turf systems, and the companies that provide products and services to those systems, and to provide the end user or customer of synthetic turf systems minimum guidelines by which the product and services can be measured.
- Eligibility Requirements. The Certified Individual represents and warrants to the STC that it has met the Eligibility Requirements, as set out on page 1 of the Certification Application Package, and agrees to continually meet the Eligibility Requirements while Certified, acknowledging that to remain a Certified Individual it must continue at all times to: meet the qualification requirements; be in good standing with the STC; evidence a working knowledge and understanding of this Agreement and the documents referred to herein; have an acceptable business performance record; abide by the STC Code of Ethics; and comply with all of the terms and provisions of this Agreement.
- Description of Products. A Certified Individual agrees to provide services and products that meet or exceed the customer’s specifications, and, when specified, that meet or exceed the STC’s Guidelines. A Certified Individual shall promote its participation in the Certified Turf Installer – Landscape Program and shall encourage end users and customers, when applicable, to specify the provisions of the applicable Guidelines.
- Certification Board. The STC Board of Directors shall establish an independent Certification Board consisting of qualified parties, who may be, but are not required to be, members the Board of Directors. The Certification Board shall determine in an impartial and objective manner whether or not a Certified Individual has committed an Infraction as defined, and in the manner as provided for below, and shall have such other powers and authority as delegated by the STC Board.
- Processing of Alleged Infractions. An Infraction occurs when a Certified Individual, by action or inaction after having become Certified, has deliberately and verifiably, (a) cheated, (b) made an intentional misrepresentation, (c) committed gross negligence, or (d) been defiantly unwilling to resolve a valid claim (any one or more of the foregoing being an “Infraction”). An alleged Infraction may only be made or reported by the end user or customer. The end user or customer must initiate the determination process by reporting the alleged Infraction in a writing, verified under oath, setting out the specifics of the alleged infraction, the facts supporting the alleged infraction, and references to documentation supporting the alleged infraction, which documentation shall be attached thereto (said writing and documentation being referred to as the “Allegation”) delivered to the STC Office. Within ten (10) days of receiving an Allegation, the STC shall send the involved Certified Individual a copy of the Allegation. The Certified Individual shall within twenty (20) days from notice of the Allegation from the STC Office, respond to the Allegation in a writing stating its position thereto, the facts supporting its position and referring to such documentation and other information that it, in its sole discretion, deems relevant to, and desires to be considered in, the Certification Board’s determination of whether an Infraction has occurred, which documentation shall be attached thereto (said writing and documentation being referred to as the “Response”) delivered to the STC Office. The STC Office shall provide each member of the Certification Board a copy of the Allegation and the Response. The STC shall provide upon request or require to be used, such forms and instructions it deems proper to be used to make an Allegation, submit a Response thereto, and to otherwise process the determination of an alleged Infraction. At no time shall the Certification Board become involved in negotiating the terms of a settlement between the alleging party and the involved Certified Individual. The Board of Directors shall have the authority to change the procedure and manner in which an Allegation is processed.
- Determination of Infraction. The STC Office shall submit the Allegation, the Response, and all documentation and other evidence received from the reporting end user or customer and the Certified Individual to the Certification Board within thirty (30) days from the date that the Allegation was received by the STC Office. The Certification Board shall then review, investigate and validate the facts and positions submitted in the Allegation and the Response, and all documentation and other evidence received in connection therewith. During the process of investigation, the Certification Board has the right to delegate investigative activities and to request additional documentation or information from the end user or customer and/or the Certified Individual. No person shall participate as a member of the Certification Board in making a determination on an alleged Infraction who is directly involved with the alleged infraction or who has a conflict of interest in connection therewith and in such circumstances such member shall recuse him/herself from the process of determining such Infraction in order to avoid the appearance of prejudice and to avoid making judgment on a direct competitor.
- Final Determination. After the Certification Board has concluded its review and investigation, the Certification Board shall in an impartial and objective manner make a determination as to whether or not an Infraction has been committed by the Certified Individual. Said determination shall be reduced to writing and a copy of said determination (or in the discretion of the Certification Board a summary thereof) shall be sent by the STC Office. The STC Office shall then send copies to the person making the Allegation and to the involved Certified Individual within five (5) days after the decision is received by the STC Office. It is agreed that the decision of the Certification Board shall be final, binding and non-appealable. The Certified Individual agrees that notwithstanding the decision of the Certification Board, the Certified Individual will not make any claim or take any legal action against the STC, the STC Board of Directors or the Certification Board (or any of them or their members, agents, attorneys and employees), and agrees to hold the STC, the STC Board of Directors, the Certification Board (including any of their members, agents, attorneys and employees) harmless from and against any liability, loss, or expenses (including, without limitation, attorney’s fees and expenses of investigation) incurred by any of the foregoing arising out of or because of any such claim or legal action made or brought by such Certified Individual.
- Consequences of Infraction. Upon determination by the Certification Board that an Infraction has been committed, the Certified Individual understands and hereby agrees that the “Infraction” will be noted on the STC web site for at least one year of such Certified Individual’s participation in the Certification Program and for two years thereafter. Upon determination by the Certification Board that a second Infraction has been committed by a Certified Individual, the Certified Individual agrees that it will no longer be certified, but will continue to be listed on the web site with the notation of “Decertified” for a period of two years from the date of decertification.
- Reinstatement. A decertified Individual can apply for recertification after two years from the date of the determination of a second Infraction by meeting the pre-certification and eligibility requirements and following the Application process.
- Performance Assurance. Voluntarily entering into the Certification Program is a commitment by the Certified Individual to have its reputation serve as the guaranty that it will deliver its products and/or services as promised.
- Use of Certified Identification. The STC is the owner of all materials relating to the identification of STC certified companies, products and services and reserves the right to withdraw the use of such materials in its sole discretion. A Certified Individual in good standing is permitted to use the official STC Certification Logo in accordance with the “STC Certification Logo Usage Agreement” accompanying the Certification Logo materials provided to the Certified Individual. PROVIDED HOWEVER that the Certified Turf Installer – Landscape Logo may only be used by the Certified Individual and may not be used by the Certified Individual’s employer unless the employer is an STC Member Company in good standing and is certified in the Landscape Installer Category.
- Expenses. All parties to a determination of an Infraction shall be responsible for their own expenses in relation to the determination process.
- Conditions of Certification. Entering into this Certification Program is voluntary. As stated in the Application For Participation In Certification Program (the “Application”), once an individual applies for Certification and is accepted by the STC Board to become a Certified Individual this Agreement is a binding legal agreement between the parties without the necessity of further signing. The applicant, however, shall not be entitled to the benefits of Certification until this Agreement has been properly executed by the applicant and submitted to the STC.
- Term and Termination. Certification shall be effective for a term of two years provided that the Certified Individual continues to meet the Eligibility requirements and has not been decertified because of Infractions. If at any time during the term the Certification Board determines that a Certified Individual no longer meets the Eligibility requirements as set out in this Agreement or that a Certified Individual has materially breached this Agreement, the STC Board, in its discretion, may terminate said Certified Individual’s certified status. Such Individual can apply for recertification after two years from the date of the termination of its certified status by meeting the eligibility requirements and following the Application process.
- Renewal of Certification. No later than thirty (30) days prior to the expiration of the certification period, a Certified Individual that continues to be eligible for Certification may apply for renewal using the Renewal Application evidencing and affirming that the individual continues to meet the eligibility requirements. The Renewal Application, together with an executed copy of the STC Certification Program Commitment Agreement, shall be submitted to the STC Office along with the Certification Fee, if any, then in effect.
- Commitments of the STC. So long as the Certified Individual is in full compliance with all terms and conditions of this Agreement, the STC Certification Program shall:
- Provide upon request, official documentation to authorized inquirers, confirming the Individual’s status as a Certified Individual.
- Grant, and does hereby grant, the Certified Individual a limited, non-exclusive, non-transferable (see Paragraph 21) license to identify itself as a “Certified Synthetic Turf Installer (CSTI)” and to use the “Certified Synthetic Turf Installer (CSTI) Logo” (“CSTI Logo”) for the in accordance with the terms and conditions contained herein and in the CSTI Logo Usage Agreement.
- Publish the Certified Individual’s status as a “Certified Individual” on the STC website.
- Maintain confidentiality of information provided by the Certified Individual when such information is so designated by the Certified Individual in writing, and will not disclose any such confidential information except by written permission of the Certified Individual.
- Hold Harmless. The Certified Individual shall indemnify and hold harmless the STC, its directors, employees, attorneys and agents against any and all claims against or losses to any of the foregoing arising out of any breach of this Agreement, or lack of performance, by the Certified Individual, including without limitation, the listing of the Individual on the STC website in the manner and upon the happening of the events as provided herein because of proven Infraction(s). Controversies. The parties shall endeavor to resolve any controversy, dispute or claim (a “controversy”) arising out of or relating to this Agreement by mediation in Dalton, Whitfield County, Georgia conducted by a mediator registered with the Supreme Court of Georgia. The parties agree to make a good faith effort to settle all such disputes in mediation and shall participate in each mediation session, as needed, in good faith. The fees of such mediator shall be shared equally by the parties. Any controversy which is not resolved by mediation shall be settled by binding arbitration conducted before a sole arbitrator in Dalton, Whitfield County, Georgia. Discovery shall be conducted in accordance with the Federal Rules of Civil Procedure. As part of the decision and award to the prevailing party, the arbitrator shall have the power to assess costs, including attorney’s fees, if appropriate in the discretion of the arbitrator against the other party. Either party may invoke this provision by serving a demand for arbitration in the form required by O.C.G.A. §9-9-6(c) by registered or certified mail, return receipt requested. If the parties cannot mutually agree on an arbitrator within 15 days from the date of delivery of such notice, the arbitration shall be conducted according to the rules of, and by an arbitrator selected by, the American Arbitration Association, Atlanta Office. Judgment upon the award rendered by the arbitrator shall be final and may be entered by any court having jurisdiction thereof.
- Non-transferability. The Certified Individual shall have no right to, and shall not attempt to, transfer its Certification designation and rights to any other person or entity.
- Entire Understanding. This Agreement, including the applicable STC Guidelines, the Code of Ethics, the CSTI Certification Logo Usage Agreement, (and as any of the foregoing may be amended or revised from time to time by the STC Membership or Board of Directors) and, to the extent not in direct conflict herewith, the Overview of STC Certification Program and the Application submitted by the Applicant, all of which are incorporated herein by reference, constitute the entire agreement and understanding between the parties and the Certified Individual acknowledges receipt of a copy thereof. The parties agree that this Agreement is given under seal and it is intended to and shall constitute and have the effect of a sealed instrument according to law, whether or not an entity’s official seal is attached.
- Notices. All notices or other communications required or permitted by this Agreement shall be made in writing, signed by the party making the same, and shall be deemed given on the date delivered, if delivered in person or by recognized delivery services (such as Federal Express, UPS and similar delivery services), and on the third business day after mailed, if sent by United States first class mail, certified and return receipt requested, postage prepaid, and addressed as follows:
If to the STC, then: If to the Company, then:
Synthetic Turf Council, Inc. To the address shown on
2331 Rock Spring Road the Company’s Application
Forest Hill, MD 21050
or to such other address of which a party has given the other party notice in the manner as required above.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.
Disclaimer
The Certified Synthetic Turf Installer (CSTI) Program is intended to communicate industry guidelines to synthetic turf installers for estimating, planning and executing residential and commercial projects and to educate individuals in applicable construction and general business practices for landscape synthetic turf applications. For a participant obtaining Certification, the STC recognizes only that the credential holder has earned the designation status, met the minimum eligibility requirements for installation experience, and passed the exam administered by STC. The STC exercises no control or direction over certified synthetic turf installers and does not in any manner endorse, guarantee, or certify the performance or quality of services rendered or products used. The STC further disclaims any and all liability for injuries or damages to persons or property or for monetary damages arising out of or resulting from the failure of performance of services rendered or products used by an installer holding a CSTI certification or designation.
By my signature, I acknowledge that I have read, understand and agree to the STC code of ethics, code of conduct, and commitment agreement.