Digital
Prosperity
Basic Package
1. ------IND- 2017 0065 HU- EN- ------ 20170301 --- --- PROJET
Trademark Agreement for the ‘Digital Prosperity Basic Package’ Trademark
Draft
Preamble
The Government decided in Resolution No ……………………. to introduce the ‘Digital Prosperity
Basic Package’ (hereinafter: the ‘Basic Package’) and decided on the tasks related to the Basic
Package.
By way of this Agreement, the limited liability company Digitális Jólét Nonprofit Korlátolt
Felelősségű Társaság (hereinafter: Digitális Jólét Nonprofit Kft.) creates the opportunity for electronic
communications providers, as referred to in § 188, point 14 of Act C of 2003 on electronic
communications (hereinafter: the ‘Act’), which have successfully applied for use of the ‘Digital
Prosperity Basic Package’ Trademark to use said Trademark.
This Trademark Agreement is concluded by and between Digitális Jólét Nonprofit Kft. (company
registration number: 01-09-986454, registered office: HU-1054 Budapest, Zoltán u. 6. ground floor,
represented by: Dr. Viktor Botos), as the Trademark Proprietor, (hereinafter: ‘Trademark
Proprietor’), and
……………………… (company registration number:.………….., registered office:………………..,
represented by:……………..), as the Trademark User, (hereinafter: ‘Trademark User’)
(hereinafter collectively referred to as: the ‘Parties’) at the place and time herein stated under the
following terms and conditions:
Use of the Trademark
1. The Trademark Proprietor declares that the ‘Digital Prosperity Basic Package’ ………………
trademark registered at the Hungarian Intellectual Property Office under case number
M…………. and registration number ……… (hereinafter: the ‘Trademark’) is exclusively
owned by the Trademark Proprietor at a ratio of 1:1.
2. The Parties conclude a Trademark Agreement for the Trademark specified in Section 1
(hereinafter: the ‘Agreement’), based on which the Trademark User acquires a non-exclusive
right to use the Trademark free of charge from the Trademark Proprietor.
3. The Trademark Proprietor authorises the Trademark User to use the Trademark in relation to
Internet access services, as referred to in § 188, point 58 of the Act, that it distributes and
provides independently (hereinafter: ‘services’) in accordance with this Agreement and the
provisions of Annex 1 Digital Prosperity Basic Package Trademark Policy, which forms an
integral part of the Agreement (hereinafter: the ‘Trademark Policy’).The Trademark User may
not confer its right to use the Trademark to any other third party.
4. The Trademark Proprietor undertakes to provide trademark protection at its own expense
during the term of the Agreement and to take action against any unauthorised use of the
Trademark it becomes aware of.
1
Digital
Prosperity
Basic Package
5. The Trademark Proprietor warrants that no third party has the right to restrict or inhibit the use
of the Trademark in Hungary. The Trademark Proprietor also warrants that it has free power
of disposal of the Trademark.
6. The Trademark User undertakes to always provide the services specified in Section 3 in
accordance with this Agreement and the technical parameters and conditions defined in the
Trademark Policy while using the Trademark.
7. The Trademark User shall use the Trademark in relation to the sales of products provided with
the Trademark on business premises, at points of sale and in customer service offices of the
Trademark User, and in advertisements and marketing materials of the Trademark User
regarding its trademark services specified in Section 3, including the online and offline
advertising and marketing materials of the Trademark User relating to the use of the
Trademark and the visual image elements of the Trademark, as defined in the Trademark
Policy. The authorisation to use the Trademark also applies to the contractors and other
contributors of the Trademark User.
8. The Trademark User may not pursue any advertisement activity, make any statement and use
labels or logos that are misleading and may be confused with the Trademark or may be in any
form harmful and detrimental to the Trademark and the Trademark Proprietor.
9. The Trademark may only be used in an advertisement if the advertisement only relates to the
services specified in Section 3, without advertising any other services. The size of the
Trademark image elements may be changed proportionately. If a specific question related to
advertisements is not answered or answered unclearly in this Agreement, the advertisement
relating to the Trademark shall be approved by the Trademark Proprietor before publication.
10. The Trademark Proprietor and its representatives authorised in writing for this purpose may
conduct inspections in order to monitor the Trademark User’s continuous compliance with this
Agreement and the provisions of the Trademark Policy. The person carrying out the inspection
shall produce evidence of his power to do so. The Trademark Proprietor may request the
supporting documentation regarding contractual use, which shall be presented by the
Trademark User. The Trademark Proprietor or its authorised representative may conduct
inspections at points of sale of the Trademark User open to customers in order to check
contractual use during sales. The Trademark User shall allow inspections at a pre-agreed time.
After inspections the Trademark Proprietor shall send a report to the Trademark User.
11. The Trademark Proprietor shall treat the individual information contained in the submitted
application as confidential data, and only publish data to be used for informing successful
applicants for which the Trademark User gave its consent.
Term of agreement and termination
12. The Parties conclude this Agreement for a fixed period of one year. From the day following
the expiry of the fixed period the Agreement is automatically extended for a fixed term
equivalent to the period of the original agreement, even on several occasions, unless any of the
Parties notifies the other party in writing at least two months before the last day of the fixed
period that it does not intend to extend the Agreement.
13. The Parties agree that the technical parameters and other conditions specified in this
Agreement and the Trademark Policy will be reviewed at least once a year, on the same day
each year. If the technical parameters and other conditions are changed in the Trademark
2
Digital
Prosperity
Basic Package
Policy, the content of the Agreement will be modified according to such changes, on the same
day each year.
14. Following expiry of the trademark protection this Agreement is also terminated. The
Trademark Proprietor is obliged to notify the Trademark User of the expiry of the Trademark.
The Parties agree that it is not necessary to submit another application if the characteristics of
the services are changed in such a way that they do not affect compliance with the technical
parameters and other conditions specified in this Agreement and the Trademark Policy. The
Trademark User shall nevertheless notify the Trademark Proprietor of such changes in writing
beforehand. The Trademark Proprietor may carry out any necessary relevant inspections.
15. If the inspection finds that the services under Section 3 do not meet the requirements laid
down in this Agreement and the Trademark Policy, and the Trademark User breaches its
contractual obligation in any other way, the Trademark User shall ensure that any
discrepancies are resolved at the request of the Trademark Proprietor within a reasonable
deadline of no more than 20 days according to the nature of the breach of contract. If such
discrepancies are not resolved by the deadline, the Trademark User acknowledges that this
Agreement may be terminated immediately due to a serious breach of contract.
If the Trademark User cannot meet the requirements laid down in the Agreement, it shall
notify the Trademark Proprietor accordingly within 8 days. In such cases and upon the
Trademark User’s breach of contract, the Trademark Proprietor may decide to terminate this
Agreement immediately.
16. Serious breaches of contract include permission for the unauthorised use of the Trademark,
serious breach of conditions relating to services provided with a trademark, or any act carried
out by the Trademark User that undermines the Trademark’s reputation. The Parties agree that
upon a serious breach of contract the Trademark Proprietor is entitled to terminate the
Agreement immediately.
17. The Parties agree that following termination or cancellation of the Agreement the Trademark
User may not use the Trademark for advertising and marketing purposes in any form after the
deadline. If the Agreement is terminated with immediate effect, the use of the Trademark may
be ceased within a grace period of 30 days, on the condition that the Trademark User shall
cease the use of the Trademark as soon as possible. If this is breached, the Trademark User is
obliged to indemnify the Trademark Proprietor for any damages thus caused.
18. Even upon termination of the Agreement the Trademark User shall offer its subscribers the
services provided with the Trademark until the deadline specified in the individual
subscription contracts under the same conditions.
Other provisions
19. The Parties shall exercise their rights and obligations specified in this Agreement in good
faith, immediately notify the other party of any issues concerning the performance of the
contract in writing, and communicate their statements about the term and content of the
Agreement to each other in writing. The Trademark User waives the right to initiate any
procedure against the validity of the Trademark defined in Section 1 or to file on its own
behalf a trademark application for a designation that is confusingly similar to said Trademark.
3
Digital
Prosperity
Basic Package
20. Through signature on behalf of the company, the Parties may modify this Agreement in
writing at any time by mutual consent.
21. The Parties shall strive to settle any legal disputes arising from this Agreement amicably by
mutual consent. Should these efforts prove unsuccessful, the Parties shall subject themselves
to the exclusive jurisdiction of the Budapest-Capital Regional Court to resolve the dispute.
The provisions of Act XI of 1997 on the protection of trademarks and geographical indications and
Act V of 2013 on the Civil Code in particular shall apply for any issues not governed in the
Agreement.
This Agreement has been read and understood by the Parties and signed as being in full accordance
with their will. This Agreement has been executed in four (4) original copies that are exactly the same,
two (2) copies for the Trademark User and two (2) copies for the Trademark Proprietor.
The requirement for the prior notification of this draft Agreement and the Trademark Policy
constituting an Annex thereto, as stipulated in Articles 5–7 of Directive (EU) 2015/1535 of the
European Parliament and of the Council of 9 September 2015 laying down a procedure for the
provision of information in the field of technical regulations and of rules on Information Society
services, has been complied with.
Date: Budapest, ................. 2017
………………………….
………………………..
Trademark Proprietor
Trademark User
Annexes:
- Annex 1 Digital Prosperity Basic Package Trademark Policy
Countersigned by/Witnessed by:
4
Digital
Prosperity
Basic Package
Digital
Prosperity
Basic Package
Use and Operation Policy
5
Digital
Prosperity
Basic Package
1. General Trademark information
The policy is based on the following trademark:
· Name of designation: Digital Prosperity Basic Package
· Form of designation: coloured, figurative
· Form and colours of the figure used for designation:
- Registration No: 220.156
Digital
Prosperity
Basic Package
List of services provided with the designation – defining the scope of trademark protection according
to the classification system under the Nice Agreement:
Class 38:Telecommunications. (Electronic communications services) All services included in the
alphabetical list of the class.
Class 41:Education; providing of training; entertainment; sporting and cultural activities.All services
included in the alphabetical list of the class.
Class 42: Quality control, certification.
2. Introduction of the Trademark Proprietor
2.1.
The following general information relates to the Trademark Proprietor (Annex 1):
Name: ‘Digital Prosperity Basic Package’ – Digitális Jólét Nonprofit Korlátolt Felelősségű Társaság
Abbreviated company name: Digitális Jólét Nonprofit Kft.
Registered office: HU-1054 Budapest, Zoltán u. 6. ground floor
Postal address: HU-1054 Budapest, Zoltán u. 6. ground floor
Telephone: + 36 1 4745954
E-mail: [email protected]
Website: www.djnkft.hu
Represented by: Dr. Viktor Botos
Professional contact: Dr. Péter Varga
2.2.
Aim of the Trademark Proprietor:
The aim of the Trademark Proprietor is to continuously operate the application system of the ‘Digital
Prosperity Basic Package’ trademark in order to allow as many service providers as possible to offer
the lowest retail-price Internet access services certified by the ‘Digital Prosperity Basic Package’
trademark. The aim is also to allow natural persons who have so far been unable to receive any
Internet access services – partially due to the excessive cost of using the Internet – to subscribe to the
service for a fixed period of time.
6
Digital
Prosperity
Basic Package
3. Conditions and checks of Trademark use, publicity
3.1.
Basic conditions for use of the Trademark
Digitális Jólét Nonprofit Kft. runs an application system for granting rights to use the ‘Digital
Prosperity Basic Package’ trademark, where applications can be submitted continuously.
The right to use the Trademark can be gained by submitting an application. Any electronic
communications provider (hereinafter: the ‘Service Provider’) pursuant to the Act C of 2003 on
electronic communications (hereinafter: the ‘Act’) operating in Hungary may voluntarily apply for the
entitlement to use the Trademark.
The Trademark may only be used based on a successful application and a trademark agreement
(hereinafter: the ‘Agreement’) concluded in accordance with the requirements laid down in this policy.
Applications may only be submitted for Internet access services independently distributed and
provided by the Service Provider that comply with the technical parameters and other conditions
stipulated in Section 4 of this policy.
The basic conditions for use of the Trademark are as follows (the Trademark Proprietor referred to in
the Agreement is Digitális Jólét Nonprofit Kft.; the Trademark User is the Service Provider granted
the right to use the Trademark following a successful application):
The Trademark User may only use the Trademark under the terms and conditions defined in this
Trademark Agreement and Policy.
The Trademark Proprietor gives the Trademark User the right to the non-exclusive use of the
Trademark in Hungary in relation to the classes specified in this policy. Such entitlement is based on
the services provided by the Trademark User using the Trademark of the Trademark Proprietor.
The Trademark Proprietor may specify the Trademark as its own property, allow third parties to make
use of the Trademark, and use the Trademark in relation to its services that belong to classes
containing other services than those listed herein. Such simultaneous non-exclusive trademark rights
do not restrict each other.
The Trademark Proprietor shall hand over two copies of the documentation regarding the subject of
the Agreement to the Trademark User within 15 days after the Agreement enters into force. The
documentation shall include the coloured figurative extract regarding the Trademark on the basis of
which the Trademark can actually be displayed, and the current version of the policy containing the
trademark use conditions.
The Trademark User shall treat any information learned about the Trademark Proprietor, other
Trademark Users and their activities confidentially, and ensure that it is not disclosed to unauthorised
parties. The Trademark User shall also conclude an agreement with the partners and subscribers with
which it works in order to provide use of the Trademark that ensures confidentiality in accordance
with this policy.
7
Digital
Prosperity
Basic Package
3.2.
Checks on Trademark use
After the Trademark Agreement is concluded, the Trademark Proprietor and its relevant authorised
experts will regularly, but at least once a year during the term of the Agreement, check whether the
services provided and distributed by the Trademark User continuously comply with the conditions laid
down in the Trademark Agreement and the Digital Prosperity Basic Package Trademark Policy.
Inspections may be conducted at points of sale of the Trademark User open to customers.
The Trademark Proprietor may request the supporting documentation regarding contractual use
(General Terms and Conditions, anonymous individual subscription contract, invoice), which shall be
presented by the Trademark User. The Trademark User shall allow inspections at a pre-agreed time.
After inspections the Trademark Proprietor shall send a report to the Trademark User.
If the inspection finds that the services do not meet the requirements laid down in the Trademark
Agreement and this policy, and the Trademark User breaches its contractual obligation in any other
way, the Trademark User shall ensure that any discrepancies are resolved at the request of the
Trademark Proprietor within a reasonable deadline of no more than 20 days according to the nature of
the breach of contract. If such discrepancies are not resolved by the deadline, the Trademark User
acknowledges that the trademark Agreement may be terminated immediately due to a serious breach
of contract.
3.3.
Publicity
Based on the trademark right the Trademark User may use the Trademark for its daily operations in a
way determined by the Trademark Proprietor to set apart and promote its services.
The Trademark User undertakes to visibly display the stickers and logos designating the Digital
Prosperity Basic Package provided by the Trademark Proprietor at points of sale of the Trademark
User open to customers (by the entrance and near the cash register) and on websites for information
purposes, and shall immediately remove them once the contractual relationship is terminated. The
Trademark User also undertakes to immediately notify its partner stores of the establishment of the
contractual relationship and fully inform them about its content.
If the Trademark User has a website, it agrees to insert a URL link to the Digital Prosperity Basic
Package website (www.djnkft.hu), and also undertakes to visibly display the Digital Prosperity Basic
Package logo provided by the Trademark Proprietor on its website for information purposes. These
shall be removed immediately upon termination of the Agreement.
The Trademark may also be used as a visual image element placed on business premises of the
Trademark User and in advertisements and marketing materials on the Trademark User’s activity,
including online and offline advertising and marketing materials on the Trademark User and its
services.
On its website, the Trademark Proprietor shall publish a list of the successful Trademark Users and the
services granted the right to use the Trademark.
8
Digital
Prosperity
Basic Package
The Trademark Proprietor shall treat the data contained in the submitted application confidentially,
and only publish data to be used for informing successful applicants for which the Trademark User
gave its consent.
4. Technical parameters regarding the Digital Prosperity Basic Package and application
conditions
The ‘Digital Prosperity Basic Package’ electronic communications service provision on which the
application is based shall meet the following conditions:
TARGET GROUP:
In the case of wireless Internet access services, natural persons (individual subscribers) may receive
Digital Prosperity Basic Package mobile Internet access services if they had no mobile Internet
subscription in the year before the subscription agreement to be concluded with the Service Provider is
signed.
In the case of wired packages, natural persons (individual subscribers) may receive Digital Prosperity
Basic Package wired Internet access services if they or any of their close relatives had no wired
Internet subscription at the address of subscription in the year before the subscription agreement to be
concluded with the Service Provider is signed.
FEE:
No one-off fee items (e.g. installation fee, connection fee) may be determined during the conclusion of
the subscription agreement required for receiving Internet access services (Digital Prosperity Basic
Package). No other regular fees and fee elements may be determined apart from the monthly fee to be
paid for receiving Internet access services (Digital Prosperity Basic Package), and the monthly fee
may not include any such additional elements (e.g. annual fee).
- Taking the price calculation principles of the Service Provider into account, the monthly fee
for receiving Internet access services (Digital Prosperity Basic Package) shall be specifically
at least 15 % cheaper than the next cheapest public Internet access service tariff independently
sold by the Service Provider with at least the equivalent bandwidth and data and the same
term. The monthly fee for the Digital Prosperity Basic Package services shall be paid
according to the invoicing schedule specified by the Trademark User in the General Terms
and Conditions.
SPEED:
In the case of wired packages:
The nominal download speed of the wired Internet access services (wired Digital Prosperity
Basic Package) must be at least 4 Mbit/s, while the guaranteed download speed must be at
least 1 Mbit/s.
9
Digital
Prosperity
Basic Package
In the case of wireless packages:
-
No minimum download speed is determined in the case of wireless Internet access services
(wireless Digital Prosperity Basic Package), but the package guarantees at least HSPA
services (HSDPA, HSUPA, 4G, LTE) with proper network coverage.
OTHER FEATURES:
-
-
-
-
-
The Service Provider is not obliged to provide any other services other than the Internet access
services within the Digital Prosperity Basic Package (e.g. fixed IP address, e-mail address),
but they can be made available on an optional basis.
In the case of Internet access services received in the Digital Prosperity Basic Package, the
Service Provider provides the opportunity to conclude the agreement for a fixed term (of one
or two years).
Within the fixed term of the Digital Prosperity Basic Package agreement, it must be ensured
that changing packages does not entail a penalty payment or have any other similar legal
consequences if the subscriber to the Basic Package intends to shift to a higher-category
package of the contractual Service Provider.
No data traffic restrictions can be imposed on the wired Internet access services Digital
Prosperity Basic Package. An exception to this rule is the improper use defined in the
prevailing General Terms and Conditions of the Service Provider.
The data traffic restriction on the mobile Internet access services Digital Prosperity Basic
Package is at least 500 Mbit/s.
5. How to take action against any unauthorised use of the Trademark
The Trademark Proprietor undertakes to provide trademark protection at its own expense during the
term of the Trademark Agreement and to take action against any unauthorised use of the Trademark it
becomes aware of.
The Trademark Proprietor shall take all possible steps to stop any unauthorised use of the Trademark
and enforce the relevant legal and property claims. The Trademark User may inform the Trademark
Proprietor about any unauthorised use of the Trademark it becomes aware of and the circumstances
thereof verbally or in writing.
10