Important Note:This is an online version and excerpt of the Brand Made in Germany™ Badge and Certificate Usage Agreement provided for informational purposes only. Certain clauses, terms, and details have been omitted to protect confidentiality and strategic interests. The final signed Agreement may differ from the online version, but it will prevail.1. PARTIESThis Agreement ("Agreement") is entered into between:
Badge Owner:Brand Made in Germany™
Mahyar Nazemi
Kolonnenstr. 8
10827 Berlin, Deutschland
Badge Holder:The company or individual applying for and/or using the Badge and/or Certificate.
2. DEFINITIONS2.1 The Badge and Certificate are private marketing and branding elements created and issued exclusively by Brand Made in Germany™. They serve solely as voluntary tools for communication and promotion and
are not governmental or statutory certifications.2.2 The badge
does not represent any governmental approval, certification, or official recognition.2.3 The Badge Holder voluntarily applied for, and was granted, the right to use the Badge and/or Certificate in accordance with this Agreement.
3. INTELLECTUAL PROPERTY AND USAGE RIGHTS3.1 All copyrights, trademarks, design rights, and related intellectual property remain with the Badge Owner.
3.2 The Badge Holder is granted
a non-exclusive, non-transferable, and revocable right of use for the Badge and Certificate, limited to marketing, branding, and communication purposes.
3.3 Any alteration, imitation, resale, sublicensing, or misleading use of the Badge or Certificate is strictly prohibited.
3.4 Use is permitted within Germany and the EU. Any use outside this territory requires prior written approval from the badge owner.
4. PERMITTED USE AND DISCLAIMER OBLIGATIONBrand Made in Germany™ Badge and Certificate
are not granted, approved, accredited, or regulated by any governmental authority, statutory certification agency, or governmental accredited institution, and must under no circumstances be interpreted as such.
4.1 The Badge depending on the selected option/level may be displayed on the Badge Holder’s website, marketing materials, website, social media, catalogues and exhibition stands/pavilions.
4.2 In every use, the Badge must be accompanied by the disclaimer:
“Brand Made in Germany Badge – private brand mark/ not an official certification.”
4.3 The Badge Holder must not use misleading terms such as “Certified,” “Approved,” “Accredited,” “Partner,” or similar in connection with the Badge.
4.4 Examples of permitted wording include:
“Gold Badge by Brand Made in Germany”
“Brand Made in Germany – Gold Badge”
4.5 The Brand Made in Germany Badge and Certificate are not equivalent to TÜV, CE, ISO, or any other statutory or governmental certification. They do not guarantee:- Legal or regulatory compliance.
- Product quality, safety, or origin.
- Market superiority or competitive advantage.
- Conformity to industrial, technical, or health standards.
4.6 The Badge Owner explicitly disclaims any similarity, association, or potential confusion with governmental seals, quality marks, or protected designations under German or EU law.
4.7 The Badge Owner
is not responsible for any misinterpretation, misunderstanding, or assumption made by third parties, customers, or the public regarding the meaning or value of the Badge.
4.8 In accordance with §8(2)(6) MarkenG and §5 UWG, the Badge Owner expressly disclaims any similarity, association, or potential confusion with government-approved seals, protected geographical indications, or regulatory quality labels under EU Regulation 1151/2012.
4.9 The Badge
cannot replace any licenses, permits, approvals, or certifications required by law.5. EVALUATION CRITERIA (ANNEX I)The Badge may be provided at different levels, based on internal evaluation, as published on the website:
Brand Made in Germany Badge – Basic:Options/Levels: S – M – L – XL
Brand Made in Germany Badge – Plus:Brand developed or designed within the Brand Made in Germany framework + Showcase, Profiles, and/or other services.
Options/Levels: Bronze – Silver – Gold – Platinum
The Badge Owner may adapt or change the criteria at any time.
6. LIABILITY AND INDEMNIFICATION6.1 The Badge Holder shall indemnify, defend, and hold harmless the Badge Owner against any and all claims, demands, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Any misuse or unauthorized use of the Badge and/or Certificate,
Any complaints, warnings (in German: abmahnung) and third party claims regarding the Badge and/or Certificate
Any claims by third parties based on the Badge Holder’s marketing practices,
Any breach of this Agreement by the Badge Holder.
6.2 Badge Owner shall
not be liable to Badge Holder regarding economic loss, loss of profits, loss of goodwill, or indirect damages at any time and in no way.6.3 The Badge Owner’s maximum liability shall in any case (if proven) be
limited to 50% of the total fees paid by the Badge Holder under this Agreement.7. FEES AND TERM7.1 The Badge Holder shall pay the applicable fees as specified in the Badge Owner’s official offer, invoice, or published price list.
7.2 The Agreement is valid for one (1) year from the date of issuance and may be renewed upon payment of renewal fees.
7.3 Non-payment may result in suspension or termination of the right to use the Badge.
8. TERMINATION8.1 The Badge Owner may terminate the Agreement with immediate effect if:
- The Badge Holder has breached a material obligation under this Agreement.
- The Badge Holder misuses the Badge or Certificate in a way that harms the Badge Owner’s reputation.
- The Badge is used in a misleading or unlawful manner,
- Payment obligations are not met.
8.2 Upon termination, the Badge Holder must immediately cease all use of the Badge and Certificate.
9. GOVERNING LAWThis Agreement shall be governed by the laws of the Federal Republic of Germany.
Hanover, Germany, shall be the place of jurisdiction.
10. MISCELLANEOUS10.1 This Agreement contains the entire understanding between the parties. Amendments must be in writing.
10.2 If any clause is held invalid, the remainder of the Agreement remains unaffected.
10.3 Section titles are for convenience only and do not affect interpretation.
11. SIGNATURESTo be executed upon acceptance of the final Agreement.