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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 17MARKETING AND PROMOTION
SUBCHAPTER CGO TEXAN CERTIFICATION MARK
RULE §17.55Registration and Use of the GO TEXAN Certification Mark

(a) Membership. An annual fee for registration in the GO TEXAN program shall be paid to the department. Member registration fees are based on the applicant's tier selection at time of application. Applicants may select from four different levels of membership, defined in paragraphs (1) - (4) below. Members 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. Members shall also be entitled to benefits to be determined by the department and described in detail at 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) Sponsor Membership - 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 registered member 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 membership upon expiration.

  (4) Failure to renew member registration within one calendar year of expiration shall deem membership terminated. A new application for membership 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 which may be issued from time to time. 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 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 program will result in the termination of the membership.

  (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.


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, 33 TexReg 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

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