WOMMA's Ethics Review Process

Disciplinary Procedures of the Word of Mouth Marketing Association

The Word of Mouth Marketing Association (WOMMA) holds the firm and resolute belief that every participant in word of mouth marketing has a vested interest in preserving its integrity. WOMMA is committed to developing, communicating and promoting best practices in the ethical conduct of word of mouth marketing throughout the industry.

WOMMA expects its members (and those companies applying for membership) to set an example of high ethical standards for word of mouth marketing. WOMMA members must adhere to the WOMMA Ethics Code of Conduct, WOMMA’s Bylaws, and all other WOMMA policies, rules or regulations.

Disciplinary Process

Infractions of WOMMA’s Ethics Code of Conduct, WOMMA’s Bylaws, or any of WOMMA’s policies, rules or regulations is misconduct for which WOMAA may take appropriate disciplinary action (as described below). .

As stated above, WOMMA members are expected to set an example of high ethical standards for word of mouth marketing. Should a WOMMA member engage in activity, either directly or through its agents, consultants or affiliates, that violates WOMMA’s Ethics Code of Conduct, WOMMA’s Bylaws, or any of WOMMA’s policies, rules or regulations such member may be subject to discipline in accordance with this policy.

The following procedures shall govern any disciplinary proceeding conducted to consider alleged violations of WOMMA’s Ethics Code of Conduct, WOMMA’s Bylaws, or any of WOMMA’s policies, rules or regulations.

I. The Complaint and Initiation of Proceedings

1. Complaints against members may only be submitted by members in good standing and must be submitted within a reasonable period of time after the occurrence of the alleged act. Complaints shall be submitted in writing to WOMMA’s Chief Executive Officer and signed by the complaining party. Complaints must include: (i) an authorization by the complainant(s) to forward the complaint to the involved member and/or any third parties the MEAP deems relevant; (ii) a description of the alleged violation; and (iii) specific references to the activities or conduct supporting the complaint.
2. TUpon receipt, the CEO shall refer the complaint to the Chair of the WOMMA Membership Ethics Advisory Panel (MEAP). In consultation with the CEO and legal counsel, the Chair of the MEAP shall review the complaint to determine whether to call a meeting of the MEAP to consider the complaint. If the Chair determines that the complaint warrants such consideration, he or she shall call a meeting of the MEAP. If the Chair, in consultation with the CEO and legal counsel, determines that the complaint does not warrant such consideration, he or she shall so notify the complaining party and the CEO, and the matter will be closed.
3. If the matter is referred to the MEAP, the MEAP shall determine whether the complaint warrants a full investigation. If the MEAP determines that the complaint does not warrant a full investigation, the Chair shall so notify the complaining party and the CEO, and the matter shall be closed. If the MEAP determines that the complaint does warrant a full investigation, the Chair shall notify the affected member that a complaint has been filed, that an investigation will be conducted, and that the member shall be advised of the results. The notice shall be sent by overnight, registered, or certified mail, return receipt requested, to the affected member at the address listed for the member in WOMMA’s records. The Chair shall further notify the President and the CEO that an investigation is in process.

II. Investigation and Hearing

1. In conducting the investigation, the MEAP may obtain the assistance of WOMMA Staff and consult with WOMMA legal counsel whenever in its judgment such consultation is necessary or appropriate, subject to approval by the CEO. In addition, the MEAP may contact the complaining party, the affected party, and other relevant parties to obtain additional information, as necessary.
2. The MEAP may, but need not, conduct a hearing as part of its investigation; provided, however, that no adverse action shall be taken against an affected member without having first afforded the member the opportunity for a hearing before the MEAP.
3. If the MEAP determines that a hearing is not warranted, the Chair shall notify the affected member (by overnight, registered, or certified mail, return receipt requested), the complaining party, the President, and the CEO, and the matter shall be closed
4. During the hearing, the affected member shall have full access to the evidence against him or her, and shall have the right to: (i) appear at such hearing in person, with legal counsel if desired; (ii) rebut the information produced by the MEAP; (iii) present witnesses; and (iv) submit pertinent evidence.
5. An affected member who fails to attend a hearing shall be deemed to have waived its right to appear.
6. The MEAP may have legal counsel present at any such hearing to advise on issues of procedure and, under appropriate circumstances, to present the MEAP’s position on a disciplinary matter.
7. A hearing may be postponed, recessed, or reconvened for good cause in the sole discretion of the MEAP.

III. Recommendation

1. If the MEAP determines that disciplinary action should not be taken, the matter shall be closed.
2. If the MEAP determines, by a two-thirds vote of the entire panel, that the affected member has engaged in activity in violation of WOMMA’s Ethics Code of Conduct, WOMMA’s Bylaws, or any of WOMMA’s policies, rules or regulations, the MEAP shall recommend to the Board of Directors that disciplinary action be taken against the affected member. Such recommendation shall be in writing and shall set forth the MEAP’s findings and recommended disciplinary action.
3. The affected member shall be provided with a copy of the MEAP’s recommendation and shall have the right to have the Board of Directors review the MEAP’s recommendation.
4. The Chair of the MEAP shall notify the following individuals of the MEAP’s recommendation: the affected member (by overnight, registered, or certified mail, return receipt requested), the complaining party, the President, and the CEO. Further, the Chair shall notify the affected member of the procedures for requesting a Board of Director’s review.
5. If no written request for review is received by WOMMA within thirty (30) days after the MEAP notifies the member of its recommendation and the member’s right to a review, the decision shall be final and implemented by the Board of Directors.

IV. Board of Directors Review

1. If a request for Board of Director’s review is submitted, the Board, in a timely fashion, shall review the findings and recommendations of the MEAP based only on the evidence upon which the recommendation was based.
2. The affected member shall be given at least thirty (30) days’ notice of the time and place of the meeting at which the Board of Directors will consider the request. Such meeting may be held via conference call or other communications equipment by means of which all persons participating in the meeting can communicate with each other. The effected member shall have the right to appear before the Board in person and/or be represented by counsel to present reasons why the MEAP’s recommendation should not be accepted.
3. The Board of Directors may have legal counsel present at any such hearing to advice on issues of procedure and represent WOMMA’s interests in the disciplinary matter.
4. Upon the conclusion of its review, the Board of Directors shall affirm, overturn, or modify the recommendation of the MEAP. The action of the Board of Directors shall be final.
5. The President shall notify the following individuals of the Board of Director’s decision: the affected member (by overnight, registered, or certified mail, return receipt requested), the complaining party, the Chair of the MEAP, the CEO, and others as appropriate.

V. Forms of Discipline

The MEAP shall consider the following factors in determining appropriate disciplinary action:

• Whether the action was intentional.
• Whether the member appreciates the consequences of the action.
• The severity of the violation.
• Whether the member has existing, appropriate, and applicable policies and procedures.
• Whether the incident was an isolated event resulting from the actions of an individual employee, or an action supported by management.
• If there is a pattern of inappropriate actions or if the incident was a single mistake.
• The cooperation of the member and its commitment to correcting the problem.

The disciplinary measures which may be imposed upon a member may include, but are not limited to, one or more of the following:

1. Notice of Corrective Action: A notice detailing the violation, including recommended steps to prevent a similar violation(s) in the future. Such notice