Terms and conditions of the ”Family Business”

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Family Businesses Foundation

Terms and conditions

of the ”Family Business” joint trademark authorised use

Pursuant to section 137, subsections 1 and 2 of the Industrial Property Act established the June 30 2000 (consolidated text in the Journal of Laws 2013 item 1410) the Fundacja Firmy Rodzinne (the Family Businesses Foundation) uses the joint guarantee trademark.

§1

The Terms and Conditions (hereinafter referred to as „Terms”) establish the rules of the Family Business Tree trademark (hereinafter referred to as the „Brand”) acceptable use.

§2

  1. The trademark is owned and administered by the Fundacja Firmy Rodzinne (hereinafter referred to as the Foundation) with its registered seat in Wronki, Ćmachowo 64-510, entered into the National Court Register of Associations, Other Social and Professional Organisations, Foundations and Public Health Care Institutions and into the Entrepreneurs Register kept by the District Court Poznań – Nowe Miasto, IX Division of the National Court Register under No 0000400985, REGON number 301962134, NIP (business tax ID) number 7792401591.
  2. The Brand pattern constitutes the attachment n.1 hereto.

§3

  1. The Foundation may grant the right to use the Brand to entrepreneurs if they comply with these Terms and Conditions and apply the rules herein. An entrepreneur constitutes self-employed natural persons, partnerships and commercial partnerships and companies.
  2. Family Businesses, if interested, may apply for the right to use the Brand to differentiate themselves and underline the family character of their business activity, in particular regarding the products and services they provide.
  3. For the purpose of these Terms and Conditions a Family Business shall be construed as a business activity in any legal form, in which family members have at least 2 functions in the following areas:
    1. ownership,
    2. supervision,
    3. management,
    4. work.
  4. The Brand can be used by a Family Business that:
    1. provides high quality services or products,
    2. is in good financial condition (including on time payments to its business partners, to the State and local governments’ agencies),
    3. is fair towards its’ employees.

§4

  1. The right to use the Brand is decided by the Foundation Board based on the Family Business written application.
  2. A Family Business interested in using the Brand fills in an application (hereinafter referred to as the Application) on the Foundation website according to the instructions thereon.
  3. The Application includes a declaration of the lawful Brand use requirements completion.
  4. The Application also includes the Family Business consent to put their image (logo, name and location) on the Foundation’s website: www.ffr.pl and www.sieciowanie.pl (a networking portal promoting the Branded businesses), as well as includes a mailing address and at least one e-mail to enable contact with the Family Business.
  5. The Foundation has one month from the Application’s receipt to send an e-mail reply with the Board’s decision of granting, or not, the right to use the Brand.
  6. The Foundation Board researches if the Business complies with these Terms stipulations.
  7. If it is found that the Family Business does not comply with these Terms requirements, the Board decides to decline the request to use the Brand.
  8. The Board, before making its decision, may request additional information, statements and documents which prove the Business’ requirements completion, including statements and documents confirming the family character of the business (as construed herein), financial documents etc. In such a situation the time for the Board’s decision begins when said information, statements and documents are provided.
  9. The Foundation Board periodically researches if the Business complies with these Terms rules. In the situation described in the previous sentence subsection 8 stipulations are applied accordingly.
  10. If it is found that the Family Business does not comply with the rules mentioned in the previous sentence, the Board decides to withdraw the right to use the Brand. This withdrawal is sent by a registered letter to the Family Business address. A Family Business whose Brand use approval has been withdrawn is required to promptly stop using the Brand.
  11. To perform activities under subsections 6,8 and 9 a third party may be authorised by the Foundation. If a third party is authorised, a Family Business in its Application agrees to have the given data, information and documents shared with the third party.
  12. A Family Business may at any time resign from the Brand use.
  13. In case of such a resignation, a Family Business is required to, without delay, stop using the Brand.
  14. Regardless any other premises, a Family Business is required to immediately stop using the Brand if the authorised bodies decide to liquidate it or it applies for bankruptcy.
  15. A Family Business which had applied for the right to use the brand and received a positive decision also agreed to receive information about the Foundation activities. The Foundation may send the information by e-mail to the e-mail addresses given in the Application. A Family Business may give more addresses or indicate other, than primarily given addresses, however, there should be at least one mailing and one e-mail address. A Family Business may at any time withdraw its consent to receive information about the Foundation activities, however, it is synonymous with the Brand use resignation.

§5

  1. The positive decision to use the Brand means in particular giving the right to:
    1. put the Brand on the protected products or their packaging, offer and market those products, their import, export or storage in order to market them, as well as offer services marked with this Brand;
    2. put the Brand on products documents related with their marketing or related to providing services;
    3. use in promotion and advertisement.
  2. Within the copyright, the right to use the Brand for the recipient means a non-exclusive license to use the Brand in the following areas:
    1. within the scope of recording, reproducing the Brand – producing and putting on goods/products, advertising/informative materials due to a certain technique, including printing and reprography, magnetic and digital recording;
    2. within the scope of products/goods trade and their packaging labelled with the Brand;
    3. within a different, than described above, scope of the Brand use – the Brand public display and sharing in such a way that everyone can access it in a chosen place and time, however, the Brand is shared only in information, promotion, marketing and image purposes.
  3. The Brand can be put:
    1. on buildings where the Family Business activity takes place, on promotion stands, fair trade booths, posters, business cards and businesses printed materials;
    2. in any publications (brochures, bulletins, leaflets);
    3. on the products and their packaging, including a signature next to the Brand „Produced by a Family Business”.
    4. on websites
      1. if it is put on a website, the Brand needs to be linked to the www.ffr.pl (an image-based link).
    5. in audio or video materials, including presentations, promotion videos etc.
    6. in other materials presenting the Family Business.
  4. The Brand is given to a Business in different formats both as vector and raster logos. There are also different language versions available.
    1. A Family Business may adjust the Brand colours in line with their business colour policy.
    2. The Brand itself cannot be tampered with (infringement of the Brand integrity).
  5. A Business using the Brand is required to:
    1. present the Brand in an unchanged form, except for the changes allowed under section 6subsection 3;
    2. use the brand only within the scope of these Terms;
    3. use the Brand in such a way that it can be recognised;
    4. inform the Foundation immediately about any recognised infringement of Brand use as well as infringement of the rights linked to its registration;
    5. an immediate stop of the Brand use in the situations listed herein.
  6. It is prohibited to use the brand contrary to the law, in particular to put it on products and materials of illegal origin whose trade and distribution is prohibited, promoting prohibited by law pornographic content, violence, racial and cultural, discrimination and fakes etc.
  7. If the Brand is used as in the subsection 5 above or in any other contrary to these Terms way or in breach of these Terms, it will constitute a basis for the Foundation Board to immediately withdraw its decision granting the right to the Brand use. A Family Business whose Brand use approval has been withdrawn is required to immediately stop using the Brand.
  8. The Foundation reserves the exclusive control power regarding the approved Brand use, as well as the right to assess if a Family Business meets the requirements in order to use the brand according to these Terms.

§6

  1. The Brand use is free of charge.
  2. The Brand is given in an electronic form by sending different formats to the given in the Application e-mail address.

§7

  1. The rules herein are binding for every Brand user, as well as the brand Applicants.
  2. Any changes of these Terms are introduced by the Foundation Board decision and are binding since their publication on the Foundation website.
    1. Entities using the Brand are required to adjust their activities to the changes introduced to these Terms within 6 months from the publishing date.
    2. If the entities using the Brand do not comply within the 6 months to the requirements of the changed Terms, it is synonymous with the resignation from the Brand use. In such a situation the entity is required to stop using the Brand immediately.

Katarzyna Gierczak Grupińska
Fundacja Firmy Rodzinne President (signature of a Family Business authorised representative)

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