DVB Trademark Authorised User Agreement
1. In this Agreement, "you" means the company acquiring the status of Authorised User and your Affiliates, each of which is lawfully applying the DVB Marks to specific products and/or services. “Affiliate” means any legal entity that directly or indirectly controls, is controlled by, or is under common control with you, but only as long as such control exists, where the terms “control” means the ownership, direct or indirect, of more than 50 percent of the interest representing the right to vote or to manage the affairs of an entity. “DVB” means the DVB Project or its affiliates and assigns, including DVB Service Sàrl to which the management of this Agreement has been assigned. The term "DVB Marks" means the trademarks and sub-brands, whether or not registered, listed in Schedule 1 below (as such Schedule may from time to time, be amended by DVB at its sole discretion) . The term “DVB specification” means a specification adopted by the DVB Project and/or its associated European standard.
2. In consideration of your representations and undertakings set out in this Agreement, DVB hereby grants to you the (non-exclusive) status of Authorised User.
3. As Authorised User, you represent and warrant that
(a) you are a company established under the laws of your jurisdiction;
(b) the information you provide on the Application Form is accurate and complete;
(c) you are engaged in the design, manufacture or sale of equipment, or the provision of a service, that complies to at least one DVB specification; and
(d) you do not engage in any audiovisual piracy in the forms addressed in Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access; and you do not manufacture products that are intended principally to allow circumvention of a technological measure described in the WIPO Copyright Treaty (1996).
4. You agree that
(a) each of your products displaying a DVB Mark shall conform to one or more DVB specifications; and each of your products displaying a sub-brand listed in Schedule 1.2 below shall conform to the associated DVB specification;
(b) you shall not knowingly supply your products to an entity engaged in the audiovisual piracy or manufacturing circumvention products as described in section 3 (d) above;
(c) if any of your representations in paragraph 3 is incorrect, or if you otherwise breach any of your commitments and promises in this Agreement, or if you become bankrupt or insolvent, DVB will declare you in breach and terminate this Agreement; and
(d) DVB shall not be responsible for all loss or damages you may incur as a result of the termination of this Agreement; and notwithstanding any such termination, you shall remain responsible for any liability incurred by DVB.
5. You further agree that you shall not use or register any mark or name confusingly similar to any of the DVB Marks; use or register any DVB Mark as part of any of your corporate, business, or trading names, or make use of, or reference to, any DVB Mark in such a manner as to lead the reader to believe, without limitation, a) that non compliant products would be allowed to carry the DVB Marks, or b) that there is a link, official or structural, between you and DVB and/or European standards, or c) that you represent DVB in any manner.
6. You shall not assign your status of Authorised User under this Agreement to any person (other than to your Affiliates). Nothing in this Agreement shall be construed to create any franchise, joint venture, trust, or commercial partnership or any other partnership relationship for any purpose whatsoever.
7. You agree to hold harmless and to indemnify the DVB Project and DVB Services Sàrl from any loss, damage or other liability (including attorneys' fees) that either such entity may incur as a result of your breach of this Agreement
8. This Agreement shall take effect upon the last to occur of
(a) your acceptance of this specimen Agreement by your selection of the “I agree” option on the on-line Application Form;
(b) receipt by DVB of the administrative fee of € 100 (together with any value-added and other taxes related to such payment) and
(c) review by DVB of your application as to your qualification for the status of Authorised User.
9. You may, by notice to DVB and at any time, terminate this Agreement. Upon termination for any reason under this Agreement, you shall forthwith cease the use of the DVB Marks and remove them from any equipment and marketing materials.
10. This Agreement is governed by Swiss law; and you and DVB agree to accept the exclusive jurisdiction of the courts of the Republic and canton of Geneva, Switzerland, for any dispute based on the Terms and Conditions herein.
Use of DVB Marks by the Authorised User
11. As Authorised User, you are authorised to apply, under this Agreement,
(a) the DVB Marks to each of your products or services conforming to one or more DVB
specifications, including the right to use the DVB Marks on, or in relation to, one or product lines of consumer or professional equipment, and in brochures and marketing materials related to such equipment; and
(b) a sub-brand listed on Schedule 1.2 below to each of your products or services conforming to the associated DVB specification, including the right to use such sub-brand on, or in relation to, one or product lines of consumer or professional equipment, in each case conforming to the associated DVB specification, and in brochures and marketing materials related to such equipment.
12. Any and all rights, including common law rights, deriving from your use of the DVB Marks under this Agreement shall inure to the benefit of DVB. When you use any DVB mark, whether on equipment or otherwise, it shall be accompanied by the following proprietary notice:
“DVB and the DVB logos are trademarks of the DVB Project”.
Schedule 1 to the DVB Trademark Authorised User Agreement: