1. General
These terms of use (”Terms of Use”) apply to the use of the registered marks owned by the Association for Finnish Work (”Association”), business ID: 0201524-9, Address: PO BOX 429, 00101 Helsinki, Finland, which have been itemised below, by member organisations of the Association.
2. Marks
Organisation mark ”Key Flag” [Reg. nos. 68193 and 109654]
Organisation mark ”Design from Finland” [Reg. no. 260428]
Organisation mark ”Social Enterprise” [Reg. no. 254995]
The Key Flag mark, the Design from Finland mark and the Social Enterprise mark shall later be referred to as ”Mark” and collectively as ”Marks”.
The use of the Marks requires that the organisation is a member of the Association and has authorisation from the Association to use the Mark. The right to use the Marks is usually awarded for three years, however, the Mark committees may also award the right for a shorter period. The rules and conditions of the individual Marks shall be followed when awarding the usage rights.
The Design from Finland mark´s rules
The Finnish Social Enterprise mark´s rules
When implementing the use of the Marks, the organisation which has been awarded usage rights shall accept these Terms of Use and commit to following them.
3. Use of the Marks
The member organisation which has been awarded the usage rights to the Mark shall comply with Finnish law, any official regulations, the code of good practice and these Terms of Use.
The Marks shall be only implemented in the visual formats stipulated in the Association’s guidelines. The Association defines the accepted usage forms of the Marks and maintains these Terms of Use, according to which the Marks shall be used. The Association may update the visual formats of the Marks and the organisation mark registrations, if necessary. The up-to-date visual formats of the Marks can be found in the visual guidelines given on the Association’s web site.
The Marks shall only be used within the awarded usage rights and in accordance with the Terms of Use and the visual guidelines of the Association.
If the usage rights, in accordance with the rules of the Mark, have only been awarded to certain products or services, the Mark shall only be used in the marketing of said products or services. If the same product name or label is used for products or services of which only some fulfil the conditions of the Mark, the Mark shall only be used on the products which fulfil said conditions.
The organisation which has been awarded the usage right to the Key Flag mark or the Design from Finland mark may also use the Mark in its corporate image communications, such as image or brand advertising, when over 75 percent of the company’s turnover is generated by the products or services for which the Marks were awarded and when the organisation has notified the Association of this in its annual notification. When used in corporate image communications, the Marks shall clearly refer to the name or brand of the organisation. The corporate image communication shall however never be misleading.
4. The Correctness and Timeliness of Information
The validity of the usage right for the awarded time requires that the qualification criteria and conditions stated in each Mark’s rules are continuously met and that these Terms of Use are followed. If there are changes in the qualifications or conditions affecting the usage right, it is the Association’s member organisation’s duty to report them in writing to the Association.
The information about the member organisation’s turnover, which affects the Association membership fee and the usage rights of the Marks, shall be based on the information given in the organisation’s financial report and in their bookkeeping. The Association shall have the right to require that the member organisation provide a statement by an accountant or subcontractor or other external party on the organisation’s turnover information and other factors affecting the awarding of the usage rights. The member organisation shall be responsible for providing up-to-date and correct information for the application process.
All information related to the usage right application shall be treated in confidence and kept secret. The member organisation of the Association shall be responsible for ensuring that the usernames and passwords provided for the Association’s web service are only in the use of authorised persons.
5. Consequences of Not Using the Marks in Accordance with the Mark Rules or Terms of Use
The member organisation’s right to use the Marks shall end automatically if the organisation no longer fulfils the qualifications or conditions stipulated in the Mark’s rules. The Association shall have the right to cancel the right to use the mark if the member organisation has given false information or has in any other way misled the Association or if the Association sees that the Mark is not used in accordance with these Terms of Use or the Mark’s rules.
The Association may, in accordance with the situation, give the member organisation a reasonable period of no longer than one (1) month for the rectification of their activities pertaining to the Terms of Use or the Mark’s rules. If the member organisation has not rectified the situation within the time given by the Association, the usage right of the Mark shall end at the end of the rectification period given by the Association.
Once the usage right of the Mark ends, the member organisation’s right to use the Mark in marketing shall end immediately. The Mark shall also not be used on any products manufactured after the usage right ends or any of their packaging. In general, the Mark may be used on the products and their packaging which have been manufactured before the usage right ended for a maximum of six (6) months, after which the Mark shall be removed from any products and their packaging which remain in the possession of the member association after the usage right has ended.
In the event that the Mark has not been used in accordance with the Terms of Use or the Mark’s rules, the organisation shall pay the Association a compensation which is 2 x the Association’s membership fee based on the organisations turnover from the entire time of non-compliance, the sum always being at least 1,000 Euros per annum.
If the Mark has not been used in accordance with the Terms of Use or the Mark’s rules for more than twelve (12) months, the organisation shall pay the Association a compensation which is 2 x the Association’s membership fee based on the organisations turnover for each beginning period of twelve (12) months, regardless of how long the non-compliance continues.
12 December 2019