Code of Conduct
NPE’s Licensee Code of Conduct is subject to change from time to time. Licensees and their Representatives, as defined herein, must understand and comply with the most recent version of NPE’s Licensee Code of Conduct.
NPE’s Licensee Code of Conduct is a general guide to standards of business practice and regulatory compliance that applies to Licensees to NPE USA LLC, and any subsidiaries or affiliated entities (collectively “NPE” or the “Company”). It is the intent of NPE to select and retain Licensees who share and embrace the letter and spirit of our commitment to integrity. We recognize that Licensees are independent entities completely separate from NPE. Nonetheless, the business practices of a Licensee may reflect upon, and in some cases directly affect, NPE. NPE, therefore, requires that Licensees and their employees, agents, and subcontractors (Licensees’ employees, agents, and subcontractors shall hereinafter be referred to collectively as “Representatives”) adhere to certain standards of business conduct and that they comply with the letter and spirit of applicable law while conducting using NPE’s Lead Generation Marketing Engine™ or Licensed Marketing Materials. The policies summarized in NPE’s Licensee Code of Conduct are not exhaustive: there may be other conduct not specifically described that will be considered unacceptable for a Licensee or its Representatives.
I. Legal and Regulatory Compliance Practices
All Licensees, while conducting business with or on behalf of NPE, shall conduct such business in full compliance with all laws and regulations applicable to such business, and shall require that their Representatives do the same. Licensees shall promptly notify NPE of any conflict between U.S. and other applicable law as detailed under the “Seeking Guidance and Reporting Concerns” section of this code. In addition to any specific obligations under Licensee’s agreement with NPE, all Licensees shall, without limitation comply with the following:
Anti-Corruption and Anti-Bribery Laws
Licensees shall comply with the anti-corruption laws of the countries in which they do business, the United States Foreign Corrupt Practices Act (“FCPA”) of 1977, amended, and the UK Bribery Act of 2010. Licensees must not give or offer to give, anything of value, or make any improper payments, directly or indirectly, to any government official, employee of a government-controlled company, or political party, customer or private third party, in order to obtain any improper benefit or advantage.
Competition and Anti-Trust Laws
Licensees shall conduct business in full compliance with applicable antitrust and fair competition laws. Licensees shall avoid unlawful agreements or understandings that improperly limit the supply or affect the price of goods or services provided to, or offered by, NPE.
Gifts and Entertainment
Licensees acknowledge that NPE’s employees are prohibited from accepting anything more than occasional and modest gifts from Licensees, including meals and entertainment. Licensees are not authorized to give or receive gifts, hospitality or entertainment on NPE’s behalf.
Licensees shall comply with all applicable data privacy laws and regulations. Licensees who are engaged in collecting, processing or controlling personal data on behalf of NPE must comply with NPE’s corporate rules and policies relating to such services and shall prevent the improper and unauthorized use or dissemination of such data.
International Trade Controls and Trade Sanctions
International trade control (“ITC”) laws and regulations and country-specific trade sanctions, affect international transactions involving goods, services, technology and financial transactions. Licensees shall operate in full compliance with all applicable ITC laws and regulations, including but not limited to regulations issued by the United States’ Office of Foreign Assets Control. Licensees must have full and up to date knowledge about international restrictive measures adopted against certain countries, governments, organizations, entities, companies, individuals or assets and shall not engage in business with them, where doing so is prohibited by applicable laws and regulations.
Licensees shall comply with all applicable environmental laws and regulations.
Money Laundering Prevention
Licensees shall comply with all applicable Anti-Money Laundering and Anti-Terrorism Financing laws and regulations. Licensees shall not knowingly participate in a scheme to launder money related to criminal or terrorist activity. Licensee shall not directly or indirectly do business with any person included on any lists of terrorists or terrorist organizations compiled by the Unites States or any other national or international organization. Licensees are committed to conduct business with customers and suppliers involved in legitimate business activities and whose funds are derived from legitimate sources.
II. Business Practices
Licensees and their Representatives shall conduct their business interactions and activities with integrity and in accordance with their obligations under specific agreements with NPE. While many Licensees have their own compliance requirements, business practice standards, and/or codes of business conduct, it is essential that all Licensees and Representatives understand and uphold the requirements of NPE for acceptable business conduct when doing business with or on behalf of NPE. In addition to any specific obligations under each Licensee’s agreement(s) with NPE, all Licensees shall, without limitation comply with the following:
Accurate Business Records
Licensees shall maintain accurate and timely financial and accounting records of all transactions related to their business with NPE and retain them as required by applicable law. No accounting or financial entry shall be made that conceals or disguises the true nature of any transaction or record.
Licensees shall not speak to the press on NPE’s behalf unless Licensee or Representative is expressly authorized in writing to do so by NPE.
Licensees shall conduct business in a professional manner at all times while on NPE’s property or while conducting business with or on behalf of NPE.
III. Employment Practices
NPE expects their Licensees to share their commitment to diversity, equal employment opportunity, and a safe and harassment free workplace. NPE’s Licensees shall conduct their employment practices in full compliance with all applicable laws and regulations in all of their global operations. In addition to any specific obligations under Licensee’s agreement with NPE, all NPE Licensees shall, without limitation comply with the following:
Harassment and Discrimination
Licensees shall cooperate with NPE’s commitment to a workplace free of harassment and Licensees shall not engage in discrimination based on race, color, ethnicity, religion, creed, national origin, ancestry, genetics, sex, pregnancy or childbirth (including breastfeeding), sexual orientation, gender (including gender identity or nonbinary or nonconformity and/or status as a trans individual), age, physical or mental disability, citizenship, marital, parental and/or familial status, past, current or prospective service in the uniformed services, or any characteristic protected under applicable law.
Health and Safety
Provide a safe and healthy work environment and fully comply with all applicable safety and health regulations and practices.
Forced Labor and Child Labor
Licensees shall use only voluntary labor. The use of forced labor whether in the form of indentured labor, bonded labor, or prison labor by a NPE Licensee or its subcontractors is unacceptable. Licensees shall (i) fully comply with the UK Modern Slavery Act 2015 to the extent the Act is applicable to a Licensee (ii) comply with all minimum age laws and requirements and not employ child labor.
Wage and Benefits
Licensees shall pay workers for all work completed and shall pay at least the minimum wage required by law and provide legally mandated benefits.
IV. Compliance with NPE’s Licensee Code of Conduct
It is the responsibility of the Licensee to ensure that its Representatives understand and comply with NPE’s Licensee Code of Conduct and to inform their NPE contact if and when any situation develops that requires the Licensee to operate in violation of the code set forth in this document.
V. Compliance Acknowledgment
All Licensees are required to educate and train their Representatives to ensure that they understand and comply with NPE’s Licensee Code of Conduct. Licensees may be required, as a condition to maintaining an active Licensee relationship with NPE, to acknowledge their obligation to comply with NPE’s Licensee Code of Conduct.
VI. Seeking Guidance and Reporting Concerns
NPE encourages Licensees and Representatives that have questions regarding NPE’s Licensee Code of Conduct to contact NPE regarding their concerns. Licensees and their Representatives should work with their NPE contact in resolving a business practice or compliance concern. Should it not be possible or appropriate to resolve such concern directly with their contact, Licensees should contact the following:
General Counsel, by mail to: Pino Nicholson, PLLC P O BOX 1750, Winter Park , FL 32790 or by phone at 407-425-7831.
VII. No Retaliation and Cooperation with Investigations
NPE strictly prohibits acts of retaliation against Licensees or their Representatives who have, in good faith, sought out advice or have reported questionable behavior or a possible violation. The “in good faith” requirement means the Licensee or their Representatives actually believe or perceive the information reported to be true. NPE carefully investigates all reports of misconduct consistent with local requirements. Licensees and Representatives will help this process by cooperating fully and honestly in an investigation of potential illegal or unethical activity and will not face retaliation for doing so.