This Tracking Attestation constitutes an agreement between CRS and the Facility Representative on behalf of the person or entity that owns the Facility, subject to the terms and conditions set forth herein (the “Agreement”).
A. Term & Termination. The Agreement will begin on the Effective Date identified in the Tracking Attestation and will end one year from the Effective Date or on an earlier date as indicated in the Tracking Attestation (the “Term”), unless the Agreement is terminated early as follows:
- Facility Representative or other authorized Facility representative may terminate and withdraw the Tracking Attestation at any time upon written notice to CRS at verification@green-e.org.
- CRS may terminate this Agreement if:
(a) the Facility (i) is no longer actively registered in a tracking system, (ii) is out of compliance with its tracking system's rules, (iii) fails to notify CRS of any inaccuracy in or change to information provided in the Tracking Attestation, (iv) fails to pay the required Fees, (v) has violated Section E herein, or (vi) has generation or energy attributes subject to multiple claims by end-users, each of which constitute a material breach of the Tracking Attestation, and
(b) such breach is irremediable or (if such breach is remediable) the breach is not remedied within a period of 30 days after Facility Representative being notified in writing to do so
B. Facility Rights and Benefits.
- Identification by CRS. CRS agrees to identify the Facility as having a Tracking Attestation on file by listing the Facility on CRS's website. Certain facilities may be identified as “Approved - Requires Additional Green-e® Verification” if supply from such facilities is subject to steps additional to those for other CRS Listed™ facilities in order to be used toward CRS’s Green-e® certification.
- Trademark License.
A. Grant of License. Subject to Facility’s continuing compliance with the Agreement, CRS hereby grants the Facility Representative a non-exclusive, non-transferable, worldwide, personal, limited license (without the right to sublicense) to use and display the mark “CRS Listed™” (the “Mark”) during the Term, in each case solely to identify Facility as having a Tracking Attestation in effect with CRS. To be clear, the foregoing license applies only to a particular Facility identified in the Agreement and is expressly conditioned on such Facility meeting the requirements set forth herein.
B. Limitations. Facility Representative will not use or display (or authorize others to use or display) the Mark in any manner whatsoever other than as expressly set forth herein. Facility Representative agrees that all use of the Mark, and all goodwill arising out of such use, will inure exclusively to the benefit of CRS. Facility Representative will not adopt, use or apply for registration of the Mark (or any trademark confusingly similar to the Mark) anywhere in the world, and CRS will retain the exclusive right to apply for and obtain registrations for the Mark and any of its other trademarks throughout the world. Facility Representative will not engage, participate or otherwise become involved in any activity or course of action either independently or with others that diminishes or tarnishes the image or reputation of the Mark or otherwise derogates CRS’s rights in the Mark. Facility Representative may use the Mark to indicate that the Facility has a Tracking Attestation in effect with CRS, but will not use the Mark in any way as an endorsement or sponsorship by CRS of any product, service, brand, or other operation. CRS’s acceptance of a Tracking Attestation will not constitute representations or warranties of CRS or give rise to any right of reliance for the benefit of Facility Representative or any third party.
C. Reservation of Rights. All rights not expressly granted in herein are reserved by CRS. Facility Representative acknowledges that it has not acquired, and will not acquire, any claim, right, title or interest in or to the Mark, except the limited right to use the Mark as expressly set forth herein. Facility Representative acknowledges that CRS is the owner of all right, title and interest in and to the Mark, and will not challenge the validity of the Mark, CRS’s ownership of the Mark, or the enforceability of Center’s rights in the Mark during the Term of the Agreement.
D. Cessation of Mark Use. Facility Representative agrees to promptly cease and desist from all use of the Mark in the event: (i) of termination or expiration of the Agreement, without notice and request by CRS, or (ii) that CRS determines that use of the Mark, in any particular manner or in any particular jurisdiction may violate any applicable laws or regulations, be contrary to public policy or may subject Facility Representative or CRS to any third party claims, legal proceedings, governmental investigations or proceedings, penalties or liabilities, upon receipt of notice and request from CRS.
C. Facility Responsibilities.
- Payment of Fee. Facility Representative agrees to pay the applicable Annual Fee shown in the table below. Payment is due immediately upon submission of the Tracking Attestation as a condition of acceptance. Fees are non-refundable. CRS’s products and services may incur fee increases year over year. The Tracking Attestation applies to the current Term and does not guarantee the current rate for any renewals.