Proposed PolyMix-3 Certification Terms

This page is the skeleton of the certification mark usage license. Please refer to the discussion page for motivation, reasoning, and possible alternatives. The terms are currently written in English. We are in the process of translating the document into legalese.

Table of Contents

1. Terminology
2. Certification mark assignment
3. Certification image usage

1. Terminology

Let's define a few simple terms that are useful in the context of this discussion.

2. Certification mark assignment

These rules regulate the assignment of the certification mark.

  1. A certified product can carry the certification mark.

  2. A certified vendor can use the certification mark on any of their products that are similar to a certified product of the same vendor.

    Similarity can be established using either of the following alternatives, at vendor's option:

    • (a)The vendor gives the Measurement Factory the right to make judgment calls and private performance tests to decide whether the product is similar. The vendor acknowledges the risks of such judgment calls and agrees to accept them. The vendor acknowledges that TMF may not have enough resources to execute private tests and may have to rely on judgment calls alone. The vendor agrees to immediately discontinue the use of the certification mark if requested.

    • (b)The vendor gives the Measurement Factory the right to officially test the product at any time and publish the results of the tests, even if the default product license or other vendor-controlled regulations prohibit such actions.

      TMF is not obligated to execute the tests prior to granting the similarity-based license. The official test may be initiated by the Measurement Factory or a third party, possibly anonymous. TMF will make the final decision whether a product carrying the certification mark will be tested. In general, products obviously similar to certified products will have a smaller probability of being tested or re-tested compared to products that substantially differ from the certified ones.

      TMF must make reasonable effort to engage the vendor in the test, and vendor must cooperate. However, vendor cooperation is not required to execute the test or to publish the results. The vendor does not have to pay for the test. If the test fails, the vendor must stop using the certification mark on the product in question.

    Both options may require judgment calls. A vendor can prevent TMF from investigating the compliance with the certification rules by immediately discontinuing the usage of the certification mark on the product in question. The fact that certification was removed may be made public by TMF.

      

  3. A certified vendor can use the certification mark in association with the vendor name, provided the usage does not imply that products not licensed to carry the certification mark do carry the mark (e.g., a company advertisement can use the certification mark if the ad does not refer to specific product(s)).  

  4. Any other use of the certification mark is prohibited.

  5. The Measurement Factory has the right to terminate this license at TMF's sole discretion. A certified vendor has the right to terminate this license at vendor's sole discretion. All uses of the certification mark by the vendor must cease immediately upon termination of the license.

  6. To use a certification mark on a product, the certified vendor must send a signed license to the Measurement Factory. The license is to include product details as would be required for an official test. Either option (2a) or option (2b) must be chosen. The notification information may be made public by TMF. TMF to maintain a public database of products carrying the certification mark and official results.

    Certification mark may include tags that match the image with the product(s) in the TMF database.

3. Certification image usage

The rules below deal with the usage of the certification image itself. These are basic rules to prevent accidental or purposeful image distortion.