Continua Health Alliance® Certification Logo Usage Manual Version: 1.02 August 2009 A Guide for Members Participating in the Continua™ Certification Program Abstract This document describes the requirements and usage guidelines for the Certification Logos, the Certified Word Mark, as well as the Certified Products Database. © 2009 Continua Health Alliance Legal Disclaimer NOTHING CONTAINED IN THIS DOCUMENT SHALL BE DEEMED AS GRANTING YOU ANY KIND OF LICENSE IN ITS CONTENT, EITHER EXPRESSLY OR IMPLIEDLY, OR TO ANY INTELLECTUAL PROPERTY OWNED OR CONTROLLED BY ANY OF THE AUTHORS OR DEVELOPERS OF THIS DOCUMENT. THE INFORMATION CONTAINED HEREIN IS PROVIDED ON AN “AS IS” BASIS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHORS AND DEVELOPERS OF THIS DOCUMENT HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, STATUTORY OR AT COMMON LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CONTINUA FURTHER DISCLAIMS ANY AND ALL WARRANTIES OF NONINFRINGEMENT AND ACCURACY. ® CONTINUA, CONTINUA HEALTH ALLIANCE , the Continua design, and all related logos, are service marks or registered service marks, and CONTINUA CERTIFIED, the design and all related logos are certification marks, of Continua Health Alliance in the United States and other countries. Other trademarks and trade names are those of their respective owners. Copyright 2009 © Continua Health Alliance. All rights reserved. Certification Logo Usage Manual v1.02 August 2009 ii © 2009 Continua Health Alliance Revision History Revision History iii Revision Revision History Date 1.01 First public release January 2009 1.02 Authorized third party use August 2009 August 2009 Certification Logo Usage Manual v1.02 © 2009 Continua Health Alliance Table of Contents 1 Introduction ............................................................................................. 1 1.1 1.2 Purpose/Scope/Audience .................................................................................... 1 Contact Information ............................................................................................. 1 2 Continua™ Certification Logo Usage Requirements............................ 3 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Prerequisites for Using the Continua Certification Logos ..................................... 3 Obtaining the Logos ............................................................................................ 3 Authorized Users of the Logos ............................................................................ 4 Form Requirements............................................................................................. 4 Proper Usage in Association with Certified Products ........................................... 4 Placement Guidelines in Association with Use for Certified Products .................. 5 Prohibited Uses ................................................................................................... 5 3 Related Use of Continua Certified™ Word Mark ................................... 6 3.1 3.2 3.3 Form Requirements............................................................................................. 6 Proper Usage ...................................................................................................... 7 Prohibited Usage................................................................................................. 7 4 Promotional Use of Continua Certification Marks ............................... 8 4.1 4.2 4.3 Prior Consent and Written Approval .................................................................... 8 Factors to Be Considered in Allowing Promotional Use ....................................... 9 Incorporation of Sections 2 and 3 ........................................................................ 9 5 Ownership Attribution ............................................................................ 9 6 Certified Products Database ................................................................ 10 7 Usage Violations ................................................................................... 10 Appendix A. Certification Logo Graphics Guidelines........................ 12 Figures Figure 1. The Continua Certification Logo - Vertical Version..........................................................3 Figure 2. The Continua Certification Logo - Horizontal Version......................................................3 Certification Logo Usage Manual v1.02 August 2009 iv © 2009 Continua Health Alliance Introduction 1 Introduction The Continua™ Certification Logos are intended to represent to consumers that the associated product meets Continua certification testing requirements which support interoperability in personal health devices to offer consumers a broad set of complementary products and services. This Manual discusses permitted uses of the Continua Certification Logos and Certification Word Mark. 1.1 Purpose/Scope/Audience The Continua Certification Program: (a) ensures that all relevant mandatory formats and features are supported by the products, and (b) confirms interoperability between devices in support of mandatory formats and features. 1.2 Contact Information Questions regarding the Certification Logos that are not addressed by this document should be directed to: admin@continuaalliance.org 1 August 2009 Certification Logo Usage Manual v1.2 © 2009 Continua Health Alliance This page intentionally blank Certification Logo Usage Manual v1.02 August 2009 2 © 2009 Continua Health Alliance Continua TM Certification Logo Usage Requirements ™ 2 Continua Certification Logo Usage Requirements This Section generally discusses permitted uses of the Continua Certification Logos (hereafter called “the Logos” or “Logos”) in association with the sale, advertisement, or promotion of certified products. Promotional use of the Logos, to promote the Continua Certification Program generally, is addressed in Section 4 below. 2.1 Prerequisites for Using the Continua Certification Logos For a company to use the Logos shown in Figure 1 and 2 below, it must: • Be a member in good standing with Continua. • Submit a product for certification testing with a passing result. • List the certified product information on the Continua website if it uses the Logos and/or Continua CertifiedTM Word Mark in a public manner. • Have a signed Certification Mark License Agreement with Continua. Figure 1. The Continua Certification Logo – Vertical Version Figure 2. The Continua Certification Logo – Horizontal Version 2.2 Obtaining the Logos Continua will provide access to a copy of the graphic files depicting the Continua Certification Logos after a member company has signed the Certification Mark License Agreement and submitted it to Continua. For further information, contact Continua at: admin@continuaalliance.org 3 August 2009 Certification Logo Usage Manual v1.02 © 2009 Continua Health Alliance 2.3 Authorized Users of the Logos • Use by Member and Member Affiliate only. Except as explicitly expressed in this section, the Logos may only be used by the Continua member and its affiliates (as defined in the membership agreement) that have obtained certification for the product. • Use by an Authorized Third Party. Member and member affiliates that are permitted to use the Logos may sublicense those rights to a third party (such as a retailer of a certified product) to publish the Logos as part of an advertisement for a certified product or for promotional purposes in connection with a certified product, provided that the use of the Logos complies with all requirements in this Manual. The member is solely responsible for the authorized third party’s use of the Logos and is liable for any misuse of the Logos by the authorized third party. The Certification Mark License Agreement sets forth the terms on which sublicenses may be granted and member and member affiliates may not grant sublicenses to use the Logos except as otherwise set forth therein. 2.4 Form Requirements A member shall comply with the following requirements regarding form in its use of the Logos. A. The member shall not alter, cut apart, separate, or otherwise distort the Logos in perspective or appearance. B. The member shall present the Logo in a manner in which it stands alone. The Logos shall not be combined or incorporated into other works, phrases, or designs. C. The member shall not translate the Logos into any other language, even if the Logos are used in non-English speaking countries. 2.5 Proper Usage in Association with Certified Products In accordance with the following rules, the Logos, when used or placed on the certified product or in connection with the certified product, must be used in a manner that clearly associates the Logos with the certified product. Proper usage of the Logos is specified in the Continua Certified: Logo Guidelines found at: http://www.continuaalliance.org/apps/org/workgroup/mwg/download.php/2682/ContinuaCert_Styl eGuide_final_2client.pdf. A. When a Certification Logo is used on a product, it shall be placed directly on the certified product, or on product packaging and user manuals included with the certified product. B. A Certification Logo may be used anywhere in electronic, broadcast and print advertisements, and other promotional materials such as product brochures and catalogues, which feature only the certified product or multiple certified products, as long as it is made clear that the Logo is only associated with the products and not with any company or service, and the usage complies with all other requirements of this Manual. When used in connection with a textual reference to a certified product, the Logo must be placed in a manner that does not lead a reader to believe that the Logo is part of the product name. Example of acceptable usage of a Logo in connection with a textual reference to a certified product are as follows: Certification Logo Usage Manual v1.02 August 2009 4 © 2009 Continua Health Alliance <PRODUCT NAME> or <PRODUCT NAME> C. If multiple products are featured in an advertisement or other promotional materials and some of them are not certified, the Certification Logos must be used only in conjunction with the certified product and must be placed on, or directly adjacent to, an image of the certified product or directly adjacent to a textual description of the certified product. The Logos must not be displayed in such a manner which creates an association with any non-certified product and the usage must comply with all other requirements of this Manual. D. The Logos must never be placed in a manner or position that implies the entire brand or the company (or a subset) is certified. E. Any animation of the Logos must follow the usage as indicated in the Continua Certified: Logo Guidelines. 2.6 Placement Guidelines in Association with Use for Certified Products The following guidelines apply to the placement of the Logos in association with the sale, advertisement, or promotion of certified products. A. Placement on website. It is highly recommended that the member place the Logos on its website in conjunction with certified products. When using the Logos, they must be placed in a manner that only associates them with the certified product to which they relate. The Logo shall not be used in a way that indicates multiple or all of the products of a member are certified, when they are not. If multiple or all products are certified and the website displays a Logo with Certified Product Description, they must not all share the same description unless this usage is completely and factually accurate. The ideal location for the Logos is directly adjacent to the product listing and product image in the product section of the member’s website on the page that describes the specific certified product. B. Placement on Product Packaging. If the Logos are used on product packaging, it is recommended that they be placed on the front or prominent side of the packaging. The Logos may be repeated elsewhere on the packaging. C. Placement on Product. It is recommended that the Logos be placed on the product whenever possible. D. Placement on Product Collateral. It is recommended that the Certification Logos be placed on collateral that is related to the certified product, such as product data sheets, product literature, and user manuals. 2.7 Prohibited Uses Continua prohibits the following uses of the Logos in association with the sale, advertisement, or promotion of certified products. A. The Logos shall never be used or associated with products that Continua has not certified. Certification Logo Usage Manual v1.02 August 2009 5 © 2009 Continua Health Alliance B. The Logos shall never be used in any manner that would imply Continua endorsement of a specific company, its products, or its services. C. The Logos shall not be used in any company name, product name, service name, domain name, website name, or the like. The Logos shall not be used in a manner that disparages Continua. D. The Logos shall not be used on letterhead, business cards, or other stationery. E. The Logos shall not be used on bumper stickers, T-shirts, tie clips, or other similar promotional items, unless the Logo appears as part of the certified product and the usage complies with the requirements of this Manual. F. The Logos shall not be used in a manner that violates the Continua Certified: Logo Guidelines (see Appendix A). 3 Related Use of Continua Certified™ Word Mark Continua owns several trademarks, service marks and certification marks, such as Continua™, Continua Health Alliance® and the Continua Certification Logos. These marks are either registered or pending registration in the U.S. and numerous countries worldwide. Unless you have been granted permission in a License Agreement, use of any of these marks is prohibited, except to refer to the organization called Continua™ or Continua Health Alliance®. This section mainly discusses the word mark CONTINUA CERTIFIEDTM (also known as the “Word Mark” hereafter), which is a valuable asset of Continua and therefore must be protected. A member with certified products may use the Continua CertifiedTM Word Mark in association with text descriptions of the certified products. Such usage is not intended to be a substitute for usage of the Certification Logos, and the member shall not use the Word Mark in lieu of the Logos. Nothing in this Section precludes the use of the Word Mark for promotional purposes, as set forth in Section 4 below. 3.1 Form Requirements A member shall comply with the following requirements regarding form in its use of the Word Mark. A. Usage of upper case or capital letters. The Word Mark may appear in all upper case or capital letters with a space between the words, and followed by “TM” in superscript font. The Word Mark may be used in any font that can identify the uppercase characters. Example: “CONTINUA CERTIFIEDTM” B. Usage of upper and lower case letters. Alternatively, the mark can be written with upper and lower case letters. “Continua” and “Certified” should always begin with an upper case letter. The rest of the words may appear in lower case letters. The word “Certified” should be followed by “TM” in superscript font. The Word Mark may be used in any font that can identify the uppercase characters and lower case letters. Example: “Continua CertifiedTM” C. No alteration of the Word Mark. When using the Word Mark, never vary the spelling, add hyphens, make one word two or more, make two words one, or use a possessive or plural form of the Word Mark. Certification Logo Usage Manual v1.02 August 2009 6 © 2009 Continua Health Alliance 3.2 Proper Usage A member shall comply with the following requirements in its use of the Word Mark A. Always use the Word Mark as a proper adjective (unless referring specifically and only to its existence as a name or a trademark), and do not use it as a verb or noun, or in the possessive or plural forms, or in a generic sense. Example: “CONTINUA CERTIFIED™ product”, or “Continua Certified™ product” As long as a Certification Logos is prominently displayed on the certified product as described in section 2.6C, a member may use the Word Mark on its own (on materials or collateral associated with the certified product) when it is not feasible to display the Logo or other graphics. B. Product Name. The Word Mark must not be used in a manner that would lead a reader to believe the Word Mark is part of the product name. An example of acceptable use include: “XYZ Company’s <Product Name> is a Continua CertifiedTM product” C. Trademark Notice. The trademark notice symbol (™) must be used immediately to the right of the Word Mark (for example: CONTINUA CERTIFIED™) at the Word Mark’s first and most prominent usage and again at its first appearance in the body of the text. Subsequent use of the Word Mark does not require further notice. Whenever possible, the trademark notice symbol should be superscripted after the Word Mark. In regions where the Mark is registered, the trademark notice symbol (® ), should be used on packaging and product materials which is specifically produced for the local region, as long as it is used in accordance with proper usage guidelines described in this section. Examples of proper usages are: “CONTINUA CERTIFIED®” and “Continua Certified®.” Members can refer to the Continua website for information regarding the registration status of the marks in different countries. 3.3 Prohibited Usage The following uses of the Word Mark and related Continua phrases are specifically prohibited. A. No use without executed license. Neither the Word Mark nor any combination of the Word Mark with any other word, design, or other element may be used, in any way, including as a certification mark, unless the user has entered into a written agreement with Continua permitting the usage. B. No use if likely to cause confusion regarding certification status. Neither the Word Mark nor any combination of the Word Mark with any other word, design, or other element may be used in a manner that would weaken the strength and value of the Continua Certified Word Mark by creating confusion regarding its significance. No mark, including the mark Continua and the Word Mark may be used, alone or in conjunction with any word or phrase, that may lead the public to believe that a non-certified product has been certified. Examples of phrases that may not be used in conjunction with non-certified products include, but are not limited to, “Continua interoperable,” “Continua compatible,” “Continua compliant,” “complies with Continua,” “compatible with Continua,” “complies with Continua Guidelines,” “designed to Continua Guidelines,” “complies with Continua specification,” “interoperable with Continua products” and “based on Continua Guidelines.” These phrases should also not be used in place of the Word Mark in conjunction with products which have been certified. The Word Mark may not be used in a context, such as, but not limited to, the phrases “Continua certifiable” and “Continua ready,” that imply that a Certification Logo Usage Manual v1.02 August 2009 7 © 2009 Continua Health Alliance product part or component, when combined with other components or products, will result in a product that will or may successfully pass certification testing in the future. C. No Use as Indicator of Affiliation or Endorsement. Neither the Word Mark nor any combination of the Word Mark with any other word, design, or element may be used in a manner that is likely to suggest a closer relationship with, affiliation with, sponsorship by, or endorsement by Continua with regard to a specific company, its products, and its services. D. No disparagement. Neither the Word Mark nor any combination of the Word Mark with any other word, design, or element may be used in a manner that would disparage Continua. 4 Promotional Use of Continua Certification Marks As noted above, the Continua™ Certification Logos and Word Mark (also known as the “Certification Marks” hereafter) are intended to represent to consumers that the associated product meets Continua certification testing requirements. In order to grow consumer awareness regarding Continua certification, Continua acknowledges that members may from time to time use the Certification Logos and the associated Word Mark in marketing or advertising campaigns. The use of the Certification Marks contemplated in this Section is for the purpose of promoting the Continua Certification Program generally and not a particular certified product or member. The rules regarding promotional use are intended to supplement other permitted uses set forth in this Manual and do not replace or otherwise supersede other applicable uses or restrictions regarding use. This section discusses the circumstances under which members may use the Certification Marks for promotional purposes. 4.1 Prior Consent and Written Approval No advertising or promotional material (in whatever medium) featuring the Certification Marks shall be published or otherwise distributed or publicly displayed without the prior written approval of Continua. All requests to use the Certification Marks for promotional purposes shall be reviewed by the Continua Marketing Committee. Prior to the promotional use of the Certification Marks, Continua members must submit a sample of all materials featuring the marks to the Marketing Committee for consent and approval. The Marketing Committee shall have final authority to permit or deny a promotional use of the Continua Marks. Once the Marketing Committee has approved an item, a member shall not make any change to the item without the Marketing Committee’s prior written approval. Any use of the Certification Marks for promotional purposes without the prior consent and written approval of the Marketing Committee shall be deemed a violation of this Manual. Certification Logo Usage Manual v1.02 August 2009 8 © 2009 Continua Health Alliance Promotional Use of Continua Certification Marks 4.2 Factors to Be Considered in Allowing Promotional Use The following factors may be considered by the Marketing Committee in determining whether a promotional use should be permitted. Continua members should consider these factors in developing promotional materials featuring the Certification Marks. A. Promotional Use. The promotional use should promote the Continua Certification Program generally and not the Continua member, its products, or its services. While Continua members may be permitted to use company names in association with the promotional use, the primary effect should be to promote Continua certification and not the Continua member. B. Non-Endorsement. The Certification Marks should be displayed in such a manner so as not to imply an endorsement of a particular member company, its products, or its services. C. Quality of the Use. The promotional use should be consistent with all other use guidelines maintained by Continua with respect to the Certification Marks, either in this Manual or in the Continua Certified: Logo Guidelines. The Certification Marks should not be used in a manner that disparages or otherwise tarnishes Continua as an organization or the Continua Certification Program. D. Nature of the Use. The Certification Marks should not be used in any company name, product name, domain name, website name, or the like. The Certification Marks should not be used on letterhead, business cards, or other stationary. 4.3 Incorporation of Sections 2 and 3 This Section 4 incorporates all prior restrictions regarding use of the Certification Marks described in Sections 2 and 3 above that are not inconsistent with the promotional use of the Certification Marks as described herein. Nothing in this Section 4 shall be deemed to replace or otherwise supersede other applicable uses or restrictions set forth in this Manual. 5 Ownership Attribution The Continua Health Alliance strongly encourages its licensees to correctly attribute Continua ownership of the marks by using a mark ownership legend. In any material in which the licensee uses a legend to identify third parties as the owner of any marks, the licensee is then required to also include the Continua legend. The preferred form of the legend is: “Continua™, the Continua Logos and Continua Certified™ are trademarks, service marks, or certification marks of the Continua Health Alliance.” The legend should always be a complete sentence, and ordinarily appear on the copyright page, on the last page of material, or on packaging. 9 August 2009 Certification Logo Usage Manual v1.02 © 2009 Continua Health Alliance 6 Certified Products Database When a product is certified, Continua maintains a certified products database which identifies the certified/tested capabilities of the product as defined in the Certification Application. If a member uses the Logo and/or Continua Certified TM Word Mark in a public manner, the member must also have the product listed on the Continua public website (through the certification process). The Continua public listing includes information associated with the certified product. 7 Usage Violations Compliance to this Manual is not optional. If Continua becomes aware of a violation of the Manual, it may take the following actions: • The offending party will be contacted in writing by Continua specifying the infraction to correct the non-compliance. • The member has thirty (30) days from the receipt of the above written document to correct the non compliance. • If the offending party fails to correct the non-compliance, Continua may suspend or terminate its membership and/or bring legal action, as Continua determines to be appropriate under the circumstances. No delay or failure by Continua to take one of the foregoing actions shall be construed as a waiver by Continua of its enforcement rights or acceptance by Continua of non compliance. Certification Logo Usage Manual v1.02 August 2009 10 © 2009 Continua Health Alliance This page intentionally blank 11 August 2009 Certification Logo Usage Manual v1.02 © 2009 Continua Health Alliance Appendix A. Certification Logo Graphics Guidelines The Certification Logo graphics and usage guidelines are outlined in the Continua Certified: Logo Guidelines found at: http://members.continuaalliance.org/apps/org/workgroup/mwg/download.php/2682/latest Certification Logo Usage Manual v1.02 August 2009 12 © 2009 Continua Health Alliance This page intentionally blank 13 August 2009 Certification Logo Usage Manual v1.02