New BRAND GUIDELINE MANUAL - Montado de Sobro e Cortiça · 2019. 1. 16. · Brand Guideline Manual...

BRAND GUIDELINE MANUAL

CO-FINANCED BY:LEADING ENTITIES:

Brand Guideline Manual2

ARTICLE 1º OBJECTIVE

The Objective of this Brand Guideline Manual is to establish and to determine the conditions that govern the affiliation to and use of the brand “Montado de Sobro e Cortiça”.

ARTICLE 2º OWNERSHIP OF THE BRAND

1. The brand “Montado de Sobro e Cortiça”, whose title of ownership is duly inscribed in the Register of Brands of the Portuguese Institute of Industrial Property – INPI, belongs to the City Hall of Coruche (CMC).

2. Its use shall be governed by the provisions in the present Brand Guideline Manual and its Annexes, the latter constituting an integral part of the document, and by any agreements and provisions which, within the interpretation or execution of the same, the CMC and EEC PROVERE, by extension, may choose to adopt.

ARTICLE 3º PURPOSE

1. The express purpose of the brand “Montado de Sobro e Cortiça” is to excel in the food products, handicraft products and services market, stressing those items that are produced, provided, elaborated or transformed on the territory of the Montado de Sobro e Cortiça, and those that may utilize/produce endogenous products from Montado de Sobro e Cortiça, or in the case of services, those that valorize the resources of the natural space of Montado de Sobro e Cortiça.

2. The visual identity of the location of origin of the products or services described above aims to stimulate customer preference for acquiring or consuming the products from the territory of Montado de Sobro e Cortiça in the interest of increasing competitiveness and consequently promoting job creation and generating wealth.

ARTICLE 4º BENEFITS AND ADVANTAGES OF AFFILIATION

The principal benefits and advantages of affiliation to the brand “Montado de Sobro e Cortiça” are:

a) Use of the brand “Montado de Sobro e Cortiça”, namely its seal/logo, on labels, packaging, and all promotional material for affiliated products as well as other communications and logistics materials for the entity, thus allowing for the qualification and valorization for affiliated products or services in a differentiated manner;

b) Benefits from communications and marketing campaigns promoted by EEC PROVERE “Montado de Sobro e Cortiça”, thus contributing to increased visibility of the products and the affiliated entities;

c) Participation, in an aggregated way, in regional, national, and international events to stimulate the brand “Montado de Sobro e Cortiça directed at various types of target-public: consumers and businesses;

d) Enabling consumers to identify the origin of an affiliated product in a simple and immediate way, thus creating and/or consolidating consumer preference for the brand “Montado de Sobro e Cortiça”;

e) Promoting the demand for goods that contribute to the creation of value across the territory of Montado de Sobro e Cortiça, thus promoting competitiveness, innovation, and the creation of value for affiliated entities;

f) Integration into a collective strategy to promote the brands affiliated with the territory of Montado de Sobro e Cortiça;

g) Membership in a Registry of Brand Users of the brand “Montado de Sobro e Cortiça”, which will be duly published and made easily accessible to the general public;

3Brand Guideline Manual

h) Privileged access to the dissemination of regular and up-to-date information on all the action programs relative to “Montado de Sobro e Cortiça”.

ARTICLE 5º REQUIREMENTS FOR AFFILIATION

1. Request for use of the brand “Montado de Sobro e Cortiça”, namely the seal/logo, may be made by any producers or businesses providing services, or by owners of establishments or entities which satisfy the requirements for admission as identified in Annex 1 of the present Manual. For the effect, and without prejudice to any legal provision therein applied, candidates seeking to become affiliated with the brand must pursue said affiliation upon their own free will and must fulfil all the following requirements, that is to say, that the Applicants must:

a) Be legally formed entities under the designation of natural person or legal person;

b) Have their Home Office and/or production unit facilities located in the EEC PROVERE “Montado de Sobro e Cortiça” territory;

c) Conform with all legal conditions mandatory for the exercise of their respective activity;

d) Produce, elaborate, or transform products according to all legally applicable regulations and mandates;

e) Prove that they have no outstanding payments due to either the Tax Authority or to Social Security;

f) Sell and/or distribute the products referred to in Article 3, Item nº 1;

g) Fulfil all other provisions set forth in the present Manual.

2. For the purpose of the present Manual, the following typologies of goods and services will be included, namely the products and services existing in the territory associated with the endogenous resources in various segments, namely:

1) Services in Support of Tourist Activities:1.1) Tourist entertainment activities;1.2) Lodging and Accommodations;1.3) Restaurants;1.4) Retail spaces.

2) Identifying Products:2.1) Food products;2.2) Non-food products;2.3) Immaterial products.

3) Research/ Knowledge:3.1) Projects or job-assignments;3.2) Materials designed for didactic or pedagogical purposes.

4) Territory:4.1) Territorial requirements such as facilities, itineraries/routes, etc.4.2) The affiliate can also include other elements deemed relevant for the purposes for which the brand is intended.

3. Annex I, Line b) sets forth the provisions for compliance with the Requirements for Improvement1) Transversal Requirements for Improvement;2) Sectorial Requirements for Improvement.


ARTICLE 6º THE BRAND’S COORDINATING COMMISSION

1. The Coordinating Commission of the brand “Montado de Sobro e Cortiça” consists of the EEC PROVERE “Montado de Sobro e Cortiça” Technical Team, whose mission it is to monitor and coordinate compliance to the norms established in the present Manual;

2. The Coordinating Commission of the brand “Montado de Sobro e Cortiça” will independently and rigorously analyze all applications for affiliation along with their accompanying documentation, forwarding the candidacy to the City Hall of Coruche (CMC) for validation, as well as the Technical Report drawn up for awarding the licence to use the “Montado de Sobro e Cortiça” brand;

3. Other members or entities may be invited to take part in the Coordinating Commission, without the exercise of a casting vote;

4. The Coordinating Commission may ask other entities within the territory to provide a Technical Report, for informational purposes, on a product/service applying for affiliation to the brand.

ARTICLE 7º PROCEDURE TO APPLY FOR AFFILIATION

REQUEST FOR AFFILIATION

Those who are interested in obtaining authorization to use the brand “Montado de Sobro e Cortiça” for one or more of their products or services must present a formal request to the Brand’s Coordinating Commission, described in Article 6 of the present Manual by completing the Application Form (Annex I), which can be requested by email or in paper format or via the brand’s official website.

PRESENTATION OF DOCUMENTS THAT MUST ACCOMPANY THE APPLICATION

Copy or Code of Permanent Certificate (updated), or equivalent document that proves:That the entity has been created legally;The representative sent to sign the application holds the legal authority to do so;The legal nature/legal status of the entity making the application;The geographic location of the Head Office.

Copy of the document that proves the geographic location of the unit(s) or branch(es), in those cases where a location is not the same as the Home Office;

Copy of updated Certificate issued by the Portuguese Tax Authority which states that the Applicant has no outstanding payments to be made to the State;

Copy of updated Declaration issued by Portuguese Social Security stating that the Applicant has no outstanding payments to be made to the State;

Copy of the Certificate from the Organism of Control, Certifying Entity (Declaration of Origin or other), when applicable;

Copy of Artisan Card, issued by CEARTE, when applicable;

Copy of licences and legal authorizations that bestow upon the Applicant the legally recognized qualifications to exercise the intended activity (HACCP or others);

Product(s) or Service(s) Sheet, in conformity with Annex III of the present Brand Guideline Manual, duly completed for each product or service;

Declaration of Commitment, in conformity with Annex IV, duly completed and signed.


ANALYSIS AND APPROVAL OF APPLICATION

The analysis of the applications made to affiliate with the brand “Montado de Sobro e Cortiça” is carried out by the brand’s Coordinating Commission;

The Coordinating Commission shall write detailed Technical Reports that will be delivered to the relevant bodies at the Coruche City Hall (CMC) for their final decision;

The maximum period of two (2) months will be allotted for evaluating the Application and notifying the Applicants;

In the notification that authorizes affiliation to the brand “Montado de Sobro e Cortiça” through the use of its seal/logo, conditions pertaining to said authorization will be put forth, requiring the entity holding title to the awarded licencing to specify which products and services, concretely speaking, shall fall under and be limited to the authorization;

Upon notification, the authorized entity shall receive the Manual of Graphic Standards for the brand “Montado de Sobro e Cortiça” which contains the rules for reproducing the logo/hallmark of the brand;

Authorization to use the brand “Montado de Sobro e Cortiça” is granted by the City Hall of Coruche (CMC) for a period of two (2) years, renewable for periods of equal length upon confirmation of compliance to mandatory requirements;

The renewal of the authorization requires submitting a new Declaration of Commitment (Annex III of the present Manual) and copies of the documentation referred to in Article 7, Items nº 1, 3, and 4;

Should the Affiliated Entity at any time desire to discontinue use of the brand “Montado de Sobro e Cortiça”, this decision must be communicated to the Coordinating Commission;

The entities whose products/services are authorized to use the brand “Montado de Sobro e Cortiça” become part of the Registry of Brand Users, described in Article 8 of the present Manual of Affiliation.

AWARDING THE SEAL/LOGO “MONTADO DE SOBRO E CORTIÇA”

Use of the brand “Montado de Sobro e Cortiça” consists of using the seal/logo created for the effect within the scope of the company’s visual identity;

The seal/logo of the brand “Montado de Sobro e Cortiça”, delivered by the Coordinating Commission of the brand, may be digitally incorporated into the label of the product to which authorization has been given;

The seal/logo the brand “Montado de Sobro e Cortiça”, delivered by the Coordinating Commission of the brand, may be digitally incorporated into communication materials, such as websites, social networks, flyers, posters, and other supports;

Companies that manufacture, produce, or provide services, upon authorization of brand affiliation, have the right to place a sticker or plaque at their facilities in accordance with the regulations pertaining to this placement;

The decision of whether to place a plaque or a sticker will be made based upon the number of employees at the establishment, home office, or factory/plant:

Fewer than 10 employees – 3 stickers given for placement at the establishment, home office, or factory/plant;More than 10 employees – a small plaque and 3 stickers given for placement at the establishment, home office, or factory/plant;More than 30 employees – a larger plaque and 5 stickers given for placement at the establishment, home office, or factory/plant;

If the Commission identifies a product/service that it considers to be a “flagship” or “ambassador” of the Brand, it may choose to award a special plaque with the seal of “Montado de Sobro e Cortiça”.

Any costs relative to the incorporation of the seal/logo of “Montado de Sobro e Cortiça” will be the sole responsibility of the entity accepted to brand affiliation.


ARTICLE 8º REGISTRY OF BRAND USERS

1. The names of all authorized entities will be entered into the Registry of Brand Users of the brand “Montado de Sobro e Cortiça”, created by EEC PROVERE, led by the City Hall of Coruche (CMC), which will include relevant information about the entity receiving authorization and the product(s) and/or service(s) and their principal characteristics, and when applicable, mention of the brand or commercial brands that they operate.

2. Any utilization of the brand “Montado de Sobro e Cortiça” by entities receiving authorization is dependent upon the entity’s mandatory inclusion in the Registry of Brand Users.

3. Registration of relevant information in the Registry of Brand Users is free of charge.

4. The Registry of Brand Users for the brand “Montado de Sobro e Cortiça” will be made duly public and easily accessible to the public, thus requiring the City Hall of Coruche (CMC) to be in full compliance with all legislation in force on individual data protection.

ARTICLE 9º CONSEQUENCES RESULTING FROM IMPROPER USE OR NON-COMPLIANCE WITH ESTABLISHED REQUIREMENTS

1. Licence to use the brand “Montado de Sobro e Cortiça” may be revoked by the Coordinating Commission whenever an infraction has been committed by the authorized entity in the following situations:

a) Improper use of the brand;

b) Non-compliance with the obligations laid out in the present Brand Guideline Manual.

2. Should there occur any incidence or circumstance in which there is proper cause to justify that licence to the brand should be revoked, the Coordinating Commission will communicate this situation to the authorized entity, presenting the facts, omissions or relevant circumstances which compel the withdrawal of authorized use of the brand.

3. The revocation of the licence to use the brand “Montado de Sobro e Cortiça” will put into effect the cancellation of any use of the brand, obliging the authorized entity to cancel any utilization of any and all advertising or marketing materials which feature the logo or seal, as well as any mention of same.

4. In any case where licence to use the brand has been revoked, the Coordinating Commission will provide 10 (ten) days for the interested party to assemble counter-allegations and to submit documents that it considers necessary for its defence.

5. Following this period of time, the Coordinating Commission will write a Technical Report to be sent to the City Hall of Coruche (CMC), which will be included in the issuance of a Final Technical Report in which the EEC PROVERE “Montado de Sobro e Cortiça” will consider:

a) Whether the facts, omissions, or circumstances described do not warrant the revocation of licence and should be dismissed;

b) Whether the facts, omissions, or circumstances described may indeed warrant the revocation of licence but are of such a nature as to allow for correction, in which case there should be applied a period of 2 (two) months for the authorized entity to amend any infraction. Should the non-compliance exist after this allotted time, the licence will be effectively revoked;

c) Whether the facts, omissions, or circumstances described indeed warrant revocation of licence and by their nature are not susceptible to correction, thus effectively revoking the authorization to use the brand “Montado de Sobro e Cortiça” and its seal/logo.


ARTICLE 10º FINAL PROVISIONS AND CASES OMITTED

1. The non-authorized use of the brand “Montado de Sobro e Cortiça” constitutes an illicit act and represents an infraction of the law protecting industrial property, giving the City Hall of Coruche (CMC) legitimate authority to act in conformity with the offence.

2. Any case omitted or any situation not provided for in the present Brand Guideline Manual shall be duly deliberated and assessed by the CMC, basing any future judgements with recourse to applicable legislation pertaining to industrial property.

ANNEXES

A) REQUIREMENTS FOR AFFILIATION

ANNEX I REQUIREMENTS

I. TRANSVERSAL REQUIREMENTS FOR AFFILIATION

The transversal requirements are ones which must be met at the moment of application and must be in place during the entire time period of the use of the brand, and by all licenced entities therein, regardless of their type or typology of activity.

T1. The entity must have its Home Office or facilities located in the territory covered by EEC PROVERE “Montado de Sobro e Cortiça”;T2. The entity must hold proper official title (i) relative to the exercise or exploration of its activity within legally applicable terms; T3. The entity must have no outstanding payments to be made to either the Portuguese Tax Authority or Social Security.

II. SECTORIAL REQUIREMENTS FOR AFFILIATION/LICENCING

In addition to the transversal requirements, the following sectorial requirements must be fulfilled with respect to the type of activity:

1. Tourist Activity Support Services

1.1.) Tourist Entertainment Activities

S1. The entity must develop activities in the territory of the Montado de Sobro e Cortiça as a driving agent and differentiating element that emphasizes and makes known the natural heritage and existing biodiversity throughout the territory.

1.2) Accommodations & Lodging

S2. The entity must be a Tourist Development [Empreendimento Turístico] (ii) our and Local Lodging Establishment [Alojamento Local] (iii);S3. The entity must disseminate and promote products, activities and services at the “Montado”, respecting, emphasizing and making known the region’s natural heritage and existing biodiversity.

1.3) Catering

Restaurants:

S4. The entity must include in the menu, and guarantee the availability, of at least one dish prepared with products that are endogenous products to the territory of EEC PROVERE “Montado de Sobro e Cortiça”, namely mushrooms, asparagus, and products using game, among others.

Confectioneries, pastry shops, cafés, and tea houses:

S5. The entity must offer at least two endogenous confections/sweets from the territory in which the EEC PROVERE “Montado de Sobro e Cortiça” is located, assuring their proper identification and presenting them in a prominent fashion amongst the other products on sale.

1.4) Sales spaces

S6. The entity must make available for sale the endogenous products from the territory EEC PROVERE “Montado de Sobro e Cortiça”;S7. The entity must publicize and promote the products, services or activities from the territory EEC PROVERE “Montado de Sobro e Cortiça”, emphasizing and making known the region’s natural heritage and existing biodiversity.

2. Identifying Products

2.1) Food products

Non-transformed products:

S8. The product must be endogenous to the territory EEC PROVERE “Montado de Sobro e Cortiça”.

Transformed products:

S9. The product must include 2 or more endogenous products to the territory of EEC PROVERE “Montado de Sobro e Cortiça”;S10. Exempt from the provisions of the previous Item are those transformed products for which certification does not presently exist, and in such a case, this product, in its manufacture or preparation, must include a component from the territory of EEC PROVERE “Montado de Sobro e Cortiça”.

2.2) Non-Food Products

S11. The producer must be the bearer of an “Artisan Card” (iv) in the case of an artisan or must be a “Handicraft Production Unit” (UPA) in the case of a business;S12. The product must be a material, identifying product from the territory of EEC PROVERE “Montado de Sobro e Cortiça”.

2.3) Immaterial Identifying Products

S13. The product must be one that respects the traditional characteristics that are representative of the specific cultural features of the territory of EEC PROVERE “Montado de Sobro e Cortiça” and that contributes to the valorization of the territory’s endogenous resources and the valorization of the people and their knowledge and expertise.

3. Research/Knowledge

3.1) Projects or Research Work

S14. The project or research/knowledge-based work currently being developed or to be developed must be one based upon the territory of EEC PROVERE “Montado de Sobro e Cortiça” and must focus on endogenous products, with the objective being to deepen the knowledge of and valorize the natural resources, heritage, products and services of this territory.

3.2) Materials with didactic or pedagogical content (v)

S15. The contents must refer to the territory of EEC PROVERE “Montado de Sobro e Cortiça” and the natural and cultural resources that identify the region, with a view to valorizing and expanding the knowledge of the target-public;S16. There must be specific reference made on either the front cover, back cover, packaging, or label that certain contents are specifically linked to EEC PROVERE “Montado de Sobro e Cortiça”.


4. Territory (vi)

S17. Actions/interventions in plans that promote the conservation and valorization of endogenous natural resources of the territory and sustainable development as strategic priorities, whether the intervention is integrated in nature or not.

B) REQUIREMENTS FOR IMPROVEMENT

Requirements for improvement are defined as being those which are not mandatory upon affiliation but which must be fulfilled and carried out following the signing of the Contract and within the time periods determined in the Acceptance Decision.

1. Requirements for Transversal Improvement

TI1. To frequent a training session promoted by the entity managing the brand (except in situations that are duly and properly justified) which focus on acquiring knowledge of brand strategy, the scope of the territory, and the nature of other affiliate entities, among other information considered useful for the operationalization of the brand “Montado de Sobro e Cortiça”;TI2. To promote the brand “Montado de Sobro e Cortiça” with one’s employees and customers, informing them about the territory and the diverse products and services associated with the brand and whenever possible guaranteeing the referral of customers to different products and services of the brand “Montado de Sobro e Cortiça” on offer; TI3. To make arrangements for instruments to assess customer satisfaction (except in situations that are duly and properly justified) which allow for regular monitoring – a customer satisfaction survey and suggestions box for the brand “Montado de Sobro e Cortiça”; TI4. To provide a hyperlink to the “Montado de Sobro e Cortiça” website on all virtual forms/elements of communication, when applicable;TI5. To guarantee (except in situations that are duly and properly justified) that communication with customers in terms of customer service, promotional materials (both in paper and virtual formats), and product labelling is done in Portuguese and one or more foreign language; TI6. To include traditional decorative elements in the presentation of products/services and/or in the decoration of spaces which represent the specificities of the territory in which they are featured, when applicable; TI7. To make available the communication supports that promote visiting the territory of EEC PROVERE “Montado de Sobro e Cortiça”;TI8. To assure that no outstanding payments or debts are accrued with the Portuguese Tax Authority or Social Security.

2. Requirements for Sectorial Improvement

1) Tourist Activity Support Services

1.2) Lodgings/Accommodation

SI1. To be located in the territory, to valorize and highlight the endogenous products of the territory and to valorize natural resources;SI2. To refer customers to other “Montado de Sobro e Cortiço” establishments within the region or the territory whenever one’s full capacity has been reached, when applicable.


1.3) Catering

SI3. To publicize/visually emphasizing (via menus, storefront/showcases, figurative elements, etc.) the products of the brand “Montado de Sobro e Cortiço” (seal/logo) being used, highlighting them and providing relevant information on their origin and quality;SI4. Whenever possible, to promote or participate in workshops/presentations of products/recipes or promotional events for products/recipes.

1.4) Sales/Retail spaces

SI5. To highlight the products of the brand “Montado de Sobro e Cortiço” with their respective seal/logo.

2) Identifying products

SI6. Promover ou participar, quando possível, por si ou em parceria, em workshops/mostra de produtos/receitas ou participar em eventos de promoção de produtos/receitas.

3) Projects or Research Work

SI7. To hold presentation sessions for projects in the territory EEC PROVERE “Montado de Sobro e Cortiço”.

4) Materials with didactic and pedagogical content

SI8. To hold presentation sessions for materials/products and endogenous resources of the territory of EEC PROVERE “Montado de Sobro e Cortiço” in which the brand “Montado de Sobro e Cortiço” as well as its seal/logo is applicable.


FOOTNOTES:

i. National Registry of Tourist Entertainment Agents (RNAAT):

Licence for Tourist Use/Permit for Tourist Purposes, issued by competent authority;

Licencing for a restaurant establishment/unit through an official licence issued by the City Hall in question;

Licencing of a point of sale to the public through an official licence issued by the City Hall in question;

Licence for industrial exploitation that indicates the type of products to be manufactured/produced, namely endogenous products belonging to the EEC PROVERE “Montado de Sobro e Cortiça” and that identifies the geographic origin of the raw material(s), which must be from the territory of EEC PROVERE “Montado de Sobro e Cortiça”,

Official registry as an operator/producer in the fruit and vegetable sector;

Possession of the “Artisan Card” resulting from the process of Recognition of Artisans and Handicraft Production Units (UPA), from the Repertory of Artisan Activities or the National Registry of Handicrafts;

In the case of public or private entities, single-member companies or partnership companies/corporations, proof of registration in the Registry of Activity is required;

In the case of forested properties, due consideration must be paid to licencing and obligations which govern the property owners, namely certification from the Programme for the Endorsement of Forestry Certification (PEFC);

There must exist an unquestionable commitment amongst three dimensions: the economic, the social and the environmental. One’s commitment to these three dimensions is a cornerstone of the brand “Montado de Sobro e Cortiça”;

The way in which the “Montado de Sobro e Cortiça” seal/logo is to be used must be strictly coordinated and always in compliance with those previously used in the same thematic area, namely the Cork Mark seal (https://www.apcor.pt/produtos/cork-mark/);

Other matters arising deemed to be relevant.

ii. Hotel Establishments

Holiday villages

Tourist Apartments

Tourist Complexes (Resorts);

Campgrounds and Caravan Parks;

Rural Tourism Establishments;

Guest Houses/Home-stay Tourism.

iii. Decree-Law nº 128/2014 which approved the legal regime for the exploitation of was published on 29 August and came into force on 27 November 2014:

House

Apartment;

Hostel

Paid lodging/services for a room in a private house


iv. Listing of handicraft activities available at: http://www.ppart.gov.pt/principal.aspx?pagina=reportorio&tipo=1 .

v. Audio-visual material, publications and games

vi. Specific activities organized by local entities – Municipalities, Inter-municipal Communities, etc.


http://www.ppart.gov.pt/principal.aspx?pagina=reportorio&tipo=1

GENERAL DATA

ANNEX II APPLICATION TO LICENCE THE BRAND “MONTADO DE SOBRO E CORTIÇA”

FULL NAME OF THE APPLICANT ENTITY/REPRESENTATIVE:

ADDRESS OF THE HOME OFFICE (REGISTERED WITH THE TAX AUTHORITY):

ADDRESS 1:

ADDRESS 2:

TAXPAYER NUMBER: TELEPHONE:

EMAIL:

ADDRESS OF PRODUCTION UNIT(S):

CITY:

CITY:

CITY:

POSTAL CODE:

POSTAL CODE:

POSTAL CODE:

LEGAL REPRESENTATIVE(S)


NAME:

NAME:

TELEPHONE:

TELEPHONE:

EMAIL:

EMAIL:

PRODUCT(S)/SERVICE(S) APPLYING TO LICENCE THE BRAND


PRODUCT:

TYPE OF PRODUCT/SERVICE:

COMMERCIAL BRAND:

PRODUCT:


COMMERCIAL BRAND:

PRODUCT:


COMMERCIAL BRAND:

PRODUCT:


COMMERCIAL BRAND:

PRODUCT:


COMMERCIAL BRAND:

PRODUCT:


COMMERCIAL BRAND:

OBSERVATIONS:

INFORMATION ABOUT THE PRODUCT/SERVICE

ANNEX III PRODUCT OR SERVICE DESCRIPTION FORM

TYPE OF SERVICE/PRODUCT:

COMMERCIAL BRAND:

COMPANY/PRODUCER:

DESCRIPTION OF THE PRODUCT/SERVICE:

CERTIFICATIONS:

AWARDS RECEIVED:

POINT(S) OF SALE (ADDRESS/CONTACT INFORMATION):

CONTACT INFORMATION

ADDRESS:

TELEPHONE:

EMAIL:

WEBSITE:

SOCIAL NETWORKS:

ANNEX III PRODUCT OR SERVICE DESCRIPTION FORM

DECLARATION OF COMMITMENT

ANNEX IV DECLARATION OF COMMITMENT

I, , holder of Taxpayer Nº ,

legal representative of the company ,

holder of Legal Person Identification Number (NIPC) , hereby declare that I the

company which I represent:

a) satisfies the legal conditions necessary for the exercise of its economic activity and has no outstanding

payments due to the Portuguese Tax Authority or Social Security;

b) is qualified to exercise all activities relevant to the execution of the present contract and holds all legal

licences and authorizations necessary.

I also hereby declare that I have knowledge of the Brand Guideline Manual for the “Montado de Sobro e Conrtiça”

brand drawn up by the City Hall of Coruche and I pledge to comply with all the requirements established both

therein and in its attached Annex documents, and I further agree to all the terms and conditions for the use of the

logo and seal as set forth in the Brand Style Guide presented at the time of the signing of the respective contract.

Signed in , / / 20

The Declarant,

LICENCING CONTRACT FOR THE USE OF THE BRAND, LOGO, AND SEAL “MONTADO DE SOBRO E CORTIÇA”

DRAFT CONTRACT

Made on the , the day of in the year Between:

THE FIRST CONTRACTING PARTY: Mr/Mrs/Ms : Born in the Borough of , in the County of , whose professional domicile is the Praça da Liberdade, Coruche, and having been invested with all due authority to execute the act herein by the Mayor of Coruche and in the Mayor’s name, and in pursuant to the powers granted by Line f) of Item Nº 2 of Article 35 of Law Nº 75 of the year Two thousand and thirteen, dated the Twelfth of September.

AND,THE SECOND CONTRACTING PARTY: Mr/Mrs/Ms: , With Tax Identification nº holder of Citizen Card nº , valid to , residing at , legal representative mandated for the purpose from the company , with Home Office at , with Legal Person Identification Number (NIPC) , registered in . WHEREAS:

1. The City Hall of Coruche holds the title to the brand “Montado de Sobro e Cortiça”, which is a commercial brand protected by intellectual property rights

2. The community brand referred to in the previous Item of this Recital was solicited by the City Hall of Coruche on 9 March 2018

3. The aforementioned brand encompasses classes 27.5.10; 5.1.16 and 24.3.7; 26.1.16; 5.1.16 of International Nomenclature

4. The brand “Montado de Sobro e Cortiça” is exempt from any tax

5. The SECOND CONTRACTING PARTY has applied for affiliation with the brand “Montado de Sobro e Cortiça” and the use of its seal/logo, and has demonstrated compliance with the requirements for affiliation as put forth by the Brand Guideline Manual for the brand “Montado de Sobro e Cortiça”, and that said application has been approved by the FIRST CONTRACTING PARTY within those terms herein reproduced

6. The SECOND CONTRACTING PARTY will demonstrate compliance with the requirements for improvement, which although not mandatory at the moment of licencing must be fulfilled at the signing of the contract and within the deadlines defined by the Acceptance Decision and as approved by the FIRST CONTRACTING PARTY.

7. The SECOND CONTRACTING PARTY has as its principal activity the ___________

8. The terms and conditions for using and reproducing the “Montado de Sobro e Cortiça” logo and seal are to be found in the Brand Guideline Manual and the Brand Style Guide, which, along with Annex I, are an integral part of the present contract.

9. The SECOND CONTRACTING PARTY declares herein its agreement to and acceptance of all terms and conditions for the utilization of the brand, seal, and logo as provided for in the Brand Guideline Manual and the Brand Style Guide, with the latter made available upon the signing of the present contract.

THE CONTRACT FOR LICENCING THE USE OF THE BRAND “MONTADO DE SOBRO E CORTIÇA” IS HERETO SIGNED AND IN SO DOING THE TWO CONTRACTING PARTIES HAVE RECIPROCALLY AGREED TO ITS TERMS AND CONDITIONS, WHICH SHALL BE GOVERNED BY THE FOLLOWING CLAUSES:

DRAFT CONTRACT

CLAUSE Nº 1

1. The present contract has as its object the granting of the licence to use the brand EEC PROVERE “Montado de Sobro e Cortiça”, through which the SECOND CONTRACTING PARTY’s objective is the promotion of the principles of the brand and the support of its activities.

2. The brand consists of a graphic design comprising a figure, whose characteristics are described and laid out in the Brand Style Guide.

3. The SECOND CONTRACTING PARTY hereby immediately declares its acceptance of and adherence to the conditions and terms provided in the Brand Style Guide and the Brand Guideline Manual and will participate in its updating.

4. With respect to the previous Item, the most updated version of the Brand Guideline Manual will be deemed that which is available on the “Montado de Sobro e Cortiça” website.

CLAUSE Nº 2

1. With the signing of the present contract, the FIRST CONTRACTING PARTY authorizes the SECOND CONTRACTING PARTY to utilize the “Montado de Sobro e Cortiça” logo and seal in all promotions and promotional actions that it intends to execute or comes to administer, namely in the form of printed matter, publications, posters, flyers/brochures, advertising documents and other documents allowed for in the Brand Style Guide.

2. Whenever the “Montado de Sobro e Cortiça” logo or seal is used in terms of the previous Item in the present Clause, the Trade Mark symbol™ must be included along with the elements defined in Item nº 2 of Clause Nº 1 and the previous CLAUSE.

CLAUSE Nº 3

1. For the purpose of carrying out the proper use of the “Montado de Sobro e Cortiça” logo and seal, the FIRST CONTRACTING PARTY agrees to supply the SECOND CONTRACTING PARTY, at this present date and time, with a packet of graphic materials needed to reproduce the “Montado de Sobro e Cortiça” logo and seal in digital format.

2. The “Montado de Sobro e Cortiça” logo and seal will be reproduced by the SECOND CONTRACTING PARTY in compliance with the measurements, colours, and forms specified in the Brand Style Guide.

CLAUSE Nº 4

1. The awarding of a licence to utilize the brand through the use of the “Montado de Sobro e Cortiça” logo does not exclude the use and exploitation of the same by the FIRST CONTRACTING PARTY for the identification of any or all products or services within the brand’s scope of protection.

2. The awarding of a licence to utilize the brand through the use of the “Montado de Sobro e Cortiça” logo does not confer to the SECOND CONTRACTING PARTY any right to exclusivity of the same, thus allowing the FIRST CONTRACTING PARTY to award a licence to utilize the brand through the use of the “Montado de Sobro e Cortiça” logo and seal to other legal persons.

CLAUSE Nº 5

1. The SECOND CONTRACTING PARTY hereby professes to knowledge of and agrees to the procedures for monitoring proposed for the Management and Coordination Structure of EEC PROVERE “Montado de Sobro e

Cortiça” which are put forth in the Brand Guideline Manual, whose complete version and addenda will be made available on the “Montado de Sobro e Cortiça” website, thus facilitating and participating actively in its compliance.

2. The SECOND CONTRACTING PARTY will be held responsible for the correct and appropriate use of the “Montado de Sobro e Cortiça” brand.

3. The SECOND CONTRACTING PARTY agrees to collaborate with the management structure of the “Montado de Sobro e Cortiça” brand and to promote the brand in accordance with the provisions laid out in the Brand Guideline Manual.

4. The SECOND CONTRACTING PARTY agrees to integrate into its activities the distinct principles of conservation and valorization of the natural endogenous resources that are present in the territory of EEC PROVERE “Montado de Sobro e Cortiça” and on which it depends, and which thus contribute to local and regional sustainable development.

CLAUSE Nº 6

1. The FIRST CONTRACTING PARTY is the legal and legitimate holder of ownership of the “Montado de Sobro e Cortiça” logo and seal, and of the “Montado de Sobro e Cortiça” registered brand (Registry nºs 596901/596903)

2. The FIRST CONTRACTING PARTY is responsible for the management of the “Montado de Sobro e Cortiça” brand and of all the rights thereto related.

3. Assuming the legal responsibilities as the management entity of the “Montado de Sobro e Cortiça” brand, The FIRST CONTRACTING PARTY agrees to:

a) Create the necessary conditions for the existence of a support structure for promoting visits to the territory;

b) In the case of support structures for promoting visits that are not physically near the territory or located in the territory, guarantee that information is made available in loco to the visitor about where the visitor should go;

c) Guarantee proper signage throughout the territory and its coordination with the support structures for promoting visits;

d) Regulate schedules for operation/opening hours that are set seven (7) days a week and adequate to visitor needs, articulating this task by working with other local entities with spaces to receive/welcome visitors in the interest of assuring that the latter may be available to serve the visitor(s) should a certain support structure be closed;

e) Be a driving agent for actions that promote visits and mobilization (e.g. Open Days/Open House), held during different seasons of the year and directed toward local communities and schools

f) Be a driving agent or participate in the dissemination and promotion of the “Montado de Sobro e Cortiça” brand.

CLAUSE Nº 7

The monitoring of and compliance to the terms and conditions of the present contract will be supervised by the Technical Team of the Management and Coordination staff of EEC PROVERE “Montado de Sobro e Cortiça”, with support received from the Municipality of Coruche and from its respective partners, whose goal is the brand’s proper operationalization and management.

CLAUSE Nº 8

1. The SECOND CONTRACTING PARTY authorizes the FIRST CONTRACTING PARTY to proceed with the publication of the SECOND CONTRACTING PARTY’s name, address, registry number(s) and activities in all types of relevant publications, including Internet pages and at montadodesobroecortica.pt.2. The FIRST CONTRACTING PARTY certifies that all information received during the application process will be guaranteed full confidentiality of all personal data that is protected by law.

DRAFT CONTRACT

CLAUSE Nº 9

The FIRST CONTRACTING PARTY is obliged to maintain the validity of the licence to the brand through the use of the “Montado de Sobro e Cortiça” logo and seal.

CLAUSE Nº 10

1. The present contract will come into effect beginning on the date of its signature by the Contracting Parties and its duration will be a maximum of 2 years.

2. The Contracting Parties may, at any time, propose any alteration which thereafter must necessarily be subject to mutual agreement of the parties.

3. Either of the Contracting Parties may individually withdraw from the present contract upon the presentation of a sound and well-founded reason for such and with prior notice of 30 days to the date of intended rescission.

CLAUSE Nº 11

Whenever the SECOND CONTRACTING PARTY becomes aware of or suspects that there might be any violation of the licenced brand, object of the present contract, as well as any falsification or improper use of the same, the SECOND CONTRACTING PARTY will immediately inform the FIRST CONTRACTING PARTY with all due urgency.

CLAUSE Nº 12

The licence to use the brand, object of the present contract, may not be assigned, ceded or transferred, in any form or by any means, neither in its entirety nor in part, by the SECOND CONTRACTING PARTY.

CLAUSE Nº 13

1. The present contract may be subject to renewal if the SECOND CONTRACTING PARTY is deemed to have successfully complied with the requirements for both application and improvements, as described in the Brand Guideline Manual.

2. The criteria established for licencing and verifying improvements, as provided for in the Brand Guideline Manual, may be the object of subsequent revision and their respective adjustment, with their exact terms to be defined by the FIRST CONTRACTING PARTY.

CLAUSE Nº 14

1. Any non-compliance with respect to any of the obligations emanating from the present contract, including any and all obligations resulting from and present in the Brand Guideline Manual and the Brand Style Guide, will constitute grounds for invoking the right to cancel the contract and to receive compensation for damages, under the law.

2. The cancellation of contract referred to in the previous Item may be activated by either one of the Contracting Parties by sending written notice via registered letter with acknowledgement of receipt.

CLAUSE Nº 15

1. The FIRST CONTRACTING PARTY reserves the right to suspend the licence to use the logo and seal, object of

DRAFT CONTRACT

the present contract, whenever there exists on the part of the SECOND CONTRACTING PARTY any indication of improper or inadequate use or any non-compliance to the established principles, rules and requirements, whether they emerge as relating to the present contract, the Brand Guideline Manual, or the Brand Style Guide.

2. Whenever any indication of infringement or non-compliance occurs, as referred to in the previous Item of the present Clause, the FIRST CONTRACTING PARTY is within its rights to immediately rescind the present contract.

CLAUSE Nº 16

Should any legal requirement or circumstance overriding the will of the FIRST CONTRACTING PARTY cause the authorization for the use of the brand as awarded under the Brand Guideline Manual to be revoked, the present contract will automatically expire without recourse to any type of indemnity or claim made due to the SECOND CONTRACTING PARTY.

CLAUSE Nº 17

The resolution of any conflict emerging from the present contract will be settled by a court of arbitration constituted for the effect.

CLAUSE Nº 18

1. Any and all notifications which must take place with respect to and within the terms of the present contract will be made in writing.

2. The notifications will be made via registered letter with acknowledgement of receipt sent to the addresses present in the RECITAL of the present contract.

3. In the interest of effective communication between the Contracting Parties and in consideration of the operationalization of the present contract, official interlocutors will be appointed by both parties and their full contact information provided, with the provision that it is permissible that said nominees may be distinct and other than the parties’ respective legal representation.

4. Should either of the Contracting Parties need to proceed with the replacement of the contact person named in the previous Item, the other Contracting Party will be informed of this change in a timely fashion.

CLAUSE Nº 19

Any Addendum made to the present contract, including Annexes, will be deemed an integral part of the contract. The present contract is signed by the legal representatives of the Contracting Parties, in duplicate copies of identical content and form and for the same legal purposes and effects. In demonstration of compliance with the terms and conditions of the present contract, the Contracting Parties hereto sign this document in the place and on the date indicated below.

THE FIRST CONTRACTING PARTY

THE SECOND CONTRACTING PARTY

DRAFT CONTRACT

CO-FINANCED BY:LEADING ENTITIES:

New BRAND GUIDELINE MANUAL - Montado de Sobro e Cortiça · 2019. 1. 16. · Brand Guideline Manual...

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