HARASSMENT POLICY: "NO TOLERANCE"

PURPOSE: This Policy establishes and communicates Upstream International, LLC's, (the Company), policy prohibiting harassment. The Company believes that all Employees should be treated with dignity and respect. It is the policy of the Company to provide a work environment which is free from harassment. The Company prohibits all forms of harassment of its Employees or Consultants by other Employees, Consultants, or Customer Representatives or other members of Management. It is the responsibility of every Employee, Consultant and member of Management to cooperate in reaching this goal. Harassment is considered a serious act of misconduct and may subject an Employee or Consultant to disciplinary action including immediate discharge. As used in this Policy, the term "harassment" includes sexual, racial, ethnic, and other forms of harassment, including harassment based upon disability.

Some examples of what may be considered harassment, depending on the facts and circumstances, include the following:

  1. Verbal or written harassment. For example, unwelcome or derogatory comments regarding a person's race, color, sex, religion, ancestry, ethnic heritage, mental or physical disability, age, appearance or other classification protected by Law: threats of physical harm; or the distribution, including by mail or other electronic media, or display in any Company or Customer work area, of written or graphic material having such effects.
  2. Physical Harassment. For example, hitting, pushing or other aggressive physical contact, touching or threats to take such action, or inappropriate gestures.
  3. Sexual Harassment. For example, unwelcome sexual conduct, whether verbal or physical, including, among other things, sexual advances, demands for sexual favors, or other verbal or physical conduct of a sexual nature, whether or not it was designed or intended to promote an intimate
  4. Racial Harassment. For example, unwelcome or derogatory comments regarding a person's race, color, ancestry or ethnic heritage; or distribution, including email or other electronic media, or display in any Company work area, of written or graphic material having such effects.

It is not considered harassment of any sort for supervisors and other members of management to enforce job performance and standards of conduct in a fair and consistent manner. Employees who violate this Policy against harassment will be subject to disciplinary action at the discretion of the Company, up to and including suspension and termination of employment. Consultants will be terminated under the terms of their contract with the Company.

Supervisors and other members of management who fail to report violations by others of which they become aware, also will be subject to disciplinary action, up to and including suspension and termination of employment.

PROCEDURE:

Any Employee or Consultant who believes she or he is being harassed should consider telling the offending party that she or he objects to that conduct. This often solves the problem. However, if an Employee or Consultant is not comfortable confronting the offending party (or if the offending party's unwelcome conduct continues) the Employee or Consultant should advise his or her immediate supervisor of the offending conduct. If the Employee or Consultant is more comfortable discussing the issue with someone other than his or her immediate supervisor, or if the immediate supervisor has not taken what the Employee or Consultant regards as appropriate action to solve the problem, the Employee should contact the General Manager of the Company. All such complaints will be investigated promptly and discreetly. Employees or Consultants will not suffer adverse consequences as a result of reporting any act of harassment, including sexual harassment.

Signature of UPI President


Understood and Agreed.