Important Note:
This is an online version and excerpt of the License Agreement provided for informational purposes only. Certain clauses, terms, and details have been omitted to protect confidentiality and strategic interests. The final signed License Agreement may differ from the online version and will prevail.
This License Agreement ("Agreement") is entered into between:
Licensor:
Brand Made in Germany
Podbielskistraße 333, 30659 Hanover, Germany
Licensee:
The Seal-winning Company/Applicant
1. DEFINITIONS
Unless otherwise defined herein, terms shall have the meaning set forth in the applicable terms and conditions published by Brand Made in Germany.
2. COPYRIGHT, USAGE RIGHTS, AND GRANT OF LICENSE
2.1 The Licensor retains full ownership of all copyrights, trademarks, design rights, and related intellectual property in the Seal, Certificate, and any associated materials.
2.2 The Licensee is granted a non-exclusive, non-transferable, revocable license to use the Seal and Certificate solely for marketing, communication, and promotional purposes related to the awarded products, services, or brand image.
2.3 The Seal and Certificate use is only limited to Germany and the European Union. Any use outside these territories requires a separate agreement or written authorization from the Licensor.
2.4 Any modification, imitation, or misuse of the Seal, Certificate, or related intellectual property is strictly prohibited and constitutes a breach of this Agreement.
3. LICENSE FEES, PAYMENT TERMS, AND DURATION
3.1 The Licensee agrees to pay the license fees in accordance with the terms set out in the Licensor’s official offer, invoice, or website price list.
3.2 The initial license term is one (1) year from the issuance date, subject to renewal upon mutual agreement and payment of the applicable renewal fees.
3.3 In case of non-payment or late payment, the Licensor reserves the right to suspend or terminate the License without further notice.
4. DISCLAIMER
4.1 The Brand Made in Germany Seal and Certificate are designed solely as marketing and branding tools. They do not constitute an official certification or audit nor constitute an endorsement of the product, product certification, a warranty of quality, product quality assurance, legal certification, or regulatory compliance.
4.2 They are not equivalent to, nor shall they be interpreted as, certifications under legally regulated or industrial standards such as TÜV, CE, ISO, or any other such as the German Commercial Code (Handelsgesetzbuch/HGB) or a statutory or accredited body.
4.3 The Licensor does not assume any responsibility for the Licensee's actual business performance, customer perception, product sales, or legal standing as a result of using the Seal or Certificate.
4.4 Use of the Seal does not replace any mandatory legal or industry certifications that may be required for the Licensee's products or services.
4.5 Trademark registration advice or support may be offered as an optional service but is not included in this Agreement and does not guarantee successful registration.
4.6 Except in cases of willful misconduct or gross negligence, the Licensor excludes all liability for economic losses, loss of profits, loss of goodwill, reputational harm, or indirect damages resulting from the Licensee’s use or misuse of the Seal or Certificate.
5. LIABILITY AND INDEMNIFICATION
5.1 The Licensee shall indemnify, defend, and hold harmless the Licensor from and 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 Seal or Certificate.
Any claims by third parties based on the Licensee’s marketing practices,
Any breach of this Agreement by the Licensee.
5.2 The Licensor's maximum liability, if any, shall be limited to 50 % of the amount of the license fee paid by the Licensee under this Agreement.
6. TERMINATION
6.1 The Licensor may terminate this Agreement with immediate effect upon written notice if:
The Licensee breaches any material obligation under this Agreement.
The Licensee misuses the Seal or Certificate in a way that harms the Licensor’s reputation.
Payment obligations are not fulfilled within the agreed timeline.
6.2 Upon termination, the Licensee must immediately cease all use of the Seal, Certificate, and related materials, as well as remove them from all marketing materials, websites, and promotional content.
7. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the Federal Republic of Germany.
The exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement shall be Hanover, Germany.
8. MISCELLANEOUS
8.1 No verbal side agreements have been made. Amendments and modifications to this Agreement must be made inwriting.
8.2 Should any provision of this Agreement be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties shall replace the invalid provision with a valid one that most closely reflects the intended purpose.
8.3 Headings are inserted for convenience only and shall not affect the interpretation of this Agreement.
9. SIGNATURES
Placed to sign upon final agreement execution.