Approved Vendor Standards Approved Vendor Standards as of December, 1993 1.0 Introduction This document sets forth standards for a Shareware disk vendor to receive and maintain an "Approved" status from the Association of Shareware Professionals (ASP). Section 2.0 provides a general set of requirements, while specific standards involving advertising, newsletters and catalogs, and distribution are covered in sections 3.0, 4.0, and 5.0. Finally, the benefits of obtaining ASP endorsement are listed in section 6.0. 2.0 Receiving and Maintaining ASP Approved Status In order for a Shareware disk vendor to receive and maintain ASP approved status, the following standards must be met. 2.1. The vendor must fill out an application form stating his/her willingness to abide by the ASP standards set forth in this document and applying for Associate membership. 2.2. The vendor must submit sample catalogs, newsletters, etc. with his/her application to prove compliance with ASP standards. The vendor will include a main ASP office on their catalog / newsletter mailing list for verification of continued compliance. 2.3. A vendor will be given a warning if he/she fails to meet one or more of the standards. If the vendor does not rectify the problem in a reasonable amount of time, ASP Approved status and Associate membership will be withdrawn. 2.4. If ASP membership ceases for any reason, the vendor MUST cease using the ASP name in any way. Other benefits of membership will also cease. 3.0 Vendor Advertising All vendor advertisements and brochures that: 1. offer Shareware for sale and list a price, or 2. offer Shareware as a promotion for any commercial venture, or 3. use Shareware as an enticement for the user to pay for any product or service must state that "Shareware programs require separate payment to authors if found useful". This explanation must immediately follow the price (including "free" if used) or be tied to the price with an asterisk. The wording may be changed with PRIOR WRITTEN approval from ASP. ASP Approved Vendor Standards 1 ASP Approved Vendor Standards 4.0 Vendor Catalogs 4.1 Approved vendors will identify ASP member's programs with an "ASP" notation and an explanation such as: "The notation 'ASP' indicates the program complies with the standards of the Association of Shareware Professionals." 4.2 Approved vendors will make an attempt to educate users on the nature of Shareware. The following statement must be present in catalogs and on the OUTSIDE of any pre-packaged ("rack") wrappers: "Shareware is an exciting marketing method which allows you to try top-quality software before you pay the author. With Shareware, you cannot be disappointed spending money for a program that's not right for you. The small fee you pay to us covers only the duplication and distribution costs, and permits you to evaluate the program." "If you continue to use the program, you must send the author an an additional payment which may entitle you to technical support, printed manual, bonus programs, and more. Your payment supports authors, allowing them to continue writing newer and better Shareware programs." 4.3 Ombudsman statement: If the ASP logo or name is used by any ASP approved vendor in any ads/catalogs etc , then that vendor must include the following statement with their catalogs and newsletters and is encouraged to include it with all disks sold: "Company X is an approved vendor and associate member of the Association of Shareware Professionals (ASP). ASP wants to make sure that the shareware principle works for you. If you are unable to resolve a shareware-related problem with an ASP member by contacting the member directly, ASP may be able to help. The ASP Ombudsman can help you resolve a dispute or problem with an ASP member, but does not provide technical support for members' products. Please write to the ASP Ombudsman at 545 Grover Road, Muskegon MI 49442-9427 USA, FAX 616-788-2765 or send a CompuServe Mail message to ASP Ombudsman 70007,3536." 4.3.1 Background on the Ombudsman: Here are the two aspects of the institution of relevance to vendor members (ASP authors also include a statement similar to that in 4.3 with their programs if they use the ASP logo): 1. The board shall set up the office of Ombudsman and appoint someone to that position. The Ombudsman's sole role shall be to mediate disputes between ASP members and their customers. The Ombudsman shall report to the board situations where he feels board action or knowledge is appropriate. 2. All ASP members and vendor associate members are required to cooperate with the Ombudsman when approached by him/her. 2 ASP Approved Vendor Standards ASP Approved Vendor Standards 5.0 Vendor Distribution 5.1 Approved vendors will respect the copyright and all distribution restrictions made by individual authors, even if those restrictions are not specifically covered in this document. ASP authors shall place author's restrictions and authorizations in a file called VENDOR.DOC and/or VENDINFO.DIZ on their distribution disk. 5.2 Approved vendors will provide the written notice presented in section 4.2 above with all Shareware programs shipped. If the vendor distributes Shareware in pre-packaged wrappers, then this notice must be on the OUTSIDE (visible) part of the package. Approved vendors will not claim to be selling programs except in situations where they are an authorized dealer for a shareware program and the distinction between duplication fees for trial programs and full licensing is made clear. 5.3 Approved vendors will not change or delete ANY files supplied with the program unless specifically authorized to in the author's documentation or with the author's prior written authorization. Vendors may make small additions which are designed to assist or provide a service to the user (unless prohibited by the author). Unless specifically disallowed by the author, vendors may place the authors files into a compressed or library format and may include the program on a disk with programs by others. ASP author's restrictions and authorization relevant to this section shall appear in the VENDOR.DOC and/or VENDINFO.DIZ file(s) mentioned in section 5.1 5.4 Approved vendors also agree to stop distributing a program including earlier versions requested by the author. 5.5 If a vendor member accepts a shareware program for distribution and receives a new version of that program directly from the author, then within ninety days (and if possible within thirty days), the vendor shall remove the old version from distribution, either replacing it with the new version or dropping the program. Similarly, a vendor must comply with an author's request to drop a program immediately. Exceptions are only allowed with the written permission of the author. 5.6 Approved Vendors who provide shareware disks wholesale to the retail store trade must provide those disks or disk sets in a final packaged and sealed condition. The notices mentioned in sections 4.2 and 5.2 apply to these packages. Signs containing this language are also encouraged on display racks. ASP Approved Vendor Standards 3 ASP Approved Vendor Standards 5.0 Vendor Distribution (Continued) 5.7 At booths of Approved Vendors or their representatives at Flea Markets, Conventions, Computer Fairs and other gatherings where disks are sold customers must be informed of the need to register shareware by one of the following means: 1. A sign of a size that is readable from the customer's point of view, must be displayed. 2. Wording on printed packaging or disk sleeves used to hold the actual disks. 3. A brochure or vendor catalog included with every purchase. The materials must carry the notices outlined in sections 4.2 and 5.2. 5.8 Vendor Licencees Any ASP Vendor who authorizes distribution of materials by other vendors or distributors (licensees) must supply their licensees with written copies of all ASP Vendor Requirements and instruct the licensee that the grant of rights from the ASP Vendor to the licensee is subject to compliance by the licensee with these requirements. Additionally, it must be explained to the licensee that their arrangement does not grant them ASP membership or approval. Use of the ASP name and/or logo will remain limited to only those materials produced by and identified as belonging to the ASP Vendor Member. These provisions shall not prevent licensees from applying for and obtaining ASP Approved Vendor status. 5.9 CD-ROM Vendors If you produce CD-ROMs of shareware, you must show the date of release on the disk label. The accompanying literature must contain the shareware description, the ASP Ombudsman statement and the statement of registration requirements. If you have not yet actually produced the CD-ROM, you can submit a 1.44m disk showing the "front end" software with the opening screens, so we can see how you handle the description of shareware and the need to register and how you mark the ASP authored shareware selections on the menus. 4 ASP Approved Vendor Standards ASP Approved Vendor Standards 6.0 Approved Vendor Benefits A Shareware disk vendor who receives "ASP Approved" status will receive the following benefits: 1. ASP members will be urged to allow ONLY ASP approved vendors to distribute their programs. Of course, each author runs his/her own business and can send to non-ASP vendors to distribute the programs if he/she desires to do so. 2. Approved vendors may use "ASP Approved Vendor", "Approved Vendor of the Association of Shareware Professionals", or the ASP Approved Vendor logo in advertising, catalogs, etc. 3. ASP Authors will be urged to automatically provide Approved vendors with program updates and notification of problems with programs. 4. Approved vendors will regularly receive a list of the current version numbers of ASP members programs, so that they may keep their library up to date. This will be on the Monthly ASP CD-ROM. 5. Approved vendors will receive the ASP Newsletter. 6. Approved vendors will also benefit by ASP publicity in which readers will be told to look for ASP-approved vendors. 7. Approved vendors will be Associate members in the ASP. 8. Approved vendors will benefit from the public relations aspects of the institution of Ombudsman. 9. Vendor members receive a CD-ROM disk containing all of the shareware products of those ASP authors that have submitted their products for inclusion on the ASP CD. Current plans call for this CD to be issued each month. To obtain the ASP full Vendor Application kit, write or call the ASP at: Association of Shareware Professionals 545 Grover Road Muskegon MI 49442-9427 USA Voice: 616-788-5131 9 A.M to 5 P.M Eastern Time M-F FAX: 616-788-2765 CompuServe: 72050,1433 ASP Approved Vendor Standards 5