Common use of THE PARTICIPANT SHALL NOT Clause in Contracts

THE PARTICIPANT SHALL NOT. a.) Affix the ▇▇▇▇▇ Certification Logo(s) to any playground surfacing product (and related sales literature) not validated by the Validator; to any decertified playground surfacing product (and related sales literature) for which a notice of noncompliance has been issued by the Validator; to any playground surfacing product (and related sales literature) which has been changed from that as originally validated, and the change has not been certified by the Participant and submitted for validation to the Validator; b.) Use the name of the Validator in any advertising, sales promotions or other publicity material of its playground surfacing products, except as agreed to by the Validator and ▇▇▇▇▇ in writing prior to its use; c.) Use ▇▇▇▇▇’▇ name, logo(s) or any symbol or abbreviation thereof, or any other form of reference which may be interpreted to mean ▇▇▇▇▇, in any advertising; sales promotions; other communication concerning its playground surfacing products, except for the descriptive verbiage; or in such manner as is expressly approved in writing by ▇▇▇▇▇; and d.) Use, under any circumstances, ▇▇▇▇▇’▇ name logo(s), symbol or abbreviation thereof, or any other form of reference which may be interpreted to mean ▇▇▇▇▇, in any advertising, sales promotions or other communication concerning its playground surfacing products, in such manner as to indicate that ▇▇▇▇▇ warrants or approves any playground surfacing product; or that ▇▇▇▇▇ certifies that any playground surfacing product complies with the Standard(s); or that ▇▇▇▇▇ makes any other representation or certification with respect to the playground surfacing product to which the Certification Logo(s) applies, except for the descriptive verbiage or in such manner as is expressly approved by ▇▇▇▇▇. However, upon receipt of verification from the Validator, pursuant to the terms and conditions of this Agreement and the Procedural Guide, the Participant may request from ▇▇▇▇▇ the Certification Logo(s) to identify the product(s) so certified, which may be used initially together with the descriptive verbiage in any sales literature, provided such reproduction of the Logo(s) is in close proximity to the product(s) which have been validated as complying with the Standard(s), and provided the sales literature indicates which products have been so validated, or may be placed on the validated playground surfacing product(s) or its container or packaging. If the Participant makes any statement or representation about the ▇▇▇▇▇ Playground Surfacing Program and ▇▇▇▇▇’▇ relationship thereto, including the descriptive verbiage, such statement or representation must be accurate and factual. See Appendix B for use of Certification Logo and Descriptive Verbiage.

THE PARTICIPANT SHALL NOT. a.a) Affix the ▇▇▇▇▇ Certification Logo(s) to any public playground surfacing product equipment model (and related sales literature) not validated by the Validator; to any decertified public playground surfacing product equipment model (and related sales literature) ), or for which a notice of noncompliance has been issued by the Validator; to or for any public playground surfacing product equipment model (and related sales literature) which has been changed from that as originally validated, validated and the change has not been certified by the Participant and submitted for validation to the Validator; b.b) Use the name of the Validator in any advertising, sales promotions or other publicity material of its public playground surfacing productsequipment, except as agreed to by the Validator and ▇▇▇▇▇ in writing prior to its use; c.c) Use ▇▇▇▇▇’▇ name, logo(s) or any symbol or abbreviation thereoflogo, or any other form of reference which may be interpreted to mean ▇▇▇▇▇, in any advertising; sales promotions; other communication concerning its playground surfacing products, except for the descriptive verbiage; or in such manner as is expressly approved in writing by ▇▇▇▇▇; and d.) Use, under any circumstances, ▇▇▇▇▇’▇ name logo(s), symbol or abbreviation thereof, or any other form of reference which may be interpreted to mean ▇▇▇▇▇, in any advertising, sales promotions or other communication concerning its public playground surfacing productsequipment, except for the descriptive verbiage, or in such manner as is expressly approved in writing by ▇▇▇▇▇; and Use, under any circumstances, ▇▇▇▇▇’▇ name, logo, or any symbol or abbreviation thereof, or any other form of reference which may be interpreted to mean ▇▇▇▇▇, in any advertising, sales (initial here) d) promotions or other communication concerning its public playground equipment, in such a manner as to indicate that ▇▇▇▇▇ warrants or approves any public playground surfacing productequipment model; or that ▇▇▇▇▇ certifies that any public playground surfacing product equipment model complies with the Standard(s); or that ▇▇▇▇▇ makes any other representation or certification with respect to the public playground surfacing product equipment to which the Certification Logo(s) Logo applies, except for the descriptive verbiage verbiage, or in such manner as is expressly approved in writing by ▇▇▇▇▇. However, upon receipt of verification from the Validator, pursuant to the terms and conditions of this Agreement and the Procedural Guide, the Participant may request from ▇▇▇▇▇ the Certification Logo(s) Logo artwork to identify the product(smodel(s) so certifiedvalidated, which may must be used initially together with the descriptive verbiage in any sales literature, provided such reproduction of the Logo(s) is in close proximity to the product(smodel(s) which have been validated as complying with the Standard(s), ) and provided the sales literature indicates which products product(s) have been so validated, or may be placed on the validated public playground surfacing product(sequipment model(s) or its container or packaging. If the Participant makes any statement or representation about the ▇▇▇▇▇ Public Playground Surfacing Equipment Program and ▇▇▇▇▇’'▇ relationship thereto, including the descriptive verbiage, such statement or representation must be accurate and factual. See Appendix B for use of Certification Logo and Descriptive Verbiage.

THE PARTICIPANT SHALL NOT. a.a) Affix the ▇▇▇▇▇ Certification Logo(s) to any public playground surfacing product equipment model (and related sales literature) not validated by the Validator; to any decertified public playground surfacing product equipment model (and related sales literature) ), or for which a notice of noncompliance has been issued by the Validator; to or for any public playground surfacing product equipment model (and related sales literature) which has been changed from that as originally validated, validated and the change has not been certified by the Participant and submitted for validation to the Validator; b.b) Use the name of the Validator in any advertising, sales promotions or other publicity material of its public playground surfacing productsequipment, except as agreed to by the Validator and ▇▇▇▇▇ in writing prior to its use; c.c) Use ▇▇▇▇▇’▇ name, logo(s) or any symbol or abbreviation thereoflogo, or any other form of reference which may be interpreted to mean ▇▇▇▇▇, in any advertising; sales promotions; other communication concerning its playground surfacing products, except for the descriptive verbiage; or in such manner as is expressly approved in writing by ▇▇▇▇▇; and d.) Use, under any circumstances, ▇▇▇▇▇’▇ name logo(s), symbol or abbreviation thereof, or any other form of reference which may be interpreted to mean ▇▇▇▇▇, in any advertising, sales promotions or other communication concerning its public playground surfacing productsequipment, except for the descriptive verbiage, or in such manner as is expressly approved in writing by ▇▇▇▇▇; and (initial here) d) Use, under any circumstances, ▇▇▇▇▇’▇ name, logo, or any symbol or abbreviation thereof, or any other form of reference which may be interpreted to mean ▇▇▇▇▇, in any advertising, sales promotions or other communication concerning its public playground equipment, in such a manner as to indicate that ▇▇▇▇▇ warrants or approves any public playground surfacing productequipment model; or that ▇▇▇▇▇ certifies that any public playground surfacing product equipment model complies with the Standard(s); or that ▇▇▇▇▇ makes any other representation or certification with respect to the public playground surfacing product equipment to which the Certification Logo(s) Logo applies, except for the descriptive verbiage verbiage, or in such manner as is expressly approved in writing by ▇▇▇▇▇. However, upon receipt of verification from the Validator, pursuant to the terms and conditions of this Agreement and the Procedural Guide, the Participant may request from ▇▇▇▇▇ the Certification Logo(s) Logo artwork to identify the product(smodel(s) so certifiedvalidated, which may must be used initially together with the descriptive verbiage in any sales literature, provided such reproduction of the Logo(s) is in close proximity to the product(smodel(s) which have been validated as complying with the Standard(s), ) and provided the sales literature indicates which products product(s) have been so validated, or may be placed on the validated public playground surfacing product(sequipment model(s) or its container or packaging. If the Participant makes any statement or representation about the ▇▇▇▇▇ Public Playground Surfacing Equipment Program and ▇▇▇▇▇’'▇ relationship thereto, including the descriptive verbiage, such statement or representation must be accurate and factual. See Appendix B for use of Certification Logo and Descriptive Verbiage.