This Digimarc Level Service Agreement – Factory Network for Apparel (“FNA SLA”) provides for the deployment and production operation of the Factory Network for Apparel product (“Factory Network for Apparel”) within a Customer cohort of Activation Partners.
This FNA SLA is incorporated into the Master Terms. The defined terms below are applicable to the FNA SLA. All definitions used and not defined herein will have the meanings set forth in the Master Terms.
This Digimarc Services Level Agreement – Factory Network for Apparel was last updated on 02SEP2022.
Definitions
“Activation Partner” is a single factory or manufacturing site in which Factory Network for Apparel is deployed to enable commissioning of Digital Identities to Customer Products and Digital Tags.
“Authorized Third Party” means a third-party supplier, including but not limited to print service providers, under contract with Customer to provide labels or product tags or similar services in relation to Customer Products and that is provided authorisation by Customer to access Factory Network for Apparel for the purposes of Customer’s use thereof.
“Business Hours” means Monday to Friday 9:00 AM to 5:00 PM Eastern Standard Time (excluding US federal holidays)
“Certified Hardware” means the hardware (such as mobile devices, tablets, and scanners) authorized by Digimarc for operation of Factory Network for Apparel and which meets the minimum hardware and software specifications as published by Digimarc from time-to-time to Customers and Activation Partners.
“Case” means a case within the Digimarc Helpdesk that is associated with each Defect. Each Case will be assigned a unique identifier which will be used by all parties to ensure that communications and updates are tracked. The Digimarc Helpdesk, and thus the Case, will be made available by Digimarc to all parties.
“Defect” means a problem or issue that is affecting the normal functioning, availability, or performance of the Factory Network for Apparel product and that may be caused by the Digimarc® Illuminate platform, Customer Application, Customer Product, any third-party services authorized by Customer to use the Digimarc Illuminate platform, the Licensed Software, or the devices, products, applications or actions of Customer or its Authorized Third Parties.
“Defect Correction” means a resolution of the Defect at one or more of the Support Levels, which establishes material conformity of Factory Network for Apparel to its functional, availability and performance specification.
“Digimarc Helpdesk” is the service provided by Digimarc to manage ticketing workflows for Activation Partner configuration and live support across all Support Levels.
“Master Terms” means the agreement between Digimarc and Customer referencing this FNA SLA.
“Support Level” means the subdivision into tiers of the parties involved in provision of support for in-factory configuration and live operation of Factory Network for Apparel.
Responsibility for deploying a Customer cohort of Activation Partners to the Digimarc global network is as follows:
|
OWNER |
RESPONSIBILITY |
|
ACTIVATION PARTNER |
Nominate one key factory contact to work with Digimarc through onboarding. Ensure production floor has access to a reliable wireless internet network (“Wi-Fi”) and space to set up activation hardware (e.g., tablet and barcode scanner). Purchase, install, and test Certified Hardware, Customer’s instance of Factory Network for Apparel and Customer’s Digital Tags. |
|
DIGIMARC |
Perform Customer Data integration contracts for deployment by Customer or its Authorized Third Party. Maintain Digimarc Helpdesk for configuration and testing workflows for each Activation Partner. |
|
CUSTOMER |
Define the Customer cohort of Activation Partners and their onboarding sequence, supply Customer Products and Digital Tags, and maintain Customer Data integrations. |
|
AUTHORIZED THIRD PARTY |
Digital Tags applied to Customer Products. Label testing and quality assurance to the required ISO/IEC grading standard. Provide Customer Data integration services. |
Digimarc will apply commercially reasonable efforts to deploy an Activation Partner to production readiness within the following timeframes, provided that the Activation Partner and Authorized Third Party must fulfil hardware and label orders to meet this deployment commitment:
- Four weeks where Customer identifies an existing Activation Partner on the Digimarc global network
- Six weeks where Customer identifies a new Activation Partner to the Digimarc global network
Support Levels
Responsibility for support and resolution of issues experienced relating to production operation of Factory Network for Apparel is described in the following Support Levels:
|
LEVEL |
OWNER |
RESPONSIBILITY |
|
L1 |
ACTIVATION PARTNER |
Provide Certified Hardware – for example, the tablet, mobile device or scanner – on which Factory Network for apparel is accessed and operated and reliable Wi-Fi accessible on the production floor. |
|
L2 |
DIGIMARC |
Provide Activation Partner support for production operation of Factory Network for Apparel. Provide support to Customer in resolving data and data integration issues impacting the same. |
|
L3 |
CUSTOMER |
Source data residing within Customer systems, for example ERP. Provide the data integration solution, where deployed by Customer or an Authorized Third Party. |
|
L4 |
AUTHORIZED THIRD PARTY |
Provide integration monitoring and support for Customer Data. Provide ongoing fulfilment of Digital Tags to required ISO/IEC grading standard. |
Digimarc Helpdesk & Defect Response Process
Support and resolution of Cases raised by Activation Partners (L1) will be handled according to a ticketing workflow published between Digimarc (L2), Customer (L3) and Authorized Third Party (L4). Tickets must be raised by the Activation Partner within the Digimarc Helpdesk. During resolution, all Support Level owners will supply in English any additional information reasonably requested by Digimarc and make appropriate resources available to assist in timely problem verification and resolution. Digimarc is responsible for triaging and managing Digimarc Helpdesk tickets according to the specified ticketing workflow (if any). The Activation Partner shall submit a Severity Level assessment for each Case. Each Support Level will provide escalation support contacts in the event of failure of the Digimarc Helpdesk support channel to resolve the Defect.
Severity Levels
Cases raised within the Digimarc Helpdesk will be classified and triaged by Digimarc according to the following Severity Levels:
|
SEVERITY |
DESCRIPTION |
CLASSIFICATION |
|
S1 |
The Case prevents operation of the Factory Network for Apparel service entirely. No procedural workaround for the Activation Partner is available. |
Critical |
|
S2 |
The Case impacts major functionality of Factory Network for Apparel resulting in service degradation with a high negative impact on Activation Partner operations. No reasonable workaround exists. |
Major |
|
S3 |
The Case involves the partial, non-critical loss of Factory Network for Apparel with a medium-to-low impact on operations, but the process continues to function. Short-term workaround is available but cannot be scaled. |
Minor |
|
S4 |
The Case has no service impact and instead concerns general questions, enhancement requests, or documentation issues. |
Trivial |
Response & Resolution Times
Customer and Digimarc will apply all commercially reasonable effort to provide support consistent with the response and resolution targets set forth below:
|
Severity |
Support Availability |
Initial Response |
Resolution Target |
|
S1 |
24 hours a day, 7 days a week |
Reply within 1 hour |
Defect Correction or Workaround within 4 hours |
|
S2 |
24 hours a day, 7 days a week |
Reply within 4 hours |
Defect Correction or Workaround within 24 Business Hours |
|
S3 |
Business Hours |
Reply within 24 Business Hours |
Defect Correction or Workaround within 48 Business Hours |
|
S4 |
Business Hours |
Reply within 48 Business Hours |
Acceptance/rejection of feature within 30 days with confirmed target Release date |
General Terms
- Digimarc reserves the right to amend the FNA SLA from time to time at its discretion provided that such amendments shall not reduce the scope of service or quality of service previously provided to Customer.
- This SLA is applicable to the Factory Network for Apparel product module and associated Customer-specific elements which enable commercial operation, including Customer Products, Customer Applications, Digital Tags, any Authorized Third Party services, any data and code elements originated by Customer and placed within Customer’s Digimarc Illuminate platform account, and any meta-data and configurations of Customer’s Digimarc Illuminate platform account and associated software tools undertaken by Customer.
- Digimarc reserves the right to amend the list of Certified Hardware compatible with Factory Network for Apparel at any time and for any reason, including due to security concerns, deprecation of OS versions, withdrawal from sale of hardware, device-specific hardware or software bugs, or situations where continuing to support that hardware would have an adverse effect on the operation of the Digimarc Illuminate platform, the Factory Network for Apparel product module, or the integrity of Customer Data or operations. Digimarc will endeavor to provide a 60-day notice period before support for specific hardware or software is deprecated.
- Digimarc maintains the right to cease, cancel, or increase pricing for support services with a specific Activation Partner if the Activation Partner materially breaches its obligations under the Activate App EULA and fails to cure that breach within a reasonable time.
- Digimarc maintains the right to cease, cancel or increase pricing for support services pertaining to a specific Authorized Third Party operating as Customer’s print service provider if that Authorized Third Party fails to comply with the following ISO/IEC grading standards for Digital Tags or fails to cure such breach within a reasonable time:
- For 1D codes such as GS1-128, a symbol grade of C or higher based on the ISO/IEC 15416 standard
- For 2D codes such as QR and DataMatrix, a symbol grade of C or higher based on the ISO/IEC 15415 standard
- Use by Customer or Activation Partners of any component of Factory Network for Apparel provided by Digimarc that is designated alpha release, beta release, for developer preview or for testing, or descriptions of a similar import, is excluded from this Factory Network for Apparel SLA.
