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 want to discuss and agree on major points before translating into legalese.
| There are several versions of the proposed terms. This text corresponds to Option 3b. The paragraphs specific to this option, like this paragraph, are marked with a changebar on the right. |
1. Terminology
2. Certification mark assignment
3. Certification image usage
Let's define a few simple terms that are useful in the context of this discussion.
Product: A caching product/solution/box being tested as a single proxy cache. A product includes software, hardware, network gear, etc. required for proxy operation. A product may include several caching units.
Official test: a test executed by the Measurement Factory officials during a public event (e.g., cache-off or public lab test) and accompanied by logs, branding information, price tag, and other records detailed enough to identify the product, understand the reported results, and to reproduce the test.
Certified product: a product that passed (by the corresponding event and workload rules) an official test.
Certified vendor: a vendor that offers at least one certified product.
| Similar products: Product A is similar to product B if all products components are the same or marginally different. Similarity scope extends to hardware, software, branding information, price tag, licensing terms, and any other details that clearly distinguish one product from another. If the component difference can be approximated in quantitive terms (e.g., number or RPMs of disks, number or speed of CPUs, RAM size, price), the difference must be less than 25% or one unit, whichever is greater. Judgment calls may be necessary to determine whether two products are similar. |
We now propose the rules that regulate the assignment of the certification mark.
A certified product can carry the certification mark.
| A certified vendor can use the certification mark on any of their products. |
| By using the certification mark on a product, the vendor gives
the Measurement Factory the right to officially test the product and
publish the results of the tests, even if the product license or other
vendor-controlled regulations prohibit such actions.
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 identical or very 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. By immediately discontinuing the usage of the certification mark on the product in question, a vendor can request that TMF does not execute the tests and does not publish the results. The fact that certification was removed may be made public by TMF. |
A certified vendor can use the certification mark is association with the vendor name, provided no particular product association is also implied (e.g., a company advertisement that does not refer to specific product(s)).
Any other use of the certification mark is prohibited.
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.
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. 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.
The rules below deal with the usage of the certification image itself. These are basic rules to prevent accidental or purposeful image distortion.
The image is copyrighted by The Measurement Factory.
If image contains product-specific tags, those tags must be preserved in all image copies. The image must not be applied to products that do not match the tag on an image.
The image may be used in web pages describing the certified product. When used in a Web page, the image must be surrounded by an HTML anchor such that following the link takes the reader to TMF results page. For example:
<a href="http://www.measurement-factory.com/results/"> <img src="PolyMix-3-cert.png"></a>
The image may be reproduced on printed marketing material. The image must not be modified, distorted, or otherwise look significantly different than the original.
The image can be used on ``stickers'' attached to the certified product. The Measurement Factory will offer high quality stickers to interested vendors ``at cost''. Creation of stickers, logos, and similar hard copies of an image requires explicit permission from the Measurement Factory.