Why A Code Of Ethics

Resellers, Value Added Resellers, System Integrators, System Builders, Solution Providers and Managed Service Providers collectively are referred to as the IT Channel. For the IT Channel to flourish, the Trusted Business Advisor Association (TBA) has been formed with the mandate of adding more integrity and professionalism to the IT Channel.

Individual Channel Members are being encouraged to:

• Read the Code Of Ethics, answer the online questions, agree to adhere to the Ethics and become a Trusted Business Advisor.
•  Complete the Services modules.
• Take the Business Education and Certification program and become a Certified Trusted Business Advisor

 
Channel Member Organizations are being encouraged to:

• Ensure that sufficient number of their staff complete the entire TBA Certification program so that they can become a Trusted Business Partner.

The Trusted Business Advisor Program will support this by:

•  Ensuring that every member pledges to abide by the Code's standards as a condition of admission and continuing membership.
• Providing Trusted Business Advisor with collaboration, marketing, sales and lead generation tools and vehicles.
• Making it easier for Trusted Business Advisors to differentiate themselves from resellers who are in the business to make “quick money” without care for ethics, integrity or the long-term health of their customers or the IT Channel.
• Promoting Certified Trusted Business Advisor and Trusted Business Partners through a SMB focused channel advocacy program.
• Providing on-going business education to members.
• Monitoring the IT Channel to ensure adherence to the Code Of Ethics.

The Code Of Ethics states the values to which we are committed, and embodies the ethical responsibilities of the professionals within this Association. Without values, ethical dilemmas will occur, especially during times of rapid change and/or economic downturns. The Code speaks to both the members and end-users. It ensures that member will make no statements or promises that might mislead end user customers, vendor partners or other members or member companies.  

 The principles of the TBA Code Of Ethics are expressed in broad statements to guide ethical decision making. These statements provide an overall framework for the industry, but do not and cannot be used to dictate conduct for a specific Member. Members are encouraged to seek professional advice in regards to their course of action in specific situations.

 
Objectives:

•  To be a professional group that represents the interests of Resellers, Value Added Resellers, System Integrators, System Builders, Solution Providers and Managed Service Providers which collectively are referred to as Trusted Business Advisors (TBAs), the members of the association.
• Help raise the profile of TBAs, and to provide them with business education, differentiation, business certification and a code of ethics.
• To be the controlling body to ensure that the use of the Trusted Business Advisor and Trusted Business Partner branding is restricted to authorized people and organizations.
• To be a strong advocate for TBA and Trusted Business Partners (TBPs).
• To provide TBAs with vehicles and tools that will help them to market and grow their businesses.  
•  To help protect the interest of IT hardware suppliers and software developers who rely on TBAs to sell IT-centric business solutions to small and mid size businesses (SMBs), by developing, maintaining and enforcing standards for business training and the updating of business skills as well as a code of ethics.
•  To assist SMBs who rely on these TBAs to provide, configure, service and support the IT-centric business solutions they require.

 Need For A Code of Ethics

The U.S. Federal Sentencing Guidelines, amended in 2004 in response to the Sarbanes-Oxley Act, requires that all organizations establish and maintain an effective ethics and compliance program in order to prevent unethical and illegal conduct. Like all businesses, TBPs that follow an effective ethics and compliance program can greatly reduce potential fines and/or other penalties for their organization and for the individual TBAs that they employ.  They can also use their adherence to a recognized code of ethics as a point of differentiation from all other solution providers which do not make a comparable commitment.
 

The Federal Sentencing Guidelines state: "The potential fine range for a criminal conviction can be significantly reduced -- in some cases up to 95 percent -- if an organization can demonstrate that it had put in place an effective compliance and ethics program and that the criminal violation represented an aberration within an otherwise law-abiding community." It went on to explicitly define seven minimally-required elements of an effective compliance and ethics program:

1.    Establish standards and procedures to prevent and detect criminal conduct.

2.    Place responsibility with the organization's governing authority and high-level personnel to ensure that the organization's compliance and ethics program is effective.

3.    Preclude persons who have engaged in illegal or unethical actions from serving in high ranking positions.

4.    Audit, monitor, and periodically evaluate the program's effectiveness, and provide a way for employees to report concerns about illegal behavior without fear of retaliation.

5.    Provide incentives to employees and agents to not act illegally or unethically, and discipline those who do.

6.    Take reasonable steps to respond to misconduct and to prevent future misconduct.

7.    Conduct effective training programs and otherwise disseminate information appropriate to such individuals' respective roles and responsibilities, overall mission, vision, and statement of principles.

TBA Code of Ethics

The Trusted Business Advisor/Partner Code of Ethics sets out baseline standards regarding how TBAs and TBPs should approach their occupation on a daily basis. Now more than ever, individual employees and the organizations that employ them are being held accountable for their business practices and social responsibilities. The TBA Code of Ethics helps define what is considered acceptable and unacceptable behavior.

A TBP needs to communicate periodically and in a practical manner with its owners and employees, the standards and ethics that the organization has agreed to uphold. The TBA program will assist in the education and dissemination of this information throughout the IT Channel via industry ePublications, communities, webinars, events, training modules and the TBA Business Certification Program. As a TBA and/or a TBP, you agree to exert best efforts to:

Refrain from selling Grey or Counterfeit products. Provide clear and accurate communications of terms and conditions of each sale including warranties, available service, and return policies.

• Refrain from selling or giving away pirated software. Agree not to engage in or tolerate the unauthorized copying, distribution, or use of computer software under any circumstances, including without limitation: copying, distribution, or use of counterfeit, infringing and/or unauthorized software and related components; Certificates of Authenticity (COAs), End User License Agreements (EULAs), manuals and/or other component distributed with software programs; coping, distribution, or use of OEM software with PCs other than those for which they are intended; copying, distribution, or use of OEM, academic, beta, fulfillment, evaluation, Not for Resale (NFR), or other versions of software programs in a manner that is inconsistent with the applicable distribution and licensing terms authorized by the software publisher; and copying, distribution, or use of CD-ROMs, EULAs, COAs, manuals, or other software components in a manner that is inconsistent with the applicable distribution and licensing terms authorized by the software publisher.
•  To respect and follow all right-to-privacy rules by using the appropriate procedures and processes to safeguard the information we collect to prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information.
•  Refrain from the use of unethical and deceptive selling techniques and practices.
•  Respect, without restriction, all agreements entered into with customers.
•  Promptly settling all customer complaints using mediation and/or arbitration, if required.
• Take best efforts to implement energy-efficient CPUs, computers, servers and peripherals, as well as reduce resource consumption and proper disposal of electronic waste.

I would really like to hear your comments on this Code Of Ethics.

Trusted Business Advisors and Trusted Business Partners

agree to abide by both the sprit and the letter of the Code.

 

In response to Jim Estill's comments " Looks good. Might want to add and vendors at the end of this bullet: Respect, without restriction, all agreements entered into with customers. Could add (but it is sort of covered in the unethical selling: Accurately promote products and services without making false claims. And just a question. Is selling grey products an ethics violation? I would think not (despite the fact that I do not sell grey products so it is against my self interest) as long as the customer is not being promised something that is not delivered. Thoughts? I know the way you have it here would attract more vendor support. " Robert M. Cohen replies: Hi Jim: Thanx for all the support you have given me over the past dozen years while I have struggled to build this program. Hard to believe that it is actually launched ... and is better than I ever imagined. Of course, now I have the next hurdle: to get the Vendors, Distributors and Resellers to support the program. Everyone is saying they will ... now the program gets the all important litmus test: do they support it or is it just lip service. As for your response. I can't think of too many people, if any, that have more right than you to discuss Posted by Robert M. Cohen at 1:17am

In response to Thomas Douglas's comments " I think they are good. I think there should be something in place in respect to labor and making sure that if you sell a labor component that it is inline with the scope of the project. This is partially covered in the unethical selling practices portion, but labor isn't mentioned - leaving the assumption of products. One of the biggest issues in our region are companies that pre-sell blocks of hours then burn thru them at an exorbitant rate that doesn't always seem reasonable. I'm not against the green movement, but in the TBA code of ethics doesn't seem like the appropriate place. Thanks, Thomas H. Douglas 417.837.4810 " Robert M. Cohen replies: Thanx for the comments Thomas. I hope you have signed up for the TBA program and tools. If you haven't, please let me know and I will make sure you get signed up. The Code is designed to differentiate the ethical resllers from the box pushers, trunk slammers and kid next door. While managed services is helping, most resellers get messed around when it comes to service: areas they can't charge for; not knowing what to charge; not organized enough to charge and the fear that a customer will leave you if they charge. Thus, resellers are all looking for easier ways to charge for service. Sounds like some of the resellers in your neck of the woods have decided that the Posted by Robert M. Cohen at 1:06am

I think they are good. I think there should be something in place in respect to labor and making sure that if you sell a labor component that it is inline with the scope of the project. This is partially covered in the unethical selling practices portion, but labor isn't mentioned - leaving the assumption of products. One of the biggest issues in our region are companies that pre-sell blocks of hours then burn thru them at an exorbitant rate that doesn't always seem reasonable. I'm not against the green movement, but in the TBA code of ethics doesn't seem like the appropriate place. Thanks, Thomas H. Douglas 417.837.4810 Posted by Thomas Douglas at 11:32pm

Looks good. Might want to add and vendors at the end of this bullet: Respect, without restriction, all agreements entered into with customers. Could add (but it is sort of covered in the unethical selling: Accurately promote products and services without making false claims. And just a question. Is selling grey products an ethics violation? I would think not (despite the fact that I do not sell grey products so it is against my self interest) as long as the customer is not being promised something that is not delivered. Thoughts? I know the way you have it here would attract more vendor support. Posted by Jim Estill at 11:29pm

In response to Ajay Singhal's comments "Robert I think it's a great start. It covers some very important issues such as grey market and counterfeit products, as well as disk-loading. It's important for VARs through this certification to establish themselves as a reputable and reliable company that can be trusted to do business with. One might consider becoming a member of their local BBB, etc. It is also important for resellers to post their privacy policy and adhere to credit card PCI standards. " Robert M. Cohen replies: Hey Ajay: Always great to hear from you and even better to have your support on what we are doing. Ethics is a strange animal as we like to think that all people are naturally ethical. However, reality is, many people rationalize their actions and therefore cut corners when it comes to ethics. The Code makes it more difficult to do this. I really believe that the TBA program will make life better for ethical, business savvy resellers ... like you. Posted by Robert M. Cohen at 11:22pm

In response to Greg Gruchacz's comments " Robert, This is an excellent initiative and is something that is needed in the IT indutry. I hope that this program takes off and is embraced by the IT community. Over the years, our business has been undercut by competitors who lie, cheat and steal from clients for short term gains and they end up eventually go out of business. They leave a bad taste in IT consumers mouths and give every one of us a bad name. With the program that you are proposing, clients will gain confidence in the " Robert M. Cohen replies: Thanx Greg for endorsement of the concept. You have touched on one of the most important aspects of the program ... the one that hopefully attach a professional designation to your job ... a Certified Trusted Business Advisor. Complete with education, certification, code of ethics, rules of engagement, strong marketing tools, etc. If you have not signed up for the program yet, please send me an email and I will make sure we get you started. Posted by Robert M. Cohen at 11:17pm

Robert I think it's a great start. It covers some very important issues such as grey market and counterfeit products, as well as disk-loading. It's important for VARs through this certification to establish themselves as a reputable and reliable company that can be trusted to do business with. One might consider becoming a member of their local BBB, etc. It is also important for resellers to post their privacy policy and adhere to credit card PCI standards. Posted by Ajay Singhal at 11:09pm

Robert, This is an excellent initiative and is something that is needed in the IT indutry. I hope that this program takes off and is embraced by the IT community. Over the years, our business has been undercut by competitors who lie, cheat and steal from clients for short term gains and they end up eventually go out of business. They leave a bad taste in IT consumers mouths and give every one of us a bad name. With the program that you are proposing, clients will gain confidence in the Posted by Greg Gruchacz at 11:08pm

In response to Colin Martin's comments "I think this Code of Ethics is good and proper. Really nothing to add to it. My only suggestion is that vendor and distributor members of the Channelline Advisory Counsel sign one as well that is tailored to them. Something along the lines of not going direct to end users. This could be a step towards encouraging trust and stronger ties between both sides." Robert M. Cohen replies: Thanx Colin. We are already in the process of doing a version for vendors and distributors. However, rather than telling them what they can and cannot do (i.e.: go direct) which has merits in some cases, we will go back to ethics and tackle problems such as having them agree to negotiate in good faith, to establish rules of engagement and not to change the rules at will. If they are taking some, most or all of their business direct, they should be upfront about it and let the VARs know what criteria they use for determining which sales go direct vs. indirect. Posted by Robert M. Cohen at 8:22pm

I think this Code of Ethics is good and proper. Really nothing to add to it. My only suggestion is that vendor and distributor members of the Channelline Advisory Counsel sign one as well that is tailored to them. Something along the lines of not going direct to end users. This could be a step towards encouraging trust and stronger ties between both sides. Posted by Colin Martin at 7:14pm

In response to Roberta Fox's comments "Robert: This is a good move for the computing industry. As professional consultants, we have had variours versions for many years. (see one for the Canadian Telecommunication Consultants Association - CTCA). It provides a framework and guidlines to work with, and has helped differentiate us from others. http://www.ctca.ca/index.asp?R=2&M=14 The only challenge is monitoring and measuring the behavious. In the CTCA, the code is self-policing by fellow consultants and has been acted on occasionally. This would be good move to differentiate suppliers wearing my 'customer' hat. " Robert M. Cohen replies: Thanx for the Comments Roberta. While it will never be perfect, I fully agree that the primary purposes of the Code are to provide a framework and guidelines, as well to make it easier for end users to differentiate between the real players and the box pushers. We will be using a system whereby vendors, distributors, resellers and end users can easily rank a TBA in terms of service, support, etc. Through the system they will also be able to easily launch a formal complaint against a TBA. The TBA will be notified of such complaint and have the ability to rebute it ... before it goes live. Posted by Robert M. Cohen at 10:02am

Robert: This is a good move for the computing industry. As professional consultants, we have had variours versions for many years. (see one for the Canadian Telecommunication Consultants Association - CTCA). It provides a framework and guidlines to work with, and has helped differentiate us from others. http://www.ctca.ca/index.asp?R=2&M=14 The only challenge is monitoring and measuring the behavious. In the CTCA, the code is self-policing by fellow consultants and has been acted on occasionally. This would be good move to differentiate suppliers wearing my 'customer' hat. Posted by Roberta Fox at 9:49am

In response to Mark Rieger's comments "Robert, I applaud your initiative and well thought out guidelines for a TBA Code of Ethics. I think it is very important to create and adhere to these basic standards for good business behavior and transparency, which I have and will abide by, as well as support the communication and adoption by my peers, employees and partners. Great work and thanks, Mark" Robert M. Cohen replies: Thanx Mark. Coming from a seasoned professional like you, I really appreciate the compliment and the support. Getting the TBA program ready to take to market has been a long, slow and costly trip. Now, I have to wait and hope that the industry supports our efforts. Posted by Robert M. Cohen at 6:10pm

Robert, I applaud your initiative and well thought out guidelines for a TBA Code of Ethics. I think it is very important to create and adhere to these basic standards for good business behavior and transparency, which I have and will abide by, as well as support the communication and adoption by my peers, employees and partners. Great work and thanks, Mark Posted by Mark Rieger at 5:34pm