UL and Subscriber Responsibilities
A. Introduction and Definitions
1. By acceptance of a formal quotation for UL Mark certification work or by use of the UL Certification Mark or
other markings (“UL Mark”), the Subscriber agrees with the responsibilities set forth below.
2. The term “Subscriber” is used to denote a client that has entered into a relationship with the UL Contracting
Party as an “Applicant” (the company or individual that applies to the UL Contracting Party for the
investigation of a product), or a “Manufacturer” (the manufacturer or assembler of a product at whose
factory the Follow-Up Service is established).
3. UL shall not incur any obligation or liability for any loss, expense or damages, including incidental,
consequential or punitive damages, arising out of or in connection with the use or reliance upon the
contents of this document to anyone other than the Subscriber as provided in the agreement between UL
and Subscriber.
B. Certification Decision
1. UL will investigate submitted products and, if eligible, in UL's sole opinion, authorize the use of the UL
Certification Mark under the following terms and conditions.
2. UL, which includes those employees responsible for formulating policy, developing and implementing
processes, and performing their duties in compliance with those processes, is solely responsible for the
certification decision.
3. Subscriber acknowledges that the Manufacturer(s) of the product must demonstrate that the
Manufacturer(s) will produce the product in accordance with all requirements including, without limitation,
the Procedure and the applicable Standard or other such specified requirements. The Manufacturer(s) shall
establish and maintain a program of production, inspection and tests to assure that products bearing the
Marks comply with UL's Requirements.
4. Subscriber agrees to inform UL of any changes to the product that affect the product’s compliance with this
document, the description in the Procedure, or the Standard or other such specified requirements prior to
implementation of the changes into production.
5. Subscriber agrees that if a revision in UL's Requirements is adopted or the requirements are withdrawn, UL
will determine the date by which authorization to use the Mark shall terminate and will notify the Subscriber
of such date. Subscriber agrees to comply with any such notice. If UL’s Requirements are revised, the
continued coverage of the product and the rights of the Subscriber to use the Mark beyond the specified
date shall be contingent upon a revised product being submitted to UL, found to comply with the applicable
requirements, and appropriate revisions being made in the Procedure. If the product is found not to comply
with the revised requirements, or if the requirements are withdrawn, the certification of the product shall be
terminated on the specified date and authorization to use the Mark will cease on that date.
C. Surveillance
1. UL's Follow-Up Service is an integral part of UL Service and includes, without limitation, inspection of
facilities where products covered by UL Service are manufactured or assembled, and additional testing to
determine whether manufactured products are eligible for UL Service.
2. Subscriber agrees that UL representatives will make periodic examinations or tests of the products at
factories where eligible products are manufactured. UL may, from time to time, select samples at the
factory, place of sale or elsewhere for examination or testing to determine compliance with UL's
Requirements.
3. UL's representatives shall have free, unannounced, immediate, safe and secure access to factories or
storage facilities where the products or any components are fabricated, processed, finished, stored or
located, at all times during business hours or when the factory or storage facilities are in operation in order
for UL's representatives to perform their duties.
D. Subscriber Acknowledgement of Accuracy of Information and Agreement to Comply with Requirements
1. Subscriber represents and warrants that all the information and data provided to UL by the Subscriber or on
the Subscriber’s behalf is complete and accurate and that UL may rely upon such information when testing,
investigating and establishing a UL Service for Subscriber's product.
Page 1
December 5, 2011
v. 1.15
2. In the event that any UL Service is established, Subscriber agrees that it will comply with the applicable UL
Requirements at all times including (a) the description, specifications, and requirements contained in the
Procedure; (b) the published Standard(s), if any, applicable from time to time to the covered product; and
(c) the performance requirements applied as a condition of UL Service.
E. UL Marks
1. The prescribed Mark or marking shall be used only at the authorized manufacturing location(s) on such
products which have been investigated by UL to published requirements, are manufactured under UL’s
Listing, Recognition, Classification and Follow-Up Service and which comply with the Follow-Up Service
Procedure and any other applicable UL requirements.
2. Subscriber acknowledges that UL is the owner of registered Marks. Subscriber assumes full and complete
responsibility for the Subscriber’s use of the Marks. Subscriber agrees that it will, through proper inspection
or otherwise, determine that products bearing the Marks have been made in compliance with UL's
Requirements. Subscriber agrees that the Subscriber’s use of the Marks constitutes the Subscriber’s
declaration that the products are covered by UL Service and have been made in compliance with UL's
Requirements.
3. UL's representatives shall have the right, on demand, to acquire possession of any or all unused labels,
markers, or other means of applying the Marks when, in the opinion of UL's representative, that action is
warranted.
F. Termination of Certification
The certification of the product will continue until terminated. UL may elect to terminate use of the UL Mark if
the Subscriber fails to comply with UL's requirements, including ongoing compliance of the product under UL's
Follow-Up Service. Either party may terminate the certification of the product, with or without cause, at any time
as specified in the applicable agreements. Any termination notice shall specify the proposed termination date.
G. Subcontracting
UL may, in UL’s sole discretion, subcontract testing or other services. All subcontractors shall meet UL's
current qualification requirements and comply with UL's requirements for confidentiality, conflicts of interest and
ethical standards.
H. Information Received by Subscriber Concerning Certified Products
1. Subscriber will promptly notify UL in writing: (i) when Subscriber notifies a relevant governmental agency of
potential field hazards, such as the notification of U.S. Consumer Products Safety Commission (“CPSC”)
pursuant to Section 15(b) of the Consumer Product Safety Act, 15 U.S.C. § 2064(b); (ii) when Subscriber’s
product fails to meet any of the following: (a) the description, specifications, and Requirements contained in
the Procedure; (b) the published Standard(s), if any, applicable from time to time to the covered product;
and/or (c) the performance requirements applied as a condition of UL Service; and/or (iii) when the
Subscriber has found or has received a report that Subscriber’s product could create a substantial hazard to
users.
2. Subscriber agrees to keep a record of all complaints made known to the Subscriber relating to any
product’s compliance with UL Requirements, and to make these records available to UL when requested.
Subscriber agrees to take appropriate action to respond to such complaints, and any noncompliance with
UL Requirements and to keep a record of such actions.
I.
Confidentiality
1. Client agrees and consents to UL sharing Subscriber’s information and data with UL’s subsidiaries,
affiliates, subcontractors or third parties, in order for UL to: (i) perform the certification services; or (ii) act in
the interest of public safety. Subscriber further represents and warrants that all information and data
provided to UL by Subscriber are properly owned or licensed by Subscriber, do not infringe upon the
intellectual property rights of any third party, and that Subscriber is allowed to provide such information to
UL without restriction.
2. UL agrees not to voluntarily disclose secret information obtained in confidence from Subscriber to third
parties without Subscriber's prior written authorization unless the information is already known to UL,
publicly available, or subsequently acquired from other sources. Disclosure of such information is also
allowed when required by law; in such cases, the Subscriber will be informed of the disclosure as permitted
by law.
Page 2
December 5, 2011
v. 1.15