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1993-03-01
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Approved Vendor Standards
Approved Vendor Standards as of March, 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withdrawn.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. Although this can be written in
the vendor's own words, it must address the following
concepts.
4.2.1 The fee paid to the vendor is a distribution
charge and does not cover the cost of the
program itself.
4.2.2 If the user finds a Shareware program to be of
use, he/she is expected to send the
registration fee to the author.
4.2.3 Registration entitles the user to various
rights and benefits (depending on the author).
These range from the legal right to continue
using the software, to printed documentation
and/or higher levels of service.
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 or send a
CompuServe Mail message to ASP Ombudsman 70007,3536
or FAX 616-788-2765."
2 ASP Approved Vendor Standards
ASP Approved Vendor Standards
4.0 Vendor Catalogs (Continued)
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.
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 on their distribution disk.
5.2 Approved vendors will provide a written notice covering
the three (3) concepts 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.
ASP Approved Vendor Standards 3
ASP Approved Vendor Standards
5.0 Vendor Distribution (Continued)
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 file 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 section 5.2 apply to these packages.
Signs containing this language are also encouraged on
display racks.
Suggested minimal wording is:
"This Shareware program is provided for a
distribution charge only. If found useful, a
registration fee is required to be sent to the
author to pay for the program itself. Registration
entitles the user to various rights and benefits as
documented inside."
4 ASP Approved Vendor Standards
ASP Approved Vendor Standards
5.0 Vendor Distribution (Continued)
5.6 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.
Suggested minimal wording is:
"This Shareware program is provided for a
distribution charge only. If found useful, a
registration fee is required to be sent to the
author to pay for the program itself. Registration
entitles the user to various rights and benefits as
documented by the author in files on the disk."
5.7 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.
ASP Approved Vendor Standards 5
ASP Approved Vendor Standards
5.0 Vendor Distribution (Continued)
5.8 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.
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.
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.
6 ASP Approved Vendor Standards
ASP Approved Vendor Standards
6.0 Approved Vendor Benefits
9. Vendor members receive, free of charge, a monthly mailing
of ASP author members' shareware products. The mailings are a
collection of shareware products that are paid for by the
individual authors who submit their software each month.
Because enrollment in each month's mailing is optional for
authors, quantities vary each month, and the mailings are not
guaranteed to occur every month. In any month that there is a
mailing, all ASP vendor members will receive a set at no
charge. The mailings are entirely paid for by the
participating authors, and sponsored by the ASP. As of the
date on this document, typical quantities are about 25-50
disks per month, and a mailing has not yet been missed or
cancelled.
To apply for ASP Vendor Membership, call, write or FAX the ASP and
ask for the ASP Vendor Application Kit.
Association of Shareware Professionals
545 Grover Road
Muskegon MI 49442-9427 USA
Voice: 616-788-5131 8-5 M-F Eastern Time
FAX: 616-788-2765 24 Hr/Day
ASP Approved Vendor Standards 7
