AFIRM Test Request Form
AFIRM Test Request Form (TRF) Template
The AFIRM Test Request Form (TRF) Template is available as a fillable PDF with drop down lists and radio buttons included wherever possible to facilitate completing the form. Reference is made to the various test packages as described within the AFIRM RSL according to either the full AFIRM Testing Matrix or to test packages for defined material types from within the Testing Matrix. “AFIRM Test Level” refers to the Level 1 or Level 2 designations in the AFIRM Testing Matrix included in the AFIRM RSL. It is at the discretion of the brand to select whether and which level is required for testing.
For feedback you would like to share on the TRF please use the “Contact” form available at the AFIRM website. All constructive feedback is welcome.
TEST REQUEST FORM TERMS OF USE
PLEASE READ THESE TERMS OF USE (“TERMS”) BEFORE DOWNLOADING OR USING THE AFIRM TEMPLATE TEST REQUEST FORM. YOU ARE PROHIBITED FROM USING THE TEST REQUEST FORM IF YOU DO NOT AGREE TO THESE TERMS.BY CONTINUING TO VIEW OR USE THE TEST REQUEST FORM, YOU AGREE TO ALL TERMS OF USE HEREIN.
This Website (hereinafter all web pages which share the domain name “afirm-group.com” are collectively referred to as the “Website”) provides a form for download and use in submitting orders to the testing lab(s) of your choice for ordering certain product tests, known as the AFIRM Test Request Form (the “TRF”).The TRF and the Website are owned and created by AFIRM GROUP, a division of The Phylmar Group, Inc., a California corporation with offices at 10513 Santa Monica Boulevard, Los Angeles CA 90025. All references to AFIRM GROUP throughout these Terms are inclusive of The Phylmar Group, Inc.
By using the Website or downloading or using the TRF, “You” (the user, who is agreeing to these Terms on behalf of yourself and your organization) accept and agree to comply with the following terms, which AFIRM GROUP may change at any time. If we change any of these Terms, our revised Terms will be available the next time you download the TRF.
A. The TRF Provides No Recommendations, Suggestions or Opinions.
1. The TRF lists some, but not all, possible tests.Your particular situation may require tests not listed on the TRF, or render some or all of the listed tests inappropriate.No suggestions are being made for using or not using a particular test.The presence or absence of a given test on the TRF should not be viewed as an endorsement, critique, criticism or opinion about such a test.It is entirely Your responsibility to determine what testing, if any, is required, appropriate or desirable in Your situation and relating to Your products.
2. No legal, financial or consulting services are being provided when you use the Website or the TRF, and AFIRM GROUP is not giving You any sort of opinions, recommendations or advice.
3. The TRF may only be downloaded and used by brands, manufacturers, distributors, sellers, and others in the supply chain of apparel, footwear, accessories, related products, and their component materials. By clicking “agree” below and/or downloading or using the TRF, You are certifying that You meet this qualification.
4. You agree to only use a TRF that was downloaded by You within thirty (30) days prior to such use.
5. You understand and agree that AFIRM GROUP has no relationship with, endorsement of, or responsibility for any particular testing lab.It is entirely your responsibility to select an appropriate, trustworthy, and competent testing lab, and AFIRM GROUP does and will not make any recommendations in that regard.
6. The TRF may only be used for submitting a request for testing and may not be used for publishing or sharing test results or any other purpose.By way of example and not limitation, You may not use any of the Marks (as defined below) on any sort of documents, advertising, web pages, or test reports, whether provided by or to laboratories, manufacturers, customers, regulators or others.
7. Use of the TRF does not constitute a kind of certification, recommendation or approval by AFIRM Group of any sort, including without limitation, of You, test reports/results, testing labs and particular tests, and You agree never to take any action which could imply such certification, recommendation or approval.This prohibition and the one in paragraph A-6 above apply to oral, written, electronic and all other forms of communication.
8. You understand and agree that AFIRM GROUP has no control over or involvement in the testing process, and shall have no liability whatsoever for any errors or omissions in any way related thereto.
B. Ownership of the Content.
1. You agree that AFIRM GROUP owns all content appearing on the TRF or posted on the Website, which comprises text, images, audio, video, databases, designs, graphics, illustrations, user interfaces, visual interfaces, photographs, artwork, codes, ideas,and any other intellectual property (“Content”), including copyright, trademark and all other intellectual property rights in and to the Content.
2. You agree never to use the TRF except to submit requests to test apparel, footwear, accessories, related products, and their component materials to testing laboratories.No other use may be made of the TRF.
3. You agree that the words PHYLMAR, AFIRM and AG AFIRM, the AFIRM logo, and any other trademarks/service marks and Trade Dress (“Marks”) used on the TRF or Website are valid and the sole and exclusive property of AFIRM GROUP, and agree never to use such Marks, nor to challenge such validity or ownership before any court or administrative agency, nor in any other forum.
4. You agree that all copyrightable material in the TRF or the Website is the sole and exclusive property of AFIRM GROUP, and further agree never to challenge such ownership or the validity of any copyrights thereupon, before any court or administrative agency, nor in any other forum.
C. All Content is Provided Without Warranty.
AFIRM GROUP MAKES NO REPRESENTATIONS OF ANY KIND REGARDING THE TRF OR THE WEBSITE. THE TRF AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR USE, MERCHANTABILITY, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF OTHER THIRD-PARTY PROPRIETARY RIGHTS. AFIRM GROUP SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY OCCUR TO YOU OR ANY THIRD PARTY BASED ON YOUR USE OF THE TRF. AFIRM GROUP MAY UPDATE OR TAKE DOWN ANY WEBSITE OR THE TRF AT ANY TIME.
D. Indemnity
You agree to release, indemnify, defend and hold AFIRM GROUP harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to Your use of the TRF or Website.
E. Choice of Laws & Forum.
These Terms of Use and any amendments or revisions shall be governed by applicable United States Federal laws and the laws of the State of California, as appropriate, without regard to its conflict of laws principles.Lawsuits relating to these Terms of Use, the Website or the TRF or Your use thereof (“Disputes”), may be brought only before State and Federal Courts located in Los Angeles, California, and You hereby irrevocably submit yourself to the personal jurisdiction of such courts.
F. Timing of Claim.
To help resolve any Disputes between You and AFIRM GROUP promptly and directly, You and AFIRM GROUP agree that any Dispute You may have is waived unless You notify AFIRM GROUP of such dispute within one year after the events giving rise to the Dispute arose.
G. No Class Actions.
You and AFIRM GROUP agree that any Disputes will be litigated only on an individual basis and will not be consolidated with any other litigation, arbitrations or other proceedings that involve any claim or controversy of any other party.
H. Your ability to use the TRF and the Website may be terminated by AFIRM GROUP at any time without cause or advance notice, and without obligation to You or any third-party.
