The purpose of this Anti-Counterfeit Policy (this “Policy”) is to define actions to be taken by Arista Networks (“Arista”) for the avoidance of the introduction of counterfeit materials into the supply chain for its finished products. This Policy also addresses measures that are taken to avoid the sale of counterfeit Arista products into the marketplace.
This Policy covers items acquired by Arista either directly or through its contract manufacturers. It applies to the parts and components that comprise Arista’s end-products.
STATEMENT OF POLICY
Arista will not knowingly, and shall take all reasonable steps to ensure that it will not, procure, use, or supply any counterfeit item or material. Arista shall implement certain procedures as detailed below to manage the risk of counterfeit material in the supply chain. All Arista staff shall follow this Policy and associated anti-counterfeit management plans and promote awareness of the issues concerning counterfeit material in Arista’s supply chain.
ARRANGEMENTS FOR MANAGEMENT OF RISK
Arista shall mitigate the risk of acquiring counterfeit material by undertaking the following steps:
Approved Supplier List - Arista provides its contract manufacturers with a list of preferred suppliers that it has prescreened for quality and security purposes (the “Approved Supplier List”) and requires its contract manufactured to purchase all parts and components from vendors on this list.
Assessment – of likelihood and criticality of encountering counterfeit materiel in the supply chain for a particular product, part, or application; taking into account the criticality of the material in relation to performance and safety and the geo-political region from which it is sourced.
Avoidance – through application of Arista’s supplier selection process and Approved Supplier List, Arista will only acquire products and services from known, reputable and traceable sources. The business policy is to purchase directly from the original manufacturer whenever possible and to flow down the requirement to manage counterfeit material where risk is identified.
Certification – by requiring our contract manufacturers to certify on a regular basis that all purchases of parts, components and testing equipment is only from vendors on Arista’s Approved Supplier List.
Detection – by inspection of goods and materials, any new or potentially risk-bearing suppliers will have their supplied goods inspected. In addition, all goods inwards staff and technicians will be required to be vigilant for counterfeit material using their experience, training and awareness.
Elimination – any instances of counterfeit material will result in quarantine of the items and reporting of detected instances to the customer, industry, and the appropriate authorities. Counterfeit material will not be returned to the supplier. Instances of counterfeit material detection shall be communicated to the intellectual property right holder as known, the supplier, the customer if in receipt, relevant organizations, relevant authorities, including the Trading Standards Office if the occurrence is in the UK.
Testing - by requiring Arista’s contract manufacturers to test and verify suspected counterfeit material on a case-by-case basis commensurate with risk and criticality in relation to safety and performance and report all instances of counterfeit materials to Arista.
ROLES & RESPONSIBILITIES
This Policy will be maintained by Arista’s Vice President of Manufacturing or such other person as Arista’s Chief Executive Officer may designate from time to time (“VPM”). The VPM shall ensure that the Policy is available, communicated, understood, and implemented by relevant staff members. The VPM has the responsibility and authority to ensure that the necessary measures required to manage the risk of counterfeit material in the supply chain are implemented and maintained by the company.
Arista’s contract manufacturers must test and verify suspected counterfeit material on a case-by-case basis commensurate with risk and criticality in relation to safety and performance. All instances of counterfeit materials must be reported to Arista.
COMPETENCE, TRAINING, AWARENESS & COMMUNICATION
All staff that are involved in the procurement, design or manufacturing process shall receive Anti Counterfeit Training that include this Policy and its implications for Arista. The training shall be compulsory and records of training shall be maintained. This Policy shall be available to all staff through publication on the Arista Intranet. This Policy shall be made available to third parties on request and published on the Company website (https://www.arista.com/en/support/product-documentation/policies)
ARISTA BRAND PROTECTION
Arista takes measures to avoid the misrepresentation of its material by others. These measures include, among other things:
- Arista applies unique serial numbers on all manufactured products.
- Arista utilizes unique trusted platform module (TPM) chips to deter counterfeiting of select hardware products.
- Arista actively enforces its registered trademarks against manufacturers and suppliers of counterfeit materials.
- Arista controls production, packaging, and documentation to avoid misrepresentation of its products in the supply chain.
- Arista controls the production processes to prevent the misappropriation of material or unauthorized production overruns
- Arista’s channel agreements strictly prohibit the sale or distribution of counterfeit Arista products by our partners.
APPENDIX A: Standards Referenced In This Policy
- Defense Standard 05-135 Avoidance of Counterfeit Materiel