(a) Registration. An annual fee for registration in
the GO TEXAN Program shall be paid to the department. Registration
fees are based on the applicant's tier selection at time of application.
Applicants may select from four different levels of participation
in the GO TEXAN Program, defined in paragraphs (1) - (4) of this subsection.
Registrants in good standing with a current registration shall be
granted licensed use of the GO TEXAN certification mark in accordance
with guidelines prescribed in this subchapter. In addition to the
benefit of using the GO TEXAN certification mark, registrants shall
also be entitled to benefits offered by the department and described
in greater detail at www.gotexan.org. All benefits are subject to
continued authorization and appropriation of the GO TEXAN Program
by the Texas Legislature.
(1) Tier 1 - $100.
(2) Tier 2 - $500.
(3) Tier 3 - $1,000.
(4) Champion Sponsor - Sponsorship levels begin at
$5,000.
(b) Annual Registration Renewal.
(1) Thirty days before the expiration date of the registration,
the department shall send the registrant a renewal notification.
(2) After receipt of the renewal and annual fee, the
department will send an approved registrant a certificate of registration.
(3) Registrant's account shall be suspended immediately
for failure to renew registration upon expiration.
(4) Failure to renew GO TEXAN Program registration
within one calendar year of expiration shall deem registration terminated.
A new application for registration will be required for reinstatement
to the GO TEXAN Program.
(c) Limited use restrictions.
(1) Registrant shall be granted a limited, non-exclusive
license to use the mark solely in conjunction with the reproduction,
display, advertisement, and promotion for which registrant has been
approved, within the United States, for the registration period.
(2) Registrant will immediately cease use of the certification
mark upon the suspension, expiration, or termination of the registration.
(3) Registrant's proposed use shall be subject to review
and approval by the department. It is the responsibility of the registrant
to ensure proper compliance with current departmental guidance regarding
use of the mark. Failure to do so shall result in the suspension and/or
termination of the GO TEXAN registration. The department may take
legal action as necessary to ensure compliance with this subchapter
at any time.
(4) Upon request, registrant shall promptly furnish
the department a sample of any material bearing the mark, including,
but not limited to, all use, advertising, promotional, and display
materials, at no charge, for the department's written approval prior
to any use thereof.
(5) Registrant's authorized use shall be of high standard
that promotes the goodwill and reputation of the GO TEXAN Program
and the department. Failure to promote the GO TEXAN Program or compromising
the image and integrity of the GO TEXAN Program or the department
will result in the termination of the registration.
(6) As required by the department, registrant shall
affix on all items utilized in the authorized use, appropriate legal
notices, as follows: "GO TEXAN is a certification mark of, and is
used with permission from the Texas Department of Agriculture" in
addition to use of the registration symbol in conjunction with the
certification mark.
(7) Registrant's authorization to use the GO TEXAN
certification mark shall not be construed to grant or assign any right,
title, or interest in or to the GO TEXAN certification mark or the
goodwill attached thereto.
(8) Any and all use of the mark by registrant as allowed
under program rules shall inure solely to the benefit of the department.
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Source Note: The provisions of this §17.55 adopted to be effective January 1, 1981, 5 TexReg 4988; amended to be effective April 16, 1984, 9 TexReg 1881; amended to be effective December 11, 1989, 14 TexReg 6251; amended to be effective May 6, 1993, 18 TexReg 2623; amended to be effective September 2, 1996, 21 TexReg 7966; amended to be effective May 23, 1999, 24 TexReg 3844; amended to be effective November 18, 1999, 24 TexReg 10046; amended to be effective September 19, 2001, 26 TexReg 7119; amended to be effective July 7, 2004, 29 TexReg 6256; amended to be effective July 26, 2006, 31 TexReg 5799; amended to be effective January 9,2008, 33TexReg 76; amended to be effective September 1, 2011, 36 TexReg 5353; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective September 17, 2014, 39 TexReg 7292; amended to be effective August 31, 2015, 40 TexReg 5455; amended to be effective February 12, 2023, 48 TexReg 656 |