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Trademark and Logo Policy
This policy was adapted from the Drupal Trademark and Logo Policy.
The Achievo trademark — i.e. the word "Achievo", whether or not in capitals — is an unregistered trademark of ibuildings.nl, who allow its use by the GitHub phpatkframework group to foster the use of the Achievo software. Although you are encouraged to use the Achievo trademark and the official Achievo logo (which is itself a use of the Achievo trademark) for your own purposes, you must first obtain a license. You can either obtain this license automatically, or through a license grant procedure, as further explained below in this policy.
This policy therefore first explains whether you receive an automatic license, or whether you need to obtain a license through the license grant procedure. In addition, this policy explains which "rules of use" apply when you use the Achievo trademark (whether you obtained the license automatically, or through the license grant procedure).
For the sake of simplicity, it will be assumed this policy also applies to the official Achievo icon.
This policy was created so that the Achievo trademark would be consistently used. It tries to cover the most typical use cases for the Achievo trademark, and by imposing simple rules, aims to create a level playing field for everyone interested in using the Achievo trademark.
Do not assume that this policy will answer every question you may have about the use of the Achievo trademark. There will be scenarios where your intended use of the Achievo trademark is not entirely covered by this policy, or where you have doubts as to whether or not a specific rule applies. In all these cases, please pose questions to the GitHub atkphpframework group, or to ibuildings.nl.
This section explains whether you are entitled to an automatic license (in which case you can use the Achievo trademark without having to complete or receive any document), or whether you need to follow the license grant procedure. You will only be entitled to an automatic license when you are in any of the situations described under subsection A below, and not simultaneously in any of the situations described under subsection B below.
You receive an automatic license when:
1. You exclusively use the Achievo trademark to either extend or improve the Achievo software, or to encourage the use of the Achievo software (in short "foster the Achievo software" ).
Examples of "fostering the Achievo software":
- a course entitled "How to use Achievo in your business" organized by a local non-profit organization;
- an open access monthly journal called "Achievo Coding magazine";
- an open source Apache plugin "JIT Compiler for Achievo";
- a freely distributed homebrew Achievo theme "John's Achievo Christmas Theme";
- a website "Achievohalloffame.com" with pictures of famous Achievo contributors;
- administering a database with Achievo bugs and corresponding workarounds.
- creating a Achievo fork "ImprovedAchievo";
- publishing a website "achievohallofshame.com" with pictures of infamous Achievo contributors.
- a charitable organization selling t-shirts with the Achievo trademark to sponsor its fight against global warming;
- a company selling t-shirts with the Achievo trademark, while donating 25% of the profits to Achievo developers.
- A high-traffic website "AchievoIndepth.com" containing sponsored ads, qualifies for an automatic license when the profits generated from these ads (minus hosting costs and other obvious costs incurred for maintaining the website) are used to pay a full-time developer working on the new open source Achievo template engine.
- An Achievo contributor wants to start a website called "NewToAchievo.com", with helpful tutorials aimed at people new to Achievo. This website contains ads under the form of sponsored links, which would normally exclude the automatic license. However, in good faith any money earned is used to directly to support the Achievo project. Hence, this website can benefit from an automatic license.
- The New York Achievo user group sells t-shirts with the Achievo trademark to sponsor its functioning. This also qualifies for an automatic license.
Example uses for which you receive an automatic license:
- a course entitled "Acme's Achievo Gold Course" or "Acme's Achievo Certification Course" or "Acme's Learn to Code in Achievo ";
- a domain name that is used for commercial purposes and is entitled "achievoacme.com" or "commonusesofachievo.acme.com";
- a domain name that is exclusively intended to foster Achievo use, and is entitled "achievousersgroupcalifornia.org" or "achievounofficialfaq.com";
- an open source plugin to connect Acme's SQL-server to the Achievo software;
- a commercial plugin to connect Acme's SQL-server to the Achievo software, called "Acme's SQL plugin for Achievo";
- a Achievo course entitled "Achievo" that is taught at a generally recognised educational institute;
- a free Achievo seminar entitled "Creating websites with Achievo", organized by a local non-profit organization
- a commercial website hosted under domain name "commonusesofachievo.com";
- a commercial course entitled "Achievo Newbies Course 2012".
Example titles for which you receive an automatic license:
- "Achievo ninja secrets: the complete guide", "Monthly Achievo Bits", "Achievo in Depth", "Achievo Step by Step", "John Smith's Achievo 1.5 Installation Guide", "Illustrated Achievo Guide", "More effective ways to use Achievo", "Achievo Screenshot Guided Tour", "Beginning Achievo", "Achievo inside out", "Achievo for network professionals".
- "Achievo 2", "Official Achievo Guide", "The Official Achievo Book".
- "Achievo Bootcamp 2009", "Annual Achievo Meeting", "Achievo Gathering New York", "AchievoCamp Antarctica".
5. You want to display the official Achievo logo (whether for commercial or non-commercial use) in a standalone and unaltered form.
- "Standalone" means that the Achievo logo is not part of another logo. For example, a local Spanish Achievo user group that would like to create a "Achievo Spain" logo by extending the word "Achievo" with the word "Spain" (in the same font and color), will not be entitled to an automatic license. "Unaltered" means that the Achievo logo cannot be changed in any way — e.g., by changing the color, by slightly altering the shape of the letters, etc.
- Examples for which you receive an automatic license: creating a banner that displays the Achievo logo; using the Achievo logo on your (commercial or non-commercial) website; displaying the Achievo logo on product packaging; selling a t-shirt with the Achievo logo printed on the back.
Examples:
- describing a new Achievo release in a review;
- referring to Achievo in a comprehensive overview of content management systems;
- complaining in a blog about a missing feature in the Achievo software;
- reporting about a Achievo conference on your personal homepage.
- a procedure called achievo_add_link();
- a constant called ACHIEVO_AUTHENTICATED_RID;
- a variable named $achievo_tag;
- a set of source code files called achievo.module and achievo.js.
The license grant procedure must always be followed when you are in one or more of the following situations (even when you would also be in any of the situations under subsection A above).
1. The use of the Achievo trademark suggests an "official link" between your product or service and the Achievo project (the atkphpframework/achievo project and its contributors on GitHub).
Examples:
- a domain name "achievoofficialfaq.com";
- a domain name "achievosupport.nl";
- a company called "Achievo Services Inc.";
- a course entitled "Achievo Exams".
Examples: "achievocon, "achievoconference", "achievoconvention", "Achievo Conference", "Achievo Convention", "Achievo Association".
3. The Achievo trademark is used as part of another registered trademark.
Example:
- a trademark "Achievo Plugin Optimizer".
Examples: "achievo.com", "achievo.info","achievo.co.uk".
5. The Achievo trademark is used as part of a domain name that covers either an entire category of products or services that are relevant to the Achievo community, that covers an entire target group of Achievo users or that is otherwise too generic.
Examples for which the license grant procedure must be followed: "achievo-design.com", "achievo-themes.co.uk", "achievo-modules.com", "achievo-support.nl", "achievo-hosting.com", "achievo-administrators.co.uk", "achievo-tshirts.com", "achievo-magazine.com", "mobileachievo.com", "achievo-intranet.com", "achievo-services.com", "achievo-development.co.uk".
6. The Achievo trademark is used in a domain name, title of a website, title of a seminar, title of a course or title of a software package that is not exclusively intended to foster the Achievo software, and this domain name or title does not also mention your trademark (or your trade name, name of your company, name of your organization, or name of your association).
Examples:
- when a "Achievo Course for New Administrators" is organized by a local Achievo community, the license grant procedure does not need to be used — even when a $600 registration fee would be requested — because the money earned is exclusively used to foster the Achievo software;
- when the same course is organized by a commercial organization and not all of the profits earned are used to foster the Achievo software, the license grant procedure must be followed;
- when the same course is organized by a commercial organization, but under the name of "Acme's Achievo Course for New Administrators", the license grant procedure does not need to be used, even when none of the profits earned are used to foster the Achievo software;
- when a commercial organization "Acme" has a product called "Achievo River" that is not exclusively intended to foster Achievo software, the license grant procedure must be followed;
Examples: a company named "Achievo, Inc.", "Achievo Experts GmbH" or "Achievo Support BV"; "Achievo Hosting LLC"; an organization called "Achievo Peru" or "Achievo User Group Germany".
8. You want to use the official Achievo logo in altered form or as part of another logo.
9. There is any doubt as to how this policy should be interpreted or applied to a specific case.
In the license grant procedure, you must submit a request to ibuildings.nl, including your contact details and a description of the intended use of the Achievo trademark. It is not known how long it may take for your application to be evaluated, or the conditions under which your application may be approved or rejected.
Although licenses are granted at the sole discretion of ibuildings.nl, the following factors will likely be taken into account during the license grant procedure:
With respect to a Achievo-related product or service, it will be considered whether the product or service:
- does not suggest an official link;
- promotes or expands Achievo adoption and usage;
- is not a fork of Achievo, and does not promote or encourage forks of Achievo;
- is licensed in a way that is compatible with the Achievo open source license;
- substantially strengthens and empowers the Achievo community;
- is of a high quality in both form and function;
- is created by significant contributors to the Achievo project;
- is created by those with a track record of liberally "giving back" to their communities;
- in the case of a domain name, does not create an unfair monopoly towards others because it spans a relevant category of services.
- With respect to the name of a company, organization or association, it is considered whether:
- the name does not suggest an official link;
- the company / organization or association is founded by significant contributors to the Achievo project, who have a track record of liberally "giving back" to their communities.
With the exception of the "nominative fair use" of the Achievo trademark, your use of the Achievo trademark is subject to the following rules (irrespective of whether you followed the license grant procedure or obtained an automatic license):
1. Any use of the Achievo trademark implies acceptance of this policy.
2. The Achievo trademark cannot be used for illegal, defamatory or humiliating purposes, or any other purpose that may negatively impact the Achievo software.
Examples:
- a Achievo fork entitled "A Better Achievo";
- a domain name "achievo-is-worthless.com" (note, however, that merely mentioning or referring to the Achievo software — for example in a critical blog post - qualifies as "nominative fair use", to which the rules of use do not apply).
Examples:
- if your company is called "Acme", refer to your Achievo certification product as "Acme Achievo Certification" or "Achievo Certification by Acme" instead of "Achievo Certification"; or
- if your company called "Acme" has a Achievo podcast, clearly refer to it as the "Acme Achievo Podcast", "Achievo Podcast provided by Acme" instead of just "Achievo Podcast"; or
- if your company called "Acme" has a product or service called "Achievo River," clearly indicate that the "Achievo River is a product (or service) of Acme" so that there can be no confusion about the true source.
- "Achievo is a trademark of ibuildings.nl."
1. Any license granted under this policy, is legally granted as a sub-license by ibuildlings.nl.
2. Any license granted under this policy can be terminated upon sixty (60) days prior written notice if you breach any provision of this policy. If your breach can be cured (and you have not previously breached this policy), you may be granted forty-five (45) days from the date of notice to cure the breach.
3. All implicit or automatic permissions or licenses to use the Achievo trademark that were granted before the publication of the current version of this policy are revoked after a grace period of six (6) months (calculated as from the date of publication).
4. This policy may be changed at any time. You accept that all licenses accorded under this policy are non-exclusive, non-transferable, non-sub-licensable, revocable at any time, and subject to changes in policy. Hence, changes in this policy may cause permissions to be revoked or made dependent on additional obligations.
5. Any changes to this policy will enter into force sixty (60) days after publication on the licensing page of the atkphpframework Achievo project GitHub wiki (https://github.com/atkphpframework/achievo/wiki/).
6. If any provision of this policy would be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceable of such provision shall not affect the other provisions of this policy, so that all other provisions shall remain in full force and effect. In such case, the invalid or unenforceable provision shall be replaced by a valid or enforceable provision that achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
7. All disputes in connection with this policy or any permission granted by it will be submitted to the applicable Court of Vlissingen, Netherlands. This policy is governed by the laws and regulations of the Netherlands.