Use of Society Marks (Trademarks, Servicemarks and Certification Marks)
ASTM International (the "Society") is a Pennsylvania non-profit corporation and charitable institution. Its intellectual property ("IP") is one of ASTM International's most valuable assets and may only be used in a manner that furthers the Society's mission. As set forth in ASTM International's Intellectual Property Policy ("IP Policy"), it is the responsibility of all ASTM International employees, members, officers, directors, Participants, resellers/distributors and others involved with the development, adoption, publication, use and/or distribution of ASTM IP (collectively "Users") to ensure ASTM IP is used in accordance with its policies.
Among its intellectual property, the Society has registered certain trade, service and certification marks, including "American Society for Testing and Materials," "ASTM," "ASTM International," "ASTM Certified", the ASTM International logo, the ASTM logo and the "ASTM International-Standards Worldwide" logo (collectively referred to as the "Marks"). This Policy sets forth the terms and conditions for the appropriate and permitted uses of these Marks. Use of the Society's Marks is expressly subject to and conditioned on the User's acceptance of these terms. The Society may use its Marks (or grant others permission to use its Marks) in any way it sees fit.
1. SOCIETY NAME.
In official usage, the Society's name shall be designated as: "ASTM International".
2. OWNERSHIP OF THE MARKS.
Users of the Society's Marks agree and acknowledge that the Marks are the sole and exclusive property of the Society. Use of one or more of the Marks shall constitute consideration for, agreement to and acceptance of the following terms and conditions. Use of the Marks is permitted only pursuant to the terms and conditions of this limited and revocable license, and any other written agreement which terms apply to such use. Any failure by a User of the Marks to comply with the terms and conditions contained herein may result in the immediate revocation of this license, in addition to any other sanctions imposed by the Society.
3. USE OF THE SOCIETY'S MARKS.
The Marks must be used in a professional manner, as set forth more specifically below. Notwithstanding the foregoing, the Marks may not be used in a manner that, in the sole discretion of the Society: discredits the Society or tarnishes its reputation and goodwill; is false or misleading; violates the rights of others; violates any law, regulation or other public policy; or mischaracterizes the relationship between the Society and the User, including but not limited to any use of the Marks that might reasonably be construed as an endorsement, approval, sponsorship, or certification by the Society of the User, the User's business or organization, or the User's products or services or that might be reasonably construed as support or encouragement to purchase or utilize the User's products or services (unless the User is a participant in an ASTM Certification Program as discussed in section 5, below). The Society, in general, does not object if Users self-represent that their products or services meet or comply with ASTM International standards by referencing the specific designation(s) (e.g. ASTM A XXX-YY) (and, where possible, the title of the relevant standard) so long as Society Logos do not appear in connection with such representation and there is no suggestion the Society approves or agrees with the representation, or certified the product or services (unless, again, the User is a participant in an ASTM Certification Program).
4. USE OF CERTAIN LOGOS TO DESIGNATE MEMBERSHIP OR LINK TO SOCIETY WEBSITE.
The Society permits, only as set forth below, the use of its "ASTM International" and "ASTM" trademarked Logos "as is" and makes no warranties, representations or statements, express or implied, with respect to these Logos. The Logos may not be used to disparage the Society or its members. The Society will not be responsible for any loss or damages of any kind whatsoever sustained by any party, however caused, in regards to use of the Logos. Use of the Society's Logos is subject to and conditioned upon Users acceptance of this Policy. Users may scale/resize the Logos to suit their needs, but may not change color or design or alter the graphics in any way and may not combine with any other graphic. In every use, the integrity of the Logo must be preserved.
A. Linking to the Society's Internet Homepage.
(i) Users may, without written permission, use the Logo to denote an electronic link to the Society website www.astm.org, or its sub pages. Links from web sites that, in ASTM's sole discretion, could be construed as distasteful or offensive, obscene, defamatory, libelous, misleading, or which are being used for illegal purposes are not permitted.
(ii) Any link established must transfer the viewer directly to the Society's website, to enable viewing of the site as posted by the Society, without the imposition of any frames, browser windows or third-party content.
(iii) Use of the Logo, or linking to the Society website, is at the User's sole risk and must comply with ASTM's Website Link Policy. The Society provides this access "as is" and disclaims any warranties, express or implied (including but not limited to the implied warranties of merchantability or fitness for a particular purpose).
B. To Denote Membership in the Society. All members in good standing of the Society may, without written permission, use the Logos on their website, business card or letterhead to denote membership in the Society, provided the word "member" appears in the Logo as shown in Attachments A and B.
C. Use of Logos by the Media. Accredited news media, upon request to the Society, may be permitted to use the Logos in articles and materials about the Society, its members, standards, services and mission, solely for the purposes of referring to the Society. The Society, in its sole discretion, may deny such use.
D. Co-Sponsored Events and Publications. Events, seminars, publications, etc., which are co-sponsored by the Society, may use the Logos on their website and printed materials in conformity with the terms and conditions of this Policy. Any such materials or Logo use must be approved in advance by the Society.
E. Termination. Upon notice by the Society, Users agree to immediately cease any and all further use of the Logos.
5. USE OF CERTIFICATION MARK
A. The ASTM International Certification Mark(s) ("CM") is registered by the Society.
B. The ASTM CM combines the ASTM International Logo with a designation from the certification program it is a part of or the standard(s) or part thereof certified to.
C. This CM is voluntary and provided by the Society to participants in one of the Society's Certification Programs. A list of such participants who are permitted to use the voluntary CM appears on the Society website,
D. The ASTM CM may be only used on or in connection with products certified by or on behalf of ASTM and under the terms of written agreement with the Society.
E. No person shall use the ASTM CM or any portion thereof in connection with any product or service, or represent or imply in any way that a product or service has been certified or approved by ASTM, unless ASTM has confirmed, in writing, that the product or service is certified.
6. USE OF SOCIETY LETTERHEAD AND TITLES.
A. Members of Society committees, sub-committees and task groups must exercise care and good judgment in use of Society letterheads, envelopes and official titles/designations.
B. Society letterhead, envelopes and titles may only be used for Society business and purposes, not for personal business.
C. A letter (including electronic communications such as e mail) written on Society stationary or for official Society purposes should not contain personal comments and/or opinions of the writer. If unavoidable, the letter must clearly distinguish personal comments and opinions from official positions of the Society based on the Society Charter, Bylaws, Society policies, rules, regulations, procedures and balloted actions of Society units.
D. Officers of Society committees, sub-committees and task groups must refrain from using official Society titles when expressing personal views or comments.
A. Use of the Society's Marks shall create no rights for Users in the Marks (including the Logos) or their use beyond the terms and conditions of the limited and revocable license set forth in this Policy or any written agreement relating to such use. The Marks shall remain at all times the sole and exclusive intellectual property of ASTM International. The Society shall have the right, from time to time, to request samples of use of the Logos from which it may determine compliance with these terms and conditions. Without further notice, the Society reserves the right to prohibit use of the Marks/Logos if it determines, in its sole discretion, that a User's usage, whether willful or negligent, is not in strict compliance with this Policy, otherwise is not in the best interest of the Society, the User is not a Society member in good standing or for any reason whatsoever.
B. The Society reserves the right to alter, amend or terminate this Policy at any time and without notice to the User. The User agrees to abide by any such changes or amendments.
C. Use of the Marks/Logos does not imply approval or endorsement by the Society of any individual, company, products or services, unless the User is a Participant in an ASTM Certification Program.
D. The interpretation and enforcement of the terms and conditions herein, and any compliance therewith, shall be made by the Society in its sole discretion. Otherwise, this license is governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Users agree to jurisdiction and venue in Pennsylvania state and federal courts. User agrees that any breach by it of the terms and conditions herein entitles the Society to an injunction (and possible damages) against the User.