Title: Non-Software Merchandise Branding Policy Notice: Licensed to the Apache Software Foundation (ASF) under one or more contributor license agreements. See the NOTICE file distributed with this work for additional information regarding copyright ownership. The ASF licenses this file to you under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at . http://www.apache.org/licenses/LICENSE-2.0 . Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. This **Non-Software Merchandise Branding Policy** defines **requirements** for when outside parties may be eligible to request permission to use Apache® marks on non-software merchandise, such as apparel, posters, carry bags, stickers, and other similar items often used as giveaways at conferences or to sell on a website. This policy does **not** apply to any computer hardware or software related items. # Non-Software Merchandise Branding Overview # {#introduction} **In general, you may only use Apache marks such as "Apache *Project*" or "*Project*" or Apache project *logos* on non-software merchandise when such use serves to promote awareness of that Apache project, *and* when such use is *not* in conjunction with other brands.** As a volunteer-run non-profit organization, the ASF does not often produce non-software merchandise. Thus we are happy when outside parties wish to do so in a way that helps promote the independent and community-led Apache Way and our many Apache projects. Note that this does not generally apply to our "Apache" trademark; use of that mark alone on merchandise or the bare Apache feather is **not** allowed without explicit permission. The Apache feather is important to all Apache projects, and is special to our organization, as well as being the primary way that consumers discover our projects. # Contents # {#links} See Also: [Trademark Resources Site Map][resources]. {: .pull-right style="float:right; border-style:ridge; width:200px; padding:5px; margin:5px" } - [Must Not Be Adjacent To Other Brands](#nonaffiliation) - [Must Include Links To Relevant Apache Project On Related Websites](#resources) - [Non-Disparaging References To Apache Brands](#positive) - [No Exclusive Or Controlling Relationship](#exclusive) - [For Profit Sales Consider Profit Donations](#donations) - [Trademark Attributions And Proper Apache Brand Usage](#attributions) - [Logos And Graphics Usage](#graphics) - [Must Not Use "Apache", "ApacheCon", feather trademarks](#apachecon) - [Other Trademark Policies And Resources](#other) - [How To: Request Permission For Merchandise](#permission) - [Policy Rationale](#rationale) # Must Not Be Adjacent To Other Brands # {#nonaffiliation} Apache trademark use on merchandise generally must not be in direct conjunction with or adjacent to other brands. For example, you must not put your corporate logo directly above or beside the Apache CouchDB red couch logo, because that would imply affiliation with or influence over our independent Apache project. Any websites or other electronic media featuring Apache branded merchandise (i.e. for sale or giveaway) **must** clearly and prominently inform the public that the merchandise and your organization are not affiliated with, endorsed by, or otherwise associated with the ASF or any of its projects. # Must Include Links To Relevant Apache Project On Related Websites # {#credit} Any websites or other electronic media used to promote or provide merchandise for sale **must** include a prominent text credit and link to the Apache project homepage whose mark is being used, as well as a mention of the independent community behind the project. A common motto of Apache projects is "Community over Code", and prominent uses of Apache marks must clearly provide credit to the community behind the mark and its project. Websites selling merchandise for profit must include a [trademark attribution][attribution] to the relevant Apache trademark(s). # Non-Disparaging References To Apache Projects # {#positive} Merchandise using Apache marks must not be used to disparage the reputation of the ASF, its projects, or its communities. Factual comparisons of Apache software versus other software are appropriate as long as they are not used in a misleading way. As a non-profit organization devoted to the public good through the software that we produce, it is inappropriate for us to provide permission for outside parties to use our marks to disparage our communities or our work. # No Exclusive Or Controlling Relationship # {#exclusive} Merchandise using Apache marks must not give the impression to relevant consumers that the organization controlling or providing the merchandise or using it as employee apparel or the like has an exclusive or controlling relationship with any Apache project or with the ASF as a whole. For example, apparel bearing the Apache Cassandra eye logo, immediately below a phrase "The *Only* Support For" or the like is not allowed. Use in merchandise made generally available to the community or the public is more likely to be appropriate. Merchandise meant specifically for employee or your corporate partners uniform or wear must be carefully designed to not tie your company's services or employees/partners to the independent Apache project community providing Apache branded software. # For Profit Sales Consider Profit Donations # {#donations} Giving away merchandise, selling at cost, or small scale operations run by individuals or small companies are not required to donate profits to the ASF, although it is always appreciated when possible. Large scale use (more than 500 units) or use by companies primarily making profit from similar merchandise (i.e. tshirt vendors) are expected to provide a percentage of profits as a donation to the ASF. If you are in this situation, please contact trademarks@ to arrange for a specific non-exclusive licensing contract. A preferred agreement would be 10% - 20% of net profits from the goods. The ASF is a US 501(c)(3) public charity. # Trademark Attributions And Proper Apache Brand Usage # {#attributions} Any use of Apache word trademarks on accompanying websites must comply with our trademark policy and follow our [Apache Product Name Usage Guide][guide]. Websites or other electronic media featuring the merchandise, and any "Legal", "About", "Disclaimer", or similarly named pages must feature prominent attributions of all Apache marks available from that website. For example: >Apache *Project*, *Project* and Apache are either registered trademarks or trademarks of the Apache Software Foundation in the United States and/or other countries, and are used with permission as of 2017. The Apache Software Foundation has no affiliation with and does not endorse or review the materials provided at this website, which is managed by *YourBigCo*. This may appear in page footers or in any other appropriate location. The "Apache Software Foundation" text should link to http://www.apache.org/ and the "used with permission" should link to this Services Name Branding Requirements page. Note that you **must** have a current written permission from the VP, Brand Management or the VP of the relevant Apache project to include the "and are used with permission as of 2017" phrase. # Logos And Graphics Usage # {#graphics} Apache product logos may only be used to refer to the Apache products or projects themselves, must be clearly set off from any other organization's branding and logos. You must not change the appearance of any Apache logos when using them, other than to comply with physical limitations of printing. For example, print technologies that only provide black ink may change a colored logo to B&W or greyscale as needed. Reprinting our yellow Hadoop elephant in a different color, like green or blue, is not permitted. # Must Not Use "Apache", "ApacheCon", feather trademarks # {#apachecon} You may not use either the "Apache" nor the "ApacheCon" names, nor confusingly similar names, nor the bare Apache feather logo. These trademarks are reserved for the ASF, its projects, and its own authorized conferences or specifically contracted and authorized sellers. # How To: Request Permission For Non-Software Merchandise # {#permission} If you wish to incorporate any Apache trademarks on non-software merchandise, please [email us on the trademarks@](mailto:trademarks@apache.org?subject=%5btrademark%5d+Merchandise+approval+for) mailing list, and also cc: the relevant private@*projectname*.apache.org mailing list. Thus, to request permission for the cute Apache Flink squirrel logo, email: `trademarks@apache.org, private@flink.apache.org` In your email, let us know both the physical designs you plan to use, as well as the channels you plan to sell or give away on, along with any plans to donate a portion of profits or not. Note that any permissions granted are contingent on remaining in compliance with Apache trademark policies. **NOTE:** Apache *committers* are given special consideration when providing merchandise featuring any of the Apache projects they are associated with. Let us know if you're a committer, and we'll try to help you promote your project! Look in the private SVN repository for /committers/brand/merchandise.txt for details. Selected merchants with existing permissions are featured on our [Support Apache - Buy Stuff listing](//www.apache.org/foundation/buy_stuff.html). # Rationale # {#rationale} The primary mission of the Apache Software Foundation is to provide software for the public good. As a volunteer run non-profit organization, we have a limited ability to provide physical goods bearing our marks to help promote our communities, so we are happy when outside parties do so in a respectful manner, and consider donating some profits. # Other Trademark Guidelines # {#other} Please see our [formal Trademark Policy](//www.apache.org/foundation/marks/) and our [site map of Trademark resources][resources]. # Important Note # {#notes} **Nothing in this ASF policy statement shall be interpreted to allow any third party to claim any association with the Apache Software Foundation or any of its projects or to imply any approval or support by ASF for any third party products, services, or events.** # Policy Version # {#version} This is version 1.0 of this Apache policy document, published in May 2017. Significant changes will be marked with a new version number. [resources]: //www.apache.org/foundation/marks/resources [guide]: //www.apache.org/foundation/marks/guide [attribution]: //www.apache.org/foundation/marks/faq/#attribution