GLOBAL PERSONNEL SUITABILITY REQUIREMENTS

These requirements apply to vendors, contractors, suppliers, licensors or other providers (each referred to as “Supplier”) of software, goods, or services (each referred to as “Services”) to Amazon.com, Inc. or any of its subsidiaries (collectively, “Purchaser”). Supplier will comply with this addendum when evaluating whether a member of Supplier’s personnel, including any subcontractors engaged by Supplier (an “Individual”) may be assigned to provide Services to Purchaser. This addendum is expressly limited to decisions regarding an Individual’s eligibility to perform Services for Purchaser. Nothing in this addendum imposes any obligation on Supplier to make any employment decision, such as any hiring or termination decision. Further, nothing in the addendum prevents Supplier from assigning Individuals, who do not satisfy this addendum’s requirements, to provide services to Supplier’s other clients.

1. PURCHASER’S REQUIREMENTS.

1.1 A “Contingent Worker” is any individual who provides services to Purchaser (A) whose payroll employer is not Purchaser or who provides personnel to Purchaser and who is therefore not an employee of Purchaser, and (B) whose performance of Services to Purchaser results in Purchaser providing Individuals with an Amazon badge for unescorted physical building access, systems access (e.g., VPN or similar remote access, issuance of Amazon laptops or emails) or access to customers, including but not limited to the homes of Purchaser’s customers. 

1.2 In accordance with applicable laws, before Supplier assigns, extends, or renews a Contingent Worker’s assignment to perform Services, or otherwise assigns a Contingent Worker a role to which they were not assigned, Supplier will complete the following tasks:

(A) Verify that Contingent Worker has a valid work authorization for any assigned work location for the entire duration of Services to be performed at Purchaser;

(B) Verify whether Contingent Worker worked for Purchaser previously as an employee or in a Contingent Worker relationship. If there is a prior relationship, Supplier will then verify with Purchaser that Contingent Worker has not been previously removed from employment or a prior assignment for cause and is eligible for assignment;

(C) Purchaser has the right to require Contingent Workers to execute the NDA attached in Exhibit A or, in its discretion, require that the Supplier obtain such executed NDA from each Contingent Worker on behalf of Purchaser prior to commencement of assignments.

(D) Develop, maintain, and train Contingent Workers with respect to, policies compliant with applicable laws regarding (a) workplace harassment; (b) anti-discrimination; (c) workplace health and safety, incorporating all requirements of Purchaser where applicable; and (d) disability or religious accommodations; and provide Purchaser certification or the training transcript of Contingent Worker, upon request; and

(E) Provide Contingent Worker’s date of birth and last four digits of Social Security Number (or local equivalent) for purposes of use in Purchaser’s worker management system.

1.3 Except as prohibited by applicable laws, before an individual is engaged as a Contingent Worker, Supplier will ensure that the individual (A) is 18 years of age or older; (B) is able to meet the physical demands of the Services, including, if applicable, with reasonable accommodations; and (C) can read and write sufficiently to perform the tasks associated with the Services, including, if applicable, with reasonable accommodations. 

1.4 Supplier will not permit any Individual who is the target of sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of the Treasury’s Specially Designated Nationals List and Foreign Sanctions Evaders List and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authorities, to be engaged as a Contingent Worker. Supplier agrees that, before assigning an Individual from “Country Group E” as designated within the Export Administration Regulations (“EAR”), U.S. Code of Federal Regulations, Title 15, Supplement No. 1 to Part 740, and any amendments thereto, to perform Services for Purchaser, Supplier shall notify Purchaser of its intention to do so in writing and shall confirm with Purchaser that the Group E Individual has received the appropriate license authorization. Purchaser reserves the right to further restrict nationalities to comply with additional applicable local laws or specific contractor requirements.

2. PROCEDURES.

2.1 Background Check

A. Subject to all applicable laws.

Supplier will be required to conduct background checks on all Contingent Workers before each assignment. Such background check will be conducted through Purchaser’s Preferred Provider(s) by way of establishing a subaccount (any such preferred provider identified by Purchaser to Supplier, a “Preferred Provider”) and according to Purchaser’s required screening components, which will be delineated by Purchaser through specified packages accessible through Purchaser’s Preferred Providers. Purchaser may change its Preferred Provider(s), as well as amend or revise its required screening components, at any time. Subject to applicable laws, Purchaser has the right to access the background check reports that Supplier obtains on all Contingent Workers pursuant to this Section at any time. 

Supplier agrees that Supplier will use the disclosure and authorization forms provided by Purchaser and/or Purchaser’s Preferred Provider(s). 

For cases specified as “Needs Review,” Supplier will evaluate a Contingent Worker’s eligibility to perform the Services by conducting an individualized assessment that takes into account the following factors, as well as any other factor Supplier considers relevant to its eligibility determination: (i) the nature, severity, and recency of any criminal record reported, when applicable, on the background check report; (ii) the duties and responsibilities of the services that the Contingent Worker will provide Supplier; and (iii) any additional factors that must be considered under applicable law. 

B. Compliance with Applicable Laws.

i. If applicable, Supplier should consult with its own legal counsel to determine how to comply with country, federal, state, county, and city and local laws and regulations that pertain to an employer’s use of criminal history information in making employment decisions. 
ii. Drug Testing Before taking any adverse action against a Contingent Worker based on any information collected during the background check process, Supplier should consult with its own legal counsel to determine its obligations under applicable laws.

2.2 Drug Testing.

Before taking any adverse action against a Contingent Worker based on any information collected during the background check process, Supplier should consult with its own legal counsel to determine its obligations under applicable laws. Supplier will not permit a Contingent Worker to provide Services while under the influence of any substance that may impair the Contingent Worker’s cognitive or motor function. Subject to applicable laws and in accordance with the procedures below, if Supplier is providing services in a jurisdiction where Purchaser has an active drug testing program, Supplier will test Contingent Workers for unauthorized substance use if the Services provided by the Contingent Worker include either (A) tasks that reasonably pose risk of causing physical harm to the Contingent Worker or others, (B) maintaining, operating, or accessing powered or heavy equipment, motor vehicles, or high voltage areas, (C) tasks that reasonably create a likelihood of in-person interaction with any of Purchaser’s customers at a customer’s home, or (D) any position that has access to pharmaceuticals or any position that requires access to and manipulation of medical information of our customers. 

Although drug and alcohol screening is not required for a Contingent Worker whose services do not involve the tasks set forth above, Supplier is required to ensure that all Contingent Workers can safely and competently provide the Services requested by Purchaser. Before assigning a Contingent Worker to perform services listed above, Supplier agrees to confirm with Purchaser whether Purchaser has an active drug testing program in the jurisdiction where such services will be performed and if they are providing Services in such jurisdiction, then the Supplier shall establish a drug and alcohol screening program that meets the following minimum requirements, as permitted by applicable laws: 

A. Supplier will conduct a drug test on any Contingent Worker providing the services listed above in Section 2.2 before allowing the Contingent Worker to perform such services. The pre-assignment drug test: 

i. Must screen for the following substances, unless otherwise specified in writing: amphetamine, cocaine, methamphetamine, opiates, and phencyclidine. Unless instructed by Purchaser, Supplier’s pre-assignment drug test does not need to screen for tetrahydrocannabinol or “THC.” 

ii. Must be conducted, and the result must be confirmed in accordance with applicable legal requirements, before the Contingent Worker begins providing such services. 

iii. Must be performed no more than 120-days before the date on which the Contingent Worker will start their assignment with Purchaser. Any drug test performed before 120-day period will not be effective for purposes of Supplier’s compliance with this Section.

B. In addition to pre-assignment screening, Supplier will develop and implement policies and processes for: 

i. Random drug testing of Contingent Workers, if applicable law permits. Unless instructed by Purchaser, Supplier’s pre-assignment drug test does not need to screen for tetrahydrocannabinol or “THC”; 

ii. Post-accident drug and alcohol testing of Contingent Workers, in accordance with applicable legal requirements; and as permitted by applicable law, 

iii. Reasonable suspicion drug and alcohol testing for Contingent Workers, shall include a screen for marijuana/THC when there is a reason basis to believe the contingent worker was impaired while performing the Services in accordance with applicable legal requirements. 

C. Before performing any drug or alcohol screening, Supplier will make all disclosures and obtain all consents required by applicable laws. 

D. Supplier will test urine or saliva samples at an independent certified testing agency. 

E. Prior to sharing or disclosing any drug or alcohol test results to Purchaser, Supplier will make disclosures and obtain all consents required by applicable laws. 

3. STRICT COMPLIANCE; RIGHT TO DISCHARGE; RIGHT TO TERMINATE.

A. If Purchaser reasonably believes that Supplier has breached any of its obligations pursuant to this addendum, Purchaser may provide Supplier with notice of the perceived breach. Upon receipt of such notice, Supplier will have five business days to perform an internal audit and respond to Purchaser’s notice. Should Supplier’s response to Purchaser’s notice indicate that Supplier breached any of its obligations pursuant to this addendum, Purchaser shall have the right to request that Supplier remove the Contingent Worker from the assignment with Purchaser. Supplier shall remove such Contingent Worker from the assignment within the period requested by Purchaser and, upon such removal, Supplier shall replace such Contingent Worker as soon as practicable, if required by Purchaser. 

B. Supplier’s failure to strictly comply with the requirements of this addendum, including promptly responding to any Purchaser notice of perceived breach, will constitute a material breach of the Agreement.

4. COMPLIANCE WITH LAWS; EFFECT OF ADDENDUM.

Notwithstanding any terms of this Addendum, Supplier will independently ensure that its processes comply with all applicable laws and, in the event of any conflict between this Addendum and such laws, such laws shall govern. Further, nothing in this addendum is intended to modify the parties’ business relationship as an independent contractor to Purchaser, as described further in the agreement between the parties. In the event of any conflict between this addendum and such applicable laws, such laws shall govern, e.g., applicable European laws include 2016/679 (European Data Protection Regulation). 

 

Exhibit A – Confidentiality Agreement

In connection with you performing services at an Amazon facility, you may see or receive information about Amazon.com, Inc, its subsidiaries, and/or other affiliates (collectively “Amazon”) that is not known to the general public. We refer to this information as “Confidential Information”. Confidential Information includes, among other things, information about our technology, facilities, assets, systems, customers, vendors, employees and other personnel, business plans or finances, as well as any other information that reasonably could be considered confidential. Confidential Information may be obtained in presentations, reports, drawings, data, specifications or computer programs, or it may be general information that you hear or otherwise obtain in a meeting or presentation.

It is critical that our Confidential Information is protected; any unauthorized use or disclosure may cause substantial and irreparable harm to Amazon. To that end, your company has signed a legally enforceable nondisclosure agreement that restricts your company from disclosing our Confidential Information and holds it responsible for your own wrongful disclosures. Without amending, limiting, or otherwise affecting that agreement, you agree that:

• all Confidential Information will remain Amazon’s exclusive property;

• you will not use Confidential Information for any purpose whatsoever, except in connection with the services that you are providing to Amazon;

• you will not disclose Confidential Information to any other person or company, except employees of your company who have a need to know the specific Confidential Information and have also signed this Confidentiality Agreement with Amazon;

• you will not remove any Confidential Information from Amazon property, except as expressly authorized in writing by an authorized agent of Amazon;

• you will tell us immediately if you discover any unauthorized use or disclosure of Amazon’s Confidential Information; and

• you will return to Amazon or, if requested by Amazon, destroy and/or delete any and all materials containing Confidential Information at the end of your assignment, or earlier if requested.  

 

ACKNOWLEDGED:

Signature:____________________________________________________

Printed Name:________________________________________________

Title:________________________________________________________

Employer:____________________________________________________

Date:_______________________________________________________