Physicians Cannabinoid Council Seal of Acceptance

Terms and Conditions

These Terms and Conditions (these “Terms”) apply to the Physicians Cannabinoid Council (“PCC”) Seal of Acceptance program (the “Program”) and the trademarks, designations, and logos used in connection therewith (the “Certification Marks”). By using or applying to use the Certification Marks or otherwise availing yourself of the Program’s benefits, you agree to these Terms on behalf of your organization. You further state that you have the authority to accept these Terms on behalf of your organization and intend to be bound hereby. 

1. Program. Through the Program, and subject to these Terms, PCC permits third parties to display the Certification Marks on certain materials provided by the third party (the “Publisher”) to convey that the materials comply with the applicable approval standards, guidelines, or criteria of PCC. 
2. Ownership. PCC owns the Certification Marks and their associated goodwill. All goodwill associated with the Publisher’s use of the Certification Marks will inure to PCC. The Publisher shall not challenge or take any action inconsistent with PCC’s ownership of the Certification Marks. The Publisher does not and will not acquire any rights in the Certification Marks, but if the Publisher does acquire any rights in the Certification Marks, whether by operation of law or otherwise, the Publisher hereby assigns all rights and associated goodwill to PCC. PCC may determine, in its sole discretion, whether to enforce its rights in the Certification Marks and will control any legal action regarding the Certification Marks. The Publisher shall reasonably assist PCC in protecting the Certification Marks. 
3. Application; Fees; Materials. The Publisher must apply to PCC to use the Certification Marks by completing an application and submitting it to PCC. As part of the application process, the Publisher shall pay the applicable fees.  While PCC will try to process applications as quickly as possible, PCC makes no guarantees that an application will be processed or that approval will be given within a certain period or by a certain deadline. The Publisher should not rely on receiving approval by a certain date. PCC will not be responsible for any costs or expenses incurred by the Publisher based on a desired or expected turnaround time or approval by PCC. 
4. Approval; Rejection. PCC will approve or reject an application in its sole determination based on its testing criteria. The Publisher shall not use the Certification Marks until PCC has formally approved an application in writing and the Publisher has paid all applicable fees. PCC may condition approval on payment of all applicable fees. The Publisher shall not use the Certification Marks based on any “pre-review” or purported approval from any correspondences with a PCC employee (e.g., email or phone conversations). Approval is contingent upon the Publisher’s use of the Certification Marks consistent with the application and any materials submitted as part of the process. If the Publisher changes any materials after having applied, PCC may request that the Publisher resubmit the materials, and PCC reserves the right to charge an additional application fee to review re-submitted materials. 
5. License; Termination. Once PCC has formally approved an application in writing and Publisher has paid all applicable fees, the Publisher will have a 1- year license to use the Certification Marks consistent with the application and any materials submitted as part of the process, and subject at all times to compliance with these Terms and payment of all applicable fees. The license is non-exclusive, non-transferable, non-sublicensable, revocable, and limited to the United States. The license begins on the date stated in the formal written approval from PCC and ends on the 1-year anniversary of that date. The license will not automatically renew. If the Publisher wishes to continue using Certification Marks after the 1-year period has ended, the Publisher must reapply. PCC reserves all rights not granted herein. 
6. Termination. The Publisher’s license will terminate automatically upon the Publisher’s breach of any term, condition, representation or warranty in these Terms, or PCC’s determination that Publisher’s materials or use of the Certification Marks does not comply with PCC’s applicable standards, guidelines, or criteria.
7. Restrictions. The Publisher shall not: (a) use the Certification Marks in any way that may cause confusion about their ownership; (b) take any action that implies affiliation with or sponsorship, endorsement, or approval by PCC other than as contemplated by these Terms; (c) use the Certification Marks to imply that other products or services that Publisher offers have been approved or certified by PCC; (d) register, adopt, or use any name, trademark, domain name, or other designation that includes or violates PCC’s rights in the Certification Marks; (e) use the Certification Marks in a way that would damage PCC’s reputation or goodwill, (f) alter or distort the Certification Marks or combine them with any other symbols, words, images, or designs; or (g) violate any applicable law or regulation when using the Certification Marks. The Publisher’s use of the Certification Marks does not constitute an acknowledgement by PCC that the Publisher complies with any federal, state, or local law or regulation, nor does use of the Certification Marks constitute a guaranty or warranty by PCC as to the quality or accuracy of materials bearing the Certification Marks.  
8. Usage. If the Publisher makes any representations or warranties on the materials that display the Certification Marks, the Publisher shall indicate that the Publisher – not PCC – are making those representations or warranties. The Certification Marks may be used in color or black and white. The Certification Marks may not be used on a background that will compete with legibility (e.g., patterned, non-contrasting color). 
9. Quality Control. If the Publisher becomes aware of an actual or potential violation of these Terms, the Publisher shall immediately notify PCC, reasonably assist PCC with its investigation, and take all reasonable and lawful measures to stop or mitigate the actual or threatened violation. During the term of the Publisher’s 1-year license and for 3 years thereafter, PCC may, upon reasonable prior written notice and during reasonable business hours, audit the Publisher’s books, records, and files relating to these Terms and the Publisher’s use of the Certification Marks to ensure compliance with these Terms. 
10. Disclaimer; Limitation of Liability. The Certification Marks are licensed “as is” without warranty of any kind, including but not limited to a warranty of noninfringement. In no event will PCC be liable for any indirect, incidental, consequential, special, punitive, or special damages arising out of these Terms or the Certification Marks, regardless of the legal theory and even if PCC was advised in advance of the possibility of those damages. PCC’s total liability, if any, arising out of the Terms or the Certification Marks will not exceed the fees that paid to PCC for the applicable 1-year license period giving rise to the liability. 
11. Indemnification. The Publisher shall defend and indemnify PCC (including its affiliates and its and their directors, officers, employees, agents, and representatives) from and against claims, actions, damages, liabilities, losses, fines, penalties, costs and expenses (including PCC’s legal fees) (“Claims”) arising out of or related to: (a) the Publisher’s violation of these Terms; (b) the Publisher’s use of the Certification Marks other than as provided in these Terms; (c) materials bearing the Certification Marks or any products or services promoted through such materials; (d) links or the content of any sites linked by the Publisher in connection with the Publisher’s use of the Marks; and (e) the Publisher’s acts or omissions, including its negligence, willful misconduct, or violation of any applicable law or regulation. The Publisher shall not settle any Claim in a manner that adversely affects the rights of PCC without PCC’s prior written consent. 
12. Changes to Terms. PCC may revise these Terms at any time in its sole discretion. PCC will notify the Publisher if as a result of any revisions use of the Certification Marks becomes inconsistent with these Terms. Immediately upon notice, the Publisher shall cease use of the Certification Marks unless otherwise authorized by PCC in writing (which PCC may condition on a review of the Publisher’s materials), except that the Publisher will have no obligation to recall any materials that display the Certification Marks that have been distributed to the public unless directed by PCC in writing. 
13. Disclosure. PCC may disclose information about the Publisher as necessary in connection for PCC to administer these Terms and use of the Certification Marks. 
14. Costs. The Publisher is solely responsible for all costs and expenses that the Publisher incurs in connection with applying to use and using the Certification Marks, including but not limited to costs and expenses incurred in submitting materials to PCC, as a result of PCC rejecting an application, or in the time it may take for PCC to process an application. 
15. No Assignment. The Publisher shall not assign its license to use the Certification Marks, whether by merger (whether the Publisher is the surviving or disappearing entity), consolidation, operation of law, or any other manner, except with PCC’s prior written consent. Any purported assignment in violation of this prohibition will be void. For purposes of these Terms, a “change in control” is deemed an assignment.  
16. Governing Law; Jurisdiction. Excluding its conflict of law principles, California law governs these Terms. The Publisher shall, and PCC may, commence any action arising out of or related to these Terms or the Certification Marks in the state or federal courts in Los Angeles County, California. In connection with any such action, the Publisher hereby waives objections as to venue, personal jurisdiction, and inconvenience of the forum. PCC may bring an action against the Publisher or the Publisher’s property in the courts of other jurisdictions. 
17. Enforcement. If PCC seeks to enforce these Terms, the Publisher shall not: (a) object to the PCC’s request for injunctive relief on the grounds that equitable remedies are not appropriate; or (b) require PCC to post a bond or other security. If PCC succeeds in enforcing these Terms, the Publisher shall pay PCC’s costs and expenses, including PCC’s reasonable legal fees. 
18. General. If a court of competent jurisdiction determines that any provision of these Terms is illegal or unenforceable, the other provisions of these Terms will remain in force and the provision at issue be reformed and enforced to the maximum extent permissible under law. PCC’s delay or failure to exercise its rights will not constitute a waiver of its rights. These Terms or the Publisher’s use of the Certification Marks does not create any agency, partnership, or joint venture relationship between the Publisher and PCC. These Terms do not contemplate any third-party beneficiaries. These Terms are the entire and exclusive agreement of the parties relating to the subject matter hereof, superseding all other oral or written agreements relating thereto. These Terms take precedence over any conflicting terms contained in any document submitted to PCC by the Publisher, such as a Master Services Agreement, Statement of Work, purchase order, or other document, regardless of when that document is executed. These Terms cannot be modified by printed or handwritten additions, changes, or strikethroughs. 

Version 1.0 Updated: May 30, 2022