100% BC BEEF
Please review the terms and conditions below and click "I agree" at the end of the document to become a 100% BC Beef Licensee.
CERTIFICATION MARK LICENSE AGREEMENT
Pursuant to the terms and conditions of this Agreement, B.C. Association of Abattoirs (the “Licensor”) will license the Licensee to use the Certification Mark.
- “Certification Mark” means the 100% B.C. BEEF certification mark, whether registered or not registered, identified in Schedule “A” hereto;
- “Effective Date” means the date on which the Licensee accepts the terms of this License Agreement by clicking the “Accept” button below;
- “Licensee” means the party who has been approved by the Licensor to use the Certification Mark and has agreed to the terms of this Agreement by clicking the “Accept” button below;
- “Permitted Products” means beef products that are produced, processed and/or packaged in accordance with the Standards;
- “Permitted Services” means services for the marketing, distribution, serving and sales, on a retail and wholesale basis, of the Permitted Products.
- “Standards” means the production standards in accordance with the criteria prescribed by Licensor from time to time and as set out in Schedule “B” attached hereto.
(b) Schedules – The following schedules are appended to and form part of this Agreement:
Schedule “A” – Certification Mark Details
Schedule “B” – Production Standards
(c) Acceptance – YOUR USE OF THE CERTIFICATION MARK IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE APPLICABLE TERMS AND CONDITIONS AS SET OUT IN THIS AGREEMENT. IF YOU ACCEPT THESE TERMS AND CONDITIONS, CLICK THE “ACCEPT” BUTTON BELOW. THAT ACTION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CLICK ON THE “CANCEL” BUTTON BELOW.
2. Grant – The Licensor hereby grants to the Licensee a non-exclusive, non-sublicensable, revocable, licence (“Licence”) to use the Certification Mark so long as:
3. Expansion – This Licence may be expanded from time to time by the Licensor to include additional trade-marks, certification marks, and domain names as may be authorized by the Licensor in writing.
4. Permitted Products and Services – The Licensee may use the Certification Mark under the Licence only in association with:
(collectively, the “Permitted Products and Services”).
5. Character and Quality – The Licensee will only use the Certification Mark and the Licensed Property in association with the Permitted Products and Services that conform with the policies, specifications, regulations and Standards authorized or stipulated by the Licensor from time-to-time.
6. General Prohibitions – Except as may be authorized by this Agreement or by the Licensor, the Licensee will not directly or indirectly through any number of intermediaries:
7. Reproduction and Display – The Licensee may reproduce or display the Certification Mark on:
in accordance with the policies, specifications, regulations and standards authorized or stipulated by the Licensor from time-to-time.
8. Cooperation – The Licensee will cooperate with the Licensor for the purpose of:
as reasonably required by the Licensor from time-to-time.
9. Ownership/Enurement – The Licensee acknowledges the validity of the Certification Mark and the Licensor’s ownership of the Certification Mark and all goodwill associated with or appurtenant to the Certification Mark. All the benefit and goodwill associated with use of the Certification Mark by the Licensee at all times will enure entirely to the Licensor. The Licensee hereby absolutely and irrevocably assigns to the Licensor all right, title, and interest throughout the world that it may now have or may later acquire in the Certification Mark, including all related goodwill, other than the Licensee’s right to use the Certification Mark under the Licence.
10. Verification – Promptly when requested to do so by the Licensor, the Licensee will:
11. Retained Rights – Nothing in this Agreement will prevent the Licensor from exercising and licensing others to exercise any or all rights in the Certification Mark in any area, as it sees fit. When requested to do so by the Licensor, the Licensee will promptly execute and deliver to the Licensor any written consents or other instruments that the Licensor, acting reasonably, considers necessary or useful to exercise or permit others to exercise the Licensor’s retained rights in the Certification Mark.
12. Duration – The Licence is effective commencing as of the Effective Date and, subject to Sections 13 and 14:
13. Termination by the Licensor – The Licence may be terminated by the Licensor on the occurrence of any of the following events:
by the Licensor giving the Licensee written notice of termination which will be effective on delivery to the Licensee.
14. Termination for Convenience – The Licence may be terminated by the Licensor or the Licensee for convenience by giving the other written notice of termination for convenience, which will be effective 120 calendar days after receipt.
15. Effect of Termination – Forthwith on termination or expiration of the Licence:
16. Infringement of Licensed Property – If, during the subsistence of the Licence, the Licensee becomes aware that any third party (other than an affiliate or licensee of the Licensor) is using a trade name, business name, corporate name, Identifier, trade-mark, get-up of goods, trade dress, graphic design, or mode of advertising or promotion that might reasonably amount to infringement, unfair competition, passing-off or cybersquatting in respect of the Certification Mark, the Licensee will promptly report particulars of those activities to the Licensor.
17. Claims by Others – If the Licensee learns that any person or entity is alleging that the Certification Mark is invalid, infringes the rights of any party, or is open to any other form of attack, then the Licensee will not make any admissions in respect of the allegation and will promptly report the matter to the Licensor.
18. Proceedings – The Licensor will have the right, but not the obligation, to control and direct the conduct of all legal proceedings and negotiations with third parties relating to the Certification Mark except as follows:
(b) subject to Section 20, the Licensee may defend itself at all times from actions brought by others.
The Licensor may, in its absolute discretion, choose not to defend or prosecute any actions or any other proceedings with third parties that related to the Certification Mark and it will have no liability to the Licensee for failing to defend or prosecute any actions or proceedings of that type.
19. Assignment and Sublicensing – The Licensee will not assign, license, sublicense, grant, authorize or attempt to give any third party any right or interest in or under this Agreement, or the Certification Mark, and the Licensee will not authorize any third party to use, display or reproduce the Certification Mark, without first obtaining the written consent of the Licensor, which may be withheld for any reason or without reason. If the Licensor’s consent is given on any particular occasion, further consent will be required for every subsequent occasion.
20. Disclaimer – The Licensor makes no representations or warranties to the Licensee regarding the Certification Mark or its use by the Licensee, including those regarding ownership and whether or not the Certification Mark infringes the rights of third parties. The Licensee waives and releases all claims against the Licensor regarding the Certification Mark and the Licensee’s use thereof that the Licensee would have or might acquire but for the foregoing disclaimer.
21. Indemnity – The Licensee will indemnify and save harmless the Licensor and its directors, members, officers, employees and agents (collectively, the “Indemnitees”) from and against any and all damages, injuries, liabilities, costs and expenses, including but not restricted to actual legal fees and costs charged to any of the Indemnitees by their lawyers, that may be incurred by any of the Indemnitees or claimed by any third parties against any of the Indemnitees in connection with any wares, services or business of the Licensee, any negligent or wrongful conduct of the Licensee, and any breach of this Agreement by the Licensee or by any person who is related to or affiliated with the Licensee.
22. Time/Waiver – The timely performance and observance of the parties’ obligations hereunder is an essential condition of this Agreement, and:
23. Law/Dispute Resolution – The parties intend that:
24. Implement Intention – The parties will execute and deliver to each other any additional instruments and take any additional steps that may be required to give full effect to the intent expressed in this Agreement.
25. Authorization – Except for the grant of this License, any authorization or consent given by the Licensor under this Agreement or otherwise in connection with the Certification Mark must be given expressly in writing signed by a director or officer of the Licensor.
26. Notice – All notices and other communications that the parties give each other in connection with this Agreement must be in writing and will be deemed given if delivered by hand, double registered mail, or fax to the recipient at its address set out on the first page hereof or at such other address or telecommunication number of which the party gives the other notice. Proof of delivery in that manner will constitute proof of receipt.
27. Singular/Plural – In this Agreement, the singular will also imply the plural, and vice versa.
28. Whole Agreement – This Agreement supersedes all prior agreements and understandings of the parties regarding the Licence. This document contains the entire understanding between the parties regarding the Licence, and may not be varied except by a written instrument signed by both parties.
IN WITNESS WHEREOF the parties hereto have entered into this Agreement as of the Effective Date.
The Certification Mark
PRODUCTION STANDARDS PRESCRIBED BY LICENSOR AS AT MARCH 1, 2014 FOR USE OF THE CERTIFICATION MARK
The use of the Certification Mark is intended to indicate that the specific products with which it ￼is used are of the following defined standards:
- beef production and processing must take place at facilities located in British Columbia;
- beef production and processing must take place at facilities that adhere to the Canadian Codes of Practice for the care and handling of farm animals (www.nfacc.ca/codes-of-practice);
- animals from which the beef products originate must be:
- beef cattle; or
- dairy cattle aged under 30 months.
Beef products from dairy cattle aged over 30 months do not qualify under this licensing program;
- animals from which the beef products originate must be born, raised, finished and processed within British Columbia;
- beef products that originate from grain finished animals aged under 30 months require a minimum BC Meats Quality Information System carcass quality score of **(“two star”);
- beef products that originate from grass finished animals aged under 30 months require a minimum BC Meats Quality Information System carcass quality score of * (“one star”); and
- beef products that originate from grain or grass finished animals aged over 30 months require a minimum BC Meats Quality Information System carcass quality score of * (“one star”) except if such products are for boneless trim for grind and further processing, a minimum BC Meats Quality Information System carcass quality score of D2 is required and the trim products must be DNA traceable to the animal.