license and certification agreement “the agreement is … · the system is based on general...

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150408_GGNA_License and Certification Agreement_V4.1_en.docx © Copyright GLOBALG.A.P. North America Inc. All rights reserved. Page 1 of 22 LICENSE AND CERTIFICATION AGREEMENT - “the Agreement- is between GLOBALG.A.P. North America Inc. 3553 Chestnut Avenue, Suite 2S, Baltimore, MD 21211-2443, USA (“GLOBALG.A.P. NA”) represented by Dr. Kristian Moeller President Name Title and _____________________________________________________________________ _____________________________________________________________________ (Company legal name and type, e.g. Inc., LLC, etc.; include D/B/A name if applicable) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ (Company legal physical address) “Certification Body (CB)”/”Verification Body (VB)” represented by ____________________________________ __________________________ Name (Use block capitals) Title together - “the Parties-

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Page 1: LICENSE AND CERTIFICATION AGREEMENT “the Agreement is … · The System is based on General Regulations or General Rules, Control Points and Compliance Criteria, Checklists and

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Page 1 of 22

LICENSE AND CERTIFICATION AGREEMENT

- “the Agreement” - is between

GLOBALG.A.P. North America Inc.

3553 Chestnut Avenue, Suite 2S, Baltimore, MD 21211-2443, USA (“GLOBALG.A.P. NA”)

represented by

Dr. Kristian Moeller President Name Title

and

_____________________________________________________________________ _____________________________________________________________________ (Company legal name and type, e.g. Inc., LLC, etc.; include D/B/A name if applicable)

_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ (Company legal physical address)

“Certification Body (CB)”/”Verification Body (VB)”

represented by

____________________________________ __________________________ Name (Use block capitals) Title

together - “the Parties” -

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Whereas

Worldwide retailers, food service, food manufacturers, agricultural producers, and other interested

parties, have developed a comprehensive system of good agricultural practices (G.A.P.) designed to

secure improved consumer and environmental protection, sustainable production, as well as social and

animal welfare. The System is based on General Regulations or General Rules, Control Points and

Compliance Criteria, Checklists and where applicable, approved National Interpretation Guidelines,

Guidelines, supporting documents and Approved Modified Checklist (AMC) standard documents. The

System furthermore contains a Library of Agreements between legal entities such as producers /

producer groups / members of producer groups, sales organizations, packers, resellers, traders,

manufacturers, operators of quality assurance systems, Farm Assurers, Certification Bodies (CB),

Verification Bodies (VB), Market Participants, FoodPLUS GmbH and GLOBALG.A.P. NA.

Definitions

AB means accreditation body and refers to an organization that accredits the

Certification Body according to the ISO/IEC 17065 Standard and that has

signed the Memorandum of Understanding with

GLOBALG.A.P./FoodPLUS GmbH.

AMC means approved modified checklist and refers to a standard with locally

adapted G.A.P. requirements that are recognized by GLOBALG.A.P. as

equivalent to GLOBALG.A.P. Control Points and Compliance Criteria

(CPCC) and which use the GLOBALG.A.P. General Regulations (GR) as

certification rules.

CB means certification body and refers to an entity that has signed this

Agreement with GLOBALG.A.P. NA to engage in a contractual relationship

with Contracting Parties (CPs) to perform inspections/audits on their

operations.

CFM refers to the GLOBALG.A.P. Compound Feed Manufacturing Standard.

The CFM Standard covers the commercial manufacturing of compound

feed for the feeding of livestock and aquaculture species.

Chain of Custody

refers to the GLOBALG.A.P. Chain of Custody Standard. The Chain of

Custody Standard covers the whole supply chain from the producer to the

retailer and is to ensure segregation of the GLOBALG.A.P. certified and

non-certified products and traceability within the supply chain.

CoC number means the Chain of Custody Number (CoC Number). It is the combination

of the “CoC” prefix plus a 13-digit numerical number, not including the

GLOBALG.A.P. trademark, and is unique to each and every Chain of

Custody company. For this number GLOBALG.A.P. uses existing Global

Location Numbers (GLN) issued and to be purchased from the local GS1

organization (www.gs1.org) or alternatively – in its absence –

GLOBALG.A.P. assigns its own interim GLN.

CP means Contracting Party and refers to those producers, producer groups,

producer organizations, sales organizations, packers, resellers, traders,

and manufacturers that produce or commercialize agricultural products

and undergo verification/inspection/audit and/or certification/approval

activities with GLOBALG.A.P. NA licensed entities who are either

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Certification Bodies, Verification Bodies or Farm Assurers.

Data Collecting means the acquisition of data on the Data Subject.

Data Processing means the recording, alteration, transfer, blocking and erasure of personal

data in accordance with Section 3., paragraph 4. of the German Federal

Data Protection Act (BDSG).

Data Protection

Regulations

means the German Federal Data Protection Act (BDSG) and any and all

subordinate legislation made thereunder and any and all primary and

secondary legislation for the time being re-enacting, consolidating or

modifying the same.

Data Subject means the individual, which the Personal Data identifies.

Data Use means any utilization of personal data other than processing.

Database means the GLOBALG.A.P. Database and refers to the electronic database

containing both producer and product information. The physical database

is maintained by GLOBALG.A.P., information contained in the database is

uploaded by Certification Bodies or by Verification Bodies. For

bookmarking in the database, it is uploaded by retailers, suppliers or by

supply chain participants. For farming documentation entered in the

database, it is uploaded by CP or by authorized representatives of CP.

Equivalent Scheme refers to another G.A.P. scheme, with own G.A.P. criteria (similar to

GLOBALG.A.P. Control Points and Compliance Criteria) and own scheme

rules (similar to GLOBALG.A.P. General Regulations). It has gained

equivalent status after the successful completion of the GLOBALG.A.P.

benchmarking process.

Farm Assurer

refers to an entity holding a contractual relationship with GLOBALG.A.P.

NA to provide additional services to CPs including, but not limited to

consulting, training, educational support and second party verification.

GGN means the GLOBALG.A.P. Number (GGN). It is the combination of the

“GGN” prefix plus a 13-digit numerical number, not including the

GLOBALG.A.P. trademark, and is unique to each and every producer and

any other legal entity in the GLOBALG.A.P. System. For this number

GLOBALG.A.P. uses existing Global Location Numbers (GLN) issued and

to be purchased from the local GS1 organization (www.gs1.org) or

alternatively – in its absence – GLOBALG.A.P. assigns its own interim

GLN.

GLOBALG.A.P. or

GLOBALG.A.P./FoodPLUS

GmbH or FoodPLUS

GmbH

refers to the owner and administrator of the GLOBALG.A.P. System, the

FoodPLUS GmbH.

GLOBALG.A.P. Claim means when the CP claims and/or markets that a process, service or a

product complies with a standard/module/program of the GLOBALG.A.P.

System. This includes on-product labeling with the QR Code Logo, the

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GGN, CoC Number or with the LGN.

GLOBALG.A.P. North

America Inc. or

GLOBALG.A.P. NA

refers to the wholly owned subsidiary of FoodPLUS GmbH, which acts as

licensee for FoodPLUS GmbH within North America.

GLOBALG.A.P. Library of

Agreements

consists of License and Certification Agreements (between

GLOBALG.A.P. NA and Certification Body/Verification Body), as well as of

Sublicense and Certification Agreements (between Certification Body and

Contracting Party), License Agreements for Farm Assurers (between

GLOBALG.A.P. NA or FoodPLUS GmbH and the Farm Assurers).

GLOBALG.A.P. Risk

Assessment on Social

Practices (GRASP)

refers to the voluntary GLOBALG.A.P. social Add-On module including its

system rules as a scope of the Licensed Services.

GLOBALG.A.P. System comprises several GLOBALG.A.P. and localg.a.p. Standards or Add-On

modules and system rules. Each one is governed by General Regulations

or General Rules, Control Points and Compliance Criteria, Checklists and

where applicable Approved National Interpretation Guidelines, Guidelines

and supporting documents, which are available on the GLOBALG.A.P.

website. If applicable it comprises also AMC standard documents.

HPSS refers to the Harmonized Produce Safety Standard.

Integrated Farm

Assurance (IFA)

refers to the modular GLOBALG.A.P. on-farm certification Standard and all

its system rules as a scope of the Licensed Services.

Integrity Assessments refers to surveillance visits and assessments conducted or commissioned

by GLOBALG.A.P. NA or by FoodPLUS GmbH within the framework of the

Integrity Program.

Integrity Program means the GLOBALG.A.P. Integrity Program and is a quality management

system designed to ensure the consistent delivery and execution of the

standard worldwide, as well as a feedback mechanism to continuously

improve all aspects of the System. Further information is contained in the

relevant GLOBALG.A.P. General Regulations or General Rules of the

Licensed Services.

Integrity Surveillance

Committee (ISC)

refers to a committee established by GLOBALG.A.P, which advises the

GLOBALG.A.P. Secretariat and GLOBALG.A.P. NA and recommends on

the sanctions as outlined in the General Regulations or General Rules of

the Licensed Services, following a case-by-case approach.

LGN means the localg.a.p. Number (LGN). It is the combination of the “LGN”

prefix plus a 13-digit numerical number, not including the GLOBALG.A.P.

or localg.a.p. trademark, and is unique to each and every producer and

any other legal entity in the GLOBALG.A.P. System. For this number

GLOBALG.A.P. uses existing Global Location Numbers (GLN) issued and

to be purchased from the local GS1 organization (www.gs1.org) or

alternatively – in its absence – GLOBALG.A.P. assigns its own interim

GLN.

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Licensed Services refers to registration, third party inspection/audit and certification or second

party verification and approval provided by CB/VB as scope of activities.

Market Participant refers to companies or individuals who trade in the product from certified

processes.

Personal Data means any information concerning the personal or material circumstances

of an identified or identifiable natural person.

PGM means producer group member and refers to those producers who are

affiliated with CPs, but have no direct contractual agreement with respect

to registration and/or certification activities with a GLOBALG.A.P. NA

licensed CB/VB.

PPM refers to the GLOBALG.A.P. Plant Propagation Material Standard. The

PPM Standard covers the production of propagation material for the

Integrated Farm Assurance Crop Scope.

PSS means Produce Safety Standard and is a subset of Integrated Farm

Assurance Standard.

QR Code Logo means the GLOBALG.A.P. QR (Quick Response) Code Logo and refers to

the GLOBALG.A.P. design QR Code Logos. Unless otherwise provided for

in this Agreement, the rules laid down in the relevant Annexes are

applicable.

Sublicense and

Certification Agreement

means an agreement entered into between CBs/VBs as sub-licensor and

CPs as sub-licensee in the form of Annex to this Agreement.

Scheme Manager GLOBALG.A.P. contact person nominated by the CB/VB. It has the

meaning given to that term in clause 11.1

Territory is the United States of America (USA) and Canada. CB/VB willing to

provide GLOBALG.A.P. Licensed Services in the rest of the world, shall

enter into a contractual agreement with GLOBALG.A.P./FoodPLUS

GmbH.

Trademark refers to the names, logos, QR Code Logos and trademarks

“EUREPG.A.P.”, “GLOBALG.A.P.”, “localg.a.p.”, ‘’GLOBALG.A.P. Add-

On’’ as owned by GLOBALG.A.P./FoodPLUS GmbH

VB means verification body and refers to a localg.a.p. or Add-On inspection

and/or verification body. The Certification Body or a Farm Assurer may act

as a VB for certain localg.a.p. or Add-On programs.

Working Days means any day excluding Saturdays, Sundays and public holidays in

Maryland, Montgomery County, USA.

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NOW THEREFORE IT IS AGREED:

1. SUBJECT OF THIS AGREEMENT

This Agreement establishes the rights and obligations of GLOBALG.A.P. North America Inc.

(GLOBALG.A.P. NA), as the licensee in North America for the GLOBALG.A.P. System

coordinator, of FoodPLUS GmbH and of the certification body (CB) / verification body (VB) as the

independent organization for verification, inspection, audit, certification and/or approval and sub-

licensing activities for the Licensed Services within the framework of the GLOBALG.A.P. System.

2. GRANT OF LICENSE

2.1 Content and Territories of License

GLOBALG.A.P. NA hereby grants a non-exclusive, non-transferable license to CB/VB to use the

Trademark and, if applicable, the QR Code Logo within the Territory; to enter into Sublicense and

Certification Agreements with contracting parties (CPs); register CPs; enter producer and product

information provided by CPs and their PGMs into the Database; and to conduct Licensed

Services.

2.2 The scope of the Licensed Services shall be agreed in this Agreement as listed under clause 26.

2.3 The Parties may from time to time amend this license and add products and certain further

Licensed Services to this license by written amendment (extension or reduction) to this

Agreement according to General Regulations or General Rules.

2.4 Limitations on Use and Quality Control

(a) CB/VB shall ensure that the nature and quality of the Licensed Services does not violate

the framework and rules of the GLOBALG.A.P. System, and that all uses of the

Trademark, and, if applicable, the QR Code Logo, in all advertising, promotional and

other forms shall be under the control of GLOBALG.A.P. NA. CB/VB shall cooperate with

GLOBALG.A.P. NA in facilitating GLOBALG.A.P. NA’s control of such use of the

Trademark and the QR Code Logo.

(b) CB/VB shall use the Trademark and, if applicable, the QR Code Logo only in the manner

provided by GLOBALG.A.P. NA and the CB/VB shall not alter, modify, or distort it in any

way.

(c) CB/VB shall indicate when using the Trademark and/or the QR Code Logo that it is a

registered trademark.

(d) When reasonably requested by GLOBALG.A.P. NA, CB/VB shall submit to

GLOBALG.A.P. NA for approval, representative samples of its advertising and

promotional materials using the Trademark, and/or, if applicable, the QR Code Logo.

(e) CB/VB shall not alter official GLOBLALG.A.P. advertising or promotional materials for the

Licensed Services without GLOBALG.A.P. NA’s prior written approval.

(f) CB/VB shall advertise and promote the Licensed Services in accordance with all

applicable national, state, provincial, local, or other laws and regulations. GLOBALG.A.P.

NA’s approval of any sample advertising or promotional materials is not to be construed

to mean that GLOBALG.A.P. NA has determined that the advertising or promotion

conforms to the laws or regulations of any jurisdiction.

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(g) CB/VB shall not use the Trademark, and/or, if applicable, the QR Code Logo, in any

manner that could be construed as distasteful, offensive, or controversial.

(h) CB/VB shall not use the Trademark and/or, if applicable, the QR Code Logo, in any

manner that discredits or tarnishes the reputation or goodwill of GLOBALG.A.P. NA

and/or FoodPLUS GmbH; is false or misleading; violates the rights of others, any law,

regulation, or other public policy; or mischaracterizes the relationship between

GLOBALG.A.P. NA and CB/VB.

(i) CB shall issue AMC certificates and use an AMC trademark/logo only with the written

approval of the AMC owner.

(j) CB/VB shall use neither the Trademark, GGN, LGN, CoC Number nor the QR Code Logo

as part of its company name nor in any other way identify GLOBALG.A.P. as part of its

business.

(k) CB/VB shall promptly cease and desist from any and all use of the Trademark and/or QR

Code Logo upon termination of this Agreement for any reason.

2.5 CB/VB may grant sublicenses of the Licensed Services to CPs only in compliance with the

applicable rules of the GLOBALG.A.P. System (i.e. all Annexes to this Agreement) in their most

recent versions. CB/VB shall ensure by appropriate contractual provisions that the CPs assume

an obligation to comply with the provisions of the GLOBALG.A.P. System in their most recent

versions. To this end, CB/VB shall enter into Sublicense and Certification Agreements with its

CPs. This agreement with the CP shall provide for a minimum term of one (1) year up to a

maximum term of four (4) years. Renewal periods for terms of (1) one year up to four (4) years

are permissible.

2.6 The sublicense granted to the CPs entitles the CPs to distribute and market their products under

the Trademark and, if applicable, the QR Code Logo only to the extent that these products have

been registered with CB/VB and are produced, handled or traded in productions site or locations

registered with CB/VB in full compliance of the CPs (or another PGM that has been registered

with CB/VB via the CPs) with the compulsory conditions of the relevant GLOBALG.A.P. System

rules including the General Regulations or General Rules, the National Interpretation Guidelines

and AMCs (Annex 4) where they apply.

2.7 CPs are not entitled to grant sublicenses of neither the Trademark nor the QR Code Logo.

2.8 The use of the Trademark, QR Code Logo and the GGN, CoC Number or LGN as permitted

under this Agreement shall be as follows:

(a) CB/VB shall follow the relevant GLOBALG.A.P. System rules concerning the use of the

Trademark, GGN, LGN, CoC Number and the QR Code Logo within the scope of the

Licensed Services.

(b) The Trademark shall never appear on the product, consumer packaging of the product

nor at the point of sale where it is in direct connection to individual products.

(c) The GLOBALG.A.P. trademark may be used on Compound Feed Manufacturing (CFM)

certified feed, on GLOBALG.A.P. certified Plant Propagation Material, and on IFA certified

aquaculture inputs (e.g.: ova, seedlings, etc.) that are used as inputs for the production of

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Page 8 of 22

the final products (as listed in the GLOBALG.A.P. product list), are not intended to be sold

to final consumers, and will not appear at the point of sale to final consumers.

(d) The QR Code Logo may appear on the product, consumer packaging of the product or at

the point of sale where it is in direct connection to individual products as the

GLOBALG.A.P. Claim.

(e) CPs are entitled to use the ‘’GLOBALG.A.P.’’ or ‘’localg.a.p.’’ name and Trademark and

the QR Code Logo in business-to-business communication according to the rules of the

applicable Licensed Services as the GLOBALG.A.P. Claim.

(f) Where CB/VB or CP does not yet comply or no longer complies with the GLOBALG.A.P.

System, the GLOBALG.A.P. Trademark and GLOBALG.A.P. Claim may not be used.

This includes the use of QR Code Logo, GGN, CoC Number or LGN use for on-product

labeling.

2.9 The Parties may agree upon further variations of usage. Any and all such amendments must be

in writing to be valid. Agreements between CB/VB and their CPs require the prior written approval

of GLOBALG.A.P NA.

3. OWNERSHIP OF THE TRADEMARK AND THE QR CODE LOGO

3.1 The Trademark and the QR Code Logo licensed hereunder are the sole property of FoodPLUS

GmbH and it is non-exclusively licensed to GLOBALG.A.P. NA. During the term of this

Agreement and thereafter, CB/VB shall not attack GLOBALG.A.P. NA and FoodPLUS GmbH’s

title to the mark, or aid others in questioning or disrupting the validity of the marks or this

Agreement; and that all use of the mark by CB/VB inures to the benefit of GLOBALG.A.P. NA and

FoodPLUS GmbH’s.

3.2 CB/VB shall provide documents and information reasonably necessary with respect to activities

required to maintain GLOBALG.A.P. NA and FoodPLUS GmbH’s rights in the Trademark and the

QR Code Logo, and to confirm GLOBALG.A.P. NA license and FoodPLUS GmbH’s ownership of

those rights. CB/VB shall cooperate with GLOBALG.A.P. NA in obtaining and maintaining

applications and registrations as may be required, for example by providing usage information.

4. GLOBALG.A.P. SYSTEM

4.1 GLOBALG.A.P. NA shall be responsible for maintaining the GLOBALG.A.P. System within the

Territory.

4.2 GLOBALG.A.P. NA shall compile information materials concerning the documents for the relevant

approved standards, scopes and sub-scopes and make these available to CB/VB. CB/VB shall

transfer this information, including updates, to its CPs without undue delay.

4.3 GLOBALG.A.P. NA shall participate in the development of its standards for the identification and

traceability of products in the food chain and will inform CB/VB of these accordingly. CB/VB shall

transfer this information to its CPs within (2) two weeks.

4.4 GLOBALG.A.P. NA may offer advisory services to the CPs of CB/VB, if requested by CP, about

the application of the GLOBALG.A.P. System and any further questions that CPs may have

concerning the GLOBALG.A.P. System. GLOBALG.A.P. NA may charge a consulting fee for such

services to the CPs, where indicated beforehand.

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5. REGISTRATION, INSPECTION AND CERTIFICATION

5.1 CB/VB shall be responsible for carrying out the registration, verification or inspection and

certification activities in compliance with the relevant GLOBALG.A.P. System rules (all Annexes)

and/or other regulations as specified in this Agreement.

5.2 Where CB/VB registers CPs in the Database, CB/VB shall be responsible for confirming the

registration to the CPs and informing them of the GGN, CoC Number or LGN, which has been

assigned by the Database to the CP’s legal entity.

5.3 If, while registering or updating CP data, CB/VB detects that any information supplied by the CPs

is inconsistent with registration information previously recorded and saved in the Database or with

the actual production situation, CB/VB shall be responsible for working with the CP or his/her

Farm Assurer to take all appropriate actions to ensure that the correct information is entered.

5.4 Any objective evidence that indicates that CP or an applicant has been misusing the

GLOBALG.A.P. Trademark and/or the GLOBALG.A.P. Claim shall lead to the exclusion of the CP

or an applicant CP from the GLOBALG.A.P. System for twelve (12) months after evidence of

misuse. CB/VB shall communicate GLOBALG.A.P. NA such events. The applicants will be listed

as excluded and the CB/VB shall check this list before registration in the Database.

5.5 The verification/inspection/audit activities of CB/VB are to be carried out at the respective

registered production sites of the CPs and, to the extent relevant, at their relevant administrative

sites.

5.6 CB/VB shall issue a certification or verification/approval certification document after a positive

evaluation decision following the deadlines of the applicable GLOBALG.A.P. System rules

(including all Annexes) and at the same time register the certification or verification/approval in

the Database.

5.7 If CB/VB, during an inspection or verification, detects that the CPs do not comply with the relevant

GLOBALG.A.P. System rules, it shall take appropriate action pursuant to the list of sanctions of

the relevant General Regulations or General Rules to ensure compliance.

5.8 GLOBALG.A.P. NA is entitled to directly enforce upon CP the measures described in the list of

sanctions within the relevant GLOBALG.A.P. System rules.

5.9 GLOBALG.A.P. NA and any agent commissioned by GLOBALG.A.P. NA is entitled to participate,

upon prior notice, in verifications, inspections or audits carried out by CB/VB.

6. REPORTING

6.1 All registration information made within the framework of the Database belongs to the CP that has

contracted for the service with CB/VB. CB/VB shall keep the registration and certification

information confidential, unless otherwise agreed upon in writing or electronically by the CP

owning the data.

6.2 CB/VB shall enter or transfer the verification/inspection/audit checklist and results as well as

relevant producer and product registration and status data in the Database

(https://database.globalgap.org) manually, via web-interface or electronic interface for all

conducted verifications/inspections/audits when requested by GLOBALG.A.P. NA

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6.3 CB/VB shall obey its confidentiality obligations with CP and with GLOBALG.A.P. NA covering

clause 6. of this Agreement in accordance with the provision of clause 24. below and Annex 2.

6.4 If measures have been taken by CB/VB according to the applicable list of sanctions, then CB/VB

shall ensure that they have been complied with and are effective. Additional costs that are

incurred are governed by clause 12. below.

6.5 CB/VB agrees that GLOBALG.A.P. NA is entitled to have access to all of CP’s data registered in

the Database and release such data to third parties according to the applicable rules of the scope

of the Licensed Services and associated Data Access Rules (Annex 2).

6.6 Where CB/VB is instructed by CP to select the custom level of data access in the Database and

authorize access to these data to Market Participants on CP individual level, CB/VB shall enter

such access authorization settings in the Database.

6.7 CB/VB agrees that GLOBALG.A.P. NA is entitled to communicate to all GLOBALG.A.P. members

the instances where CP’s certificate has been suspended or cancelled in the course of

GLOBALG.A.P. sanctioning. This information includes CP’s GGN or LGN or CoC Number,

organization name of CB/VB, CP’s GLOBALG.A.P. registered products and CP’s organization

name, address and trade name.

7. TRAINING

7.1 CB/VB shall verify, record and monitor the requirements set for assessor/inspector/auditor

qualification including requirements for initial training and for maintenance of competency, provide

its own employees with regular training, and ensure that all registered GLOBALG.A.P. System

assessor/inspector/auditor and all other relevant staff completes and passes all the required

trainings and tests according to the applicable GLOBALG.A.P. System rules.

7.2 CB/VB shall pay training fees for required and for additional voluntary training provided by

GLOBALG.A.P. NA according to the latest version of the GLOBALG.A.P. NA Fee Table (Annex

5.).

7.3 Furthermore, CB/VB shall register its entire relevant staff including assessors, inspectors and

auditors in accordance with the GLOBALG.A.P. System rules and pay the relevant training and

examination fees per registered assessor/inspector/auditor according to the latest version of the

GLOBALG.A.P. NA Fee Table (Annex 5.).

8. ACCREDITATION

8.1 Where required by the scope of the Licensed Services, CB shall achieve accreditation by an

accreditation body (AB) specified in the relevant GLOBALG.A.P. System rules, pursuant to the

ISO/IEC Guide 65 or ISO/IEC 17065 Standard to the scope of the Licensed Services. Where

such an accreditation has been applied for after the signing this Agreement, but not yet granted,

compliance with the above-mentioned GLOBALG.A.P. System rule shall be sufficient until CB has

been accredited.

8.2 For provisionally approved CBs with a valid ISO/IEC 17065 accreditation, the maximum number

of non-accredited certificates per scope is limited to twenty (20) producers all together under both

individual and group certification per scope of the Licensed Services. For those provisionally

approved CBs without such previous accreditation the number of non-accredited certificates for

the first approved scope is limited to five (5) individual producers per scope of the Licensed

Services.

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8.3 Failure to provide proof of accreditation within six (6) months after provisional approval entitles

GLOBALG.A.P. NA to terminate this Agreement for cause. The same applies where CB is

suspended or cancelled by an AB, or ceases to be accredited to relevant scope(s) of the

Licensed Services, or where it no longer complies with the GLOBALG.A.P. System rules.

8.4 CB shall provide specific information to GLOBALG.A.P. NA directly related to its current

GLOBALG.A.P. relevant ISO/IEC Guide 65 or ISO/IEC 17065 accreditation status and permit the

responsible AB to do so, including:

(a) The accreditation status of CB for those GLOBALG.A.P. System relevant accredited sub-

scopes current at the date of a request for information by GLOBALG.A.P. NA;

(b) Date of any - including planned - AB visits to assess GLOBALG.A.P. System relevant

accreditation sub-scope;

(c) Details of any instances of non-compliance raised by the AB during an assessment;

(d) CB offices considered by the AB to be "Critical Locations".

9. CHANGES AFFECTING ACTIVITIES OF CERTIFICATION BODY/VERIFICATION BODY

9.1 CB/VB shall immediately inform GLOBALG.A.P. NA of all changes in personnel relevant for the

management of the GLOBALG.A.P. System (e.g. change of the Scheme Manager, In-House

Trainer, etc.), changes that may affect its performance as an independent CB/VB, in particular

any changes in its accreditation status including suspension, withdrawal of accreditation or any

changes to its corporate structure (including the change of its ownership, legal entity or d/b/a/

name, legal entity type, primary location and contact information).

10. INTEGRITY PROGRAM

10.1 CB/VB authorizes GLOBALG.A.P. NA and FoodPLUS GmbH to carry out Integrity Assessments

in CB/VB’s premises and in the CP’s sites certified or registered by CB/VB.

10.2 CB/VB shall cooperate with GLOBALG.A.P. NA and with FoodPLUS GmbH during Integrity

Program activities and remedy any CP non-conformity found during Integrity Assessment.

10.3 CB/VB shall actively cooperate with GLOBALG.A.P. NA and FoodPLUS GmbH during the

management of complaints related to the CP or to the CB/VB. In particular, neither CB/VB nor CP

shall refuse, hinder or avoid residue, contamination, traceability, fraud or CB/VB Integrity Program

investigations in the event of a complaint.

10.4 In the event of a residue, contamination, traceability, fraud or complaint investigation,

GLOBALG.A.P. NA, FoodPLUS GmbH and CB/VB shall be entitled to directly take product

samples for laboratory analysis. A summary/report of the investigation shall be sent to the

complaining party and the CP.

10.5 Before, during and after the Integrity Assessment, CB/VB shall grant GLOBALG.A.P. NA and

FoodPLUS GmbH access to any information, documents and sites and provide the requested

information relevant to complete the Integrity Assessment within the timeframe required by

GLOBALG.A.P. NA

10.6 The result of the Integrity Assessment will be available to the AB - and where applicable - to the

benchmarked scheme owner.

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10.7 CB/VB accepts those sanctions including fines and cost reimbursement obligations proposed by

the Integrity Surveillance Committee (ISC) and enforced by GLOBALG.A.P. NA and FoodPLUS

GmbH. The sanctions will be communicated publicly and to GLOBALG.A.P. members pursuant to

the GLOBALG.A.P. System rules.

10.8 Following an ISC proposal, GLOBALG.A.P. NA and FoodPLUS GmbH may directly suspend a

CB/VB assessor/inspector/auditor based on the outcome of one or more Integrity Assessments

and forbid the person to carry out any verifications/inspections/audits in the GLOBALG.A.P

System.

10.9 Should the ISC propose a cancellation of this Agreement based on Integrity Assessment or

investigation results, the CB/VB may appeal such cancellation through the arbitration provisions

set forth herein.

10.10 When this Agreement is cancelled or otherwise terminated, CB/VB shall inform its CPs without

undue delay. Failing this, GLOBALG.A.P. NA reserves the right to inform CPs directly.

10.11 With the prior agreement of the AB, CB/VB accepts that GLOBALG.A.P. NA and FoodPLUS

GmbH may join the assessment team of the AB during its assessment and the AB may join the

Integrity Assessments.

10.12 Integrity Assessments visits that are carried out on a routine basis will be covered by

GLOBALG.A.P. NA and shall cause no additional costs for the CB/VB. However, if during routine

Integrity Assessment, incidents are found that lead to follow-up Integrity Assessment visits,

GLOBALG.A.P. NA reserves the right to charge CB/VB for these additional Integrity Assessment

visits (as per Annex 2). Where the total number of days for such follow-up Integrity Assessment

visits exceeds three (3) days, the decision of the ISC is needed. In addition, GLOBALG.A.P. NA

may impose fines and/or cancel this Agreement with CB/VB (as per Annex 2). CB/VB shall

promptly pay any such charges or fines upon receipt of invoices from GLOBALG.A.P. NA.

10.13 Integrity Assessments that are carried out to investigate complaints received by GLOBALG.A.P.

NA or by FoodPLUS GmbH are initially covered by GLOBALG.A.P. NA. Where complaints are

found to be valid, GLOBALG.A.P. NA reserves the right to charge CB/VB all, or part, of the

investigation costs following the decision of the ISC (as per Annex 2). In addition, GLOBALG.A.P.

NA may impose fines and/or cancel this Agreement with CB/VB (as per Annex 2). CB/VB shall

promptly pay any such charges or fines upon receipt of invoices from GLOBALG.A.P. NA.

11. NOMINATION OF SCHEME MANAGER

11.1 CB/VB shall nominate one contact person (“Scheme Manager”) who is proficient in English with at

least inspector qualification in compliance with the compulsory criteria of the relevant

GLOBALG.A.P. System rules to be the representative of CB/VB with GLOBALG.A.P. NA and with

FoodPLUS GmbH. The Scheme Manager shall assist GLOBALG.A.P. NA and FoodPLUS GmbH

in carrying out coordination activities and communicate with GLOBALG.A.P. NA and with

FoodPLUS GmbH where required.

11.2 CB/VB shall bear all expenses relating to the activities of the Scheme Manager unless otherwise

specified by GLOBALG.A.P. NA.

12. CERTIFICATION COSTS

12.1 CB/VB shall be responsible for establishing the fee structure for inspection and certification

activities. The fee structure is to be communicated with the CPs in the framework their Sublicense

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and Certification Agreement. At a minimum, the fee structure will include the GLOBALG.A.P.

producer registration and certificate license fees as published in the GLOBALG.A.P. NA Fee

Table (Annex 5).

12.2 The provision of clause 12.1 above also applies for post-inspection and surveillance procedures

carried out in the context of the GLOBALG.A.P. System.

12.3 GLOBALG.A.P. NA and FoodPLUS GmbH is entitled to directly instruct CB/VB to carry out

announced or unannounced inspections of a CP. In these cases CB/VB shall be responsible for

the arrangement and the processing of expenses.

13. LICENSE AND REGISTRATION FEES

13.1 CB/VB shall pay to GLOBALG.A.P. NA a Certification Body License Fee per calendar year as in

Annex 5 for the first approved scope for the admission to the GLOBALG.A.P. System. An

additional annual fee is due for approval of each additional scope and a country supplement fee

for each country where the CB/VB operates Licensed Services according to the most recent

General GLOBALG.A.P. NA Fee Table in Annex 5. The Certification Body License Fee is payable

for the first time prior to signing of this Agreement. Subsequent fees are payable after receiving

the annual invoice for the respective calendar year.

13.2 CB/VB shall pay to GLOBALG.A.P. NA the fee for each verification/inspection/audit based on the

minimum frequency established in the GLOBALG.A.P. System rules as stated in the current

GLOBALG.A.P. NA Fee Table in Annex 5. In addition, CB/VB shall pay the certificate license fee

and registration fee for each CP registered with CB/VB for the participation in the GLOBALG.A.P.

System as stated in the GLOBALG.A.P. NA Fee Table of Annex 5. The registration fee is payable

for the first time upon the registration of the respective CP, renewal of the producer registration

fee is payable after re-acceptance of the registered products or activity in the Database by the

CB/VB. The fees shall be paid to GLOBALG.A.P. NA within twenty eight (28) days from the date

of the invoice. GLOBALG.A.P. NA shall issue invoices with aggregated fees to CB/VB on a

regular basis.

13.3 Other fees for additional services may apply to CP or CB/VB. These will be set out in the

GLOBALG.A.P. NA Fee Table (Annex 5). Additional fees shall be paid to GLOBALG.A.P. NA

within twenty eight (28) days upon the date of the invoice. GLOBALG.A.P. NA shall issue invoices

with aggregated fees on a regular basis.

13.4 In the event of a dispute regarding the amount of any fees invoiced by GLOBALG.A.P. NA,

CB/VB shall be entitled to withhold per disputed invoice an amount not exceeding twenty percent

20% of the amount invoiced by GLOBALG.A.P. NA until the dispute has been resolved.

13.5 In the event CB/VB fails to pay all amounts invoiced within 56 days of receipt of the invoice,

CB/VB shall be liable for a penalty of USD 75, and if CB/VB fails to pay all amounts invoiced

within three (3) months, CB/VB shall be liable for a penalty of USD 450.

13.6 In the event the total amount of the certificate license fee, producer registration fees and the

verification/inspection/audit fees invoiced to CB/VB does not exceed an annual amount of USD

750 in the third year of approval for all Licensed Services, CB/VB shall nevertheless be required

to pay USD 750. Failing to do so entitles GLOBALG.A.P. NA to terminate this Agreement

pursuant to clause 15. below.

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14. LIABILITY

14.1 CB/VB shall Indemnify and hold harmless GLOBALG.A.P. NA for any direct or indirect damage

and costs (including defense costs) to GLOBALG.A.P. NA or its CPs arising directly or through

claims, causes of action, or suits (hereinafter “claim” or “claims”), of whatever judicial or

extrajudicial form asserted by the CB/VB itself, Farm Assurers Contracting Parties (CP), or any

other third party asserting any claim against the CP, Farm Assurers, and/or CB/VB, or

GLOBALG.A.P. NA itself, whether sounding in contract, tort, or otherwise, or arising out of any

violation of any provision of this Agreement.

14.2 CB/VB shall be liable to GLOBALG.A.P. NA for any third party claims arising out of CB’s/VB’s use

of the Trademark or the QR Code Logo for the Licensed Services or arising out of the services

sold under those marks, including all data and information registered in the Database.

14.3 CB/VB shall indemnify GLOBALG.A.P. NA for damages claimed by third parties that result from

the actions set forth in clauses 14.1 and 14.2 above.

14.4 CB/VB shall provide GLOBALG.A.P. NA with written proof that it has coverage of a minimum of

USD three million (USD 3,000,000) of “professional errors & omissions liability insurance” and a

minimum of USD three million (USD 3,000,000) of ‘’comprehensive general liability insurance’’

per case against this eventuality, unless otherwise specified in the relevant GLOBALG.A.P.

System rules of the Licensed Services. In addition, CB/VB shall list GLOBALG.A.P. North

America Inc. and FoodPLUS GmbH as named insureds in their insurance policies.

15. TERM AND TERMINATION

15.1. This Agreement becomes effective on the date it is signed by the Parties and has a fixed term

ending 31 December of the second calendar year following the year in which this Agreement was

signed. The Agreement is to be automatically extended for a period of one (1) year if neither of

the Parties terminates the Agreement in writing by 30 September of the respective year. Either

Party shall send notice of termination of this Agreement to the other party by certified mail, return

receipt requested, or by commercial overnight courier, with all charges prepaid.

15.2. Notwithstanding clause 15.1 above, either Party is entitled to terminate this Agreement in

exceptional circumstances and for material reasons.

Exceptional circumstances include, but are not limited to, instances where:

a) One of the Parties breaches a provision of this Agreement, and after having received written

notice of the breach, fails to cure the breach within thirty (30) days thereafter, (clause 14.

shall remain unaffected); or

b) CB/VB is no longer bound by contractual obligations within the GLOBALG.A.P. System. This is

the case where all Sublicense and Certification Agreements between CB/VB and the CPs

within the GLOBALG.A.P. System are terminated, or where the owner of the AMC

terminates its contract and/or withdraws its approval with CB/VB.

Material reasons for GLOBALG.A.P. to terminate this Agreement include, in particular:

c) CB/VB does not comply with the relevant GLOBALG.A.P. System rules after GLOBALG.A.P.

NA has taken the appropriate actions pursuant to the GLOBALG.A.P. list of sanctions for

CB/VB.

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d) Not obeying CB/VB operational requirements and deadlines, such as responding to

GLOBALG.A.P’s written requests for corrective actions or delaying the issuance of

certificates.

e) Temporary or permanent loss of the ISO/IEC Guide 65 or ISO/IEC 17065 accreditation to the

scope of GLOBALG.A.P Licensed Services.

f) Any of the CPs registered to CB/VB have been found by a court of competent jurisdiction to

have negligently violated national or international food law or any other law relevant for

the implementation of this Agreement or infringed or diluted the Trademark and/or the QR

Code Logo and CB/VB, after having received written notice of such violation or

infringement or dilution, fails to cause the CP to cure the violation or infringement or

dilution within thirty (30) days thereafter.

Material reasons for either Party to terminate this Agreement include, in particular:

g) Where either Party commences voluntary bankruptcy proceedings, makes a general

assignment for the benefit of its creditors, files for dissolution or liquidation, involuntary

bankruptcy or insolvency proceedings are brought against either Party, which are not

dismissed within thirty (30) days, or a receiver is appointed for the assets of either Party.

h) Any outstanding payment of invoices accepted by CB/VB that has not been settled within three

(3) months after the second written warning by GLOBALG.A.P. NA An invoice is

considered accepted where CB/VB does not submit an objection including justifying proof

within two (2) weeks after receipt.

15.3. When the owner of the AMC or localg.a.p. or an Add-On program terminates its contract with

GLOBALG.A.P. and/or withdraws its CB/VB approval, the termination applies to the respective

scope of the Licensed Services (i.e.: AMC, localg.a.p. or an Add-On program scope).

15.4. The CB/VB shall in case of termination of this Agreement return immediately any documents and

other material provided by GLOBALG.A.P. NA

15.5. All sublicenses granted by CB/VB terminates automatically with the termination of this

Agreement.

15.6. In the event of any termination under the provisions of clause 15. above, CB/VB shall provide the

CP with all information and undertake all action necessary to facilitate the transfer of the

Sublicense and Certification Agreement with the CP to a new CB/VB.

16. ASSIGNMENT OF RIGHTS

The assignment of the rights under this Agreement to third parties is prohibited, unless expressly

otherwise permitted under this Agreement or consented to by GLOBALG.A.P. NA in advance in

writing. GLOBALG.A.P. NA shall not deny that permission without reasonable justification.

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17. ALTERATIONS / AMENDMENTS TO ANNEXES

17.1. The Annexes to this Agreement are part of the Agreement.

17.2. GLOBALG.A.P. NA shall inform CB/VB without undue delay of any alterations / amendments of

the Annexes. The altered / amended Annexes are part of this Agreement, provided that CB/VB

does not object to the alteration / amendment within two (2) weeks of being informed of the

alteration / amendment. Where CB/VB objects to the alteration/amendment, either of the Parties

are entitled to terminate this Agreement within two weeks of the receipt of the objection by

GLOBALG.A.P. NA

17.3. CB/VB shall inform its CPs of any alterations / amendments to the Annexes. Where a CP objects

to the alteration(s)/amendment(s), CB/VB shall terminate the Sublicense and Certification

Agreement with the CP at the request of GLOBALG.A.P. NA and/or the CP.

18. EXCLUSION AND LIMITATION OF LIABILITY OF GLOBALG.A.P. NA

GLOBALG.A.P. NA shall not be liable for any infringement of this Agreement or any other legal

obligations, including infringements or dilutions of third party trademark rights in connection with

the use of the Trademark or the QR Code Logo except where CB/VB can prove that such

infringement was caused by a willful or grossly negligent act or omission by GLOBALG.A.P. NA

Where GLOBALG.A.P. NA is liable, its liability shall be limited to a maximum amount of USD

150000 per instance of liability. CB/VB explicitly waives its right to claim higher amount per

instance of liability.

19. MAINTENANCE AND DEFENSE OF THE TRADEMARK AND QR CODE LOGO

19.1 GLOBALG.A.P. NA shall maintain the Trademark and the QR Code Logo and defend it, if

challenged by third parties. CB/VB shall not be permitted to pursue infringements or dilutions of

the Trademark and the QR Code Logo by third parties. However, its right to join in infringement or

dilution proceedings filed by GLOBALG.A.P. NA in order to assert damages caused by the

infringement or dilution remains unaffected.

19.2 CB/VB shall, without undue delay, inform GLOBALG.A.P. NA of any utilization or application of a

trademark by any third party likely to be confused with the Trademark or the QR Code Logo.

20. THIRD PARTY CLAIMS AGAINST THE USE OF THE TRADEMARK OR QR CODE LOGO BY CP

CB/VB shall make provisions that each CP promptly informs CB/VB of any interim injunction or

claim for damages of third parties caused by the utilization of the Trademark or the QR Code

Logo. CB/VB shall promptly inform GLOBALG.A.P. NA about such proceedings. GLOBALG.A.P.

NA shall use its best efforts to assist CB/VB and CP in defending against such claims.

21. GOVERNING LAW AND JURISDICTION

This Agreement is exclusively governed by, and construed in accordance with, and the legal

relations between the parties hereto to be determined, in accordance with the law of the State of

Maryland, United States of America, exclusive of any statutory provision of law or legal precedent

regarding choice of laws under the laws of the State of Maryland. This Agreement is not governed

by the Uniform Computer Information Transactions Act. The parties submit to the jurisdiction of

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the courts located in the State of Maryland with respect to any actions brought to enforce rights

and obligations of the Parties hereunder.

22. ARBITRATION

All disputes arising in connection with this Agreement or its validity shall be finally settled in

accordance with the Arbitration Rules of Montgomery County, Maryland without recourse to the

ordinary courts of law. The number of arbitrators is three (3). The place of arbitration is Montgomery

County, Maryland and the language of the arbitration proceedings shall be English.

23. MISCELLANEOUS PROVISIONS

23.1 This Agreement sets out the entire agreement and understanding between the Parties relating to the

subjects addressed herein and supersedes all other agreements, whether verbal or written

previously made between the Parties. Notwithstanding this provision, GLOBALG.A.P. NA may

adopt revisions to the Annexes, which the CB/VB shall accept or reject pursuant to the provisions

of clause 17.2.

23.2. If any of the provisions of this Agreement are unenforceable or invalid for any reason whatsoever,

such unenforceability or invalidity does not nullify this Agreement in total. In such event, the

Agreement is to be interpreted so as to achieve the intended economic purpose of the

unenforceable or invalid provision. The same applies if, during the course of the execution of this

Agreement, an omission requiring rectification arises.

23.3. A waiver of any breach or default under this Agreement by either Party does not constitute a waiver

of any other or subsequent breach or default. The failure by either Party to enforce compliance

with any term or condition of this Agreement does not constitute a waiver of any such term or

condition unless such term or condition is expressly waived in writing.

23.4 This Agreement is binding upon the Parties and each of their respective successors and permitted

assigns. No amendments or modifications of this Agreement are valid or binding upon the Parties

unless made in writing and signed by each of the Parties hereto.

23.5 The headings of the clauses of this Agreement are inserted for convenience or reference only and

are not intended to be part of or to affect the meaning or interpretation of this Agreement.

23.6 This Agreement may be executed in counterparts, each of which is deemed to be an original, and all

of which constitute one and the same Agreement.

23.7 The relationship of the Parties to this Agreement is that of an independent contractor and not that of

employer/employee. Neither this Agreement, nor any terms and conditions contained herein, are

to be construed as creating a partnership, franchise, joint venture, or agency relationship between

the Parties.

24. CONFIDENTIALITY

24.1 GLOBALG.A.P. NA shall make appropriate arrangements to safeguard the confidentiality of

the information obtained or created during the performance of its activities at all levels of its

structure, including committees and external bodies or individuals acting on behalf of

GLOBALG.A.P. NA

24.2 GLOBALG.A.P. NA shall inform all involved parties including CB/VB and/or Market

Participants, in advance, of the information it intends to place in the public domain. All other

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information, except for information that is made publicly accessible by CB/VB, is considered

confidential.

24.3 Information about a particular CP or individual shall not be disclosed to a third party without

written consent of CB/VB or CP concerned, unless required in this Agreement.

24.4 Information about CB/VB from sources other than the CP (e.g. a complaint) are to be treated

as confidential.

24.5 Where confidential information is made available to other bodies (e.g. AB, benchmarked

scheme owners) GLOBALG.A.P. NA shall inform the CB/VB accordingly.

24.6. CB/VB shall make appropriate arrangements to safeguard the confidentiality of the

information obtained or created during the performance of its activities at all levels of its structure,

including committees and external bodies or individuals acting on behalf of CB/VB.

24.7 CB/VB shall inform all involved Parties including CP and/or Market Participants, in advance,

of the information it intends to place in the public domain. All other information, except for

information that is made publicly accessible by GLOBALG.A.P. NA, is considered confidential.

24.8 CB/VB shall not disclose information about a particular CP or individual to a third party

without written consent of CP concerned, unless required in this Agreement.

24.9 Where confidential information is made available to other parties (e.g. ABs, benchmarked

scheme owners), CB/VB shall inform CP and GLOBALG.A.P. NA accordingly.

25. DATA PROTECTION

25.1 CB/VB shall comply at all times with the provisions and obligations in accordance with Data

Protection Regulations (see: definitions).

25.2 All Personal Data collected, processed or used shall only be used for the purposes of this

Agreement and shall not be further processed or disclosed without the Data Subject’s prior consent.

25.3 CB/VB shall comply with all reasonable requests by GLOBALG.A.P. NA and its

assessors/inspectors/auditors, internal or external, and representatives who are subject to

reasonable and appropriate confidentiality undertakings being given by GLOBALG.A.P. NA or its

representatives to assess the CB’s/VB’s Data Collecting, Data Processing and Data Use activities,

facilities, processes and procedures, documents, resources and equipment to enable GLOBALG.A.P

to verify that CB/VB is complying fully with its obligations under this Agreement. For these purposes,

CB/VB shall allow GLOBALG.A.P. NA or its representatives access to all of the premises that it

occupies or other locations at which any Personal Data is being held and processed at that time to

enable such assessment shall be carried out.

25.4 CB/VB will provide GLOBALG.A.P with full cooperation and assistance to ensure that CB/VB

complies with its requirements and obligations in accordance with Data Protection Regulations

without limitation by:

25.4.1 notifying GLOBALG.A.P. NA within five (5) Working Days if it receives a subject access request

from a Data Subject to have access to his or her Personal Data and at the same time providing

full details and a copy of such request;

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25.4.2 notifying GLOBALG.A.P. NA within five (5) Working Days of any complaint received from a Data

Subject about the processing of his or her Personal Data and providing at the same time

GLOBALG.A.P. NA with full details and a copy of the complaint;

25.4.3 providing reasonable assistance to GLOBAL.G.A.P. in dealing with or responding to any subject

access request or any complaint referred to 25.4.1 and 25.4.2.;

25.4.4 providing GLOBALG.A.P. NA, within five (5) Working Days of the date of such request from

GLOBALG.A.P. NA, with any Personal Data that it holds to enable GLOBALG.A.P. NA to respond

to requests received by GLOBALG.A.P. NA from Data Subjects.

25.5 CB/VB will promptly and properly deal with and respond to any and all reasonable requests and

inquiries made by GLOBALG.A.P. NA relating to its Data Processing of the Personal Data which is

subject to this Agreement.

25.6 Without prejudice to the other provisions of this Agreement, CB/VB shall take all reasonable

precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of the

Personal Data, which is subject to this Agreement.

25.7 In the event of termination of this Agreement, CB/VB shall when directed to do so by

GLOBALG.A.P. NA, erase all information and Personal Data, which are subject to this Agreement

and all copies of any part of the information. This does not apply to those Personal Data, which are

subject to legal retention periods.

25.8 All Personal Data acquired by CB/VB shall only be used for the purposes of this Agreement.

25.9 Where the CB/VB is established in a member state of the European Union or in European

Economic Area (EEA), it shall appoint a data protection officer in accordance with the Directive

95/46/EC and with the respective national law provisions enacted to implement this directive. CB/VB

established outside the European Union or the EEA shall designate a correspondent.

25.10 CB/VB shall refrain from entering or transferring verification/inspection/audit checklists and results

as well as relevant CP registration and status data in the GLOBALG.A.P. Database

(https://database.globalgap.org) online via web-interface or electronic interface for all conducted

verification/inspection/audit which include information about the relevant CP’s that identifies the CP’s

employee or makes the CP’s employee identifiable without prior written consent of the relevant CP.

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26. This Agreement covers the following standards within the GLOBALG.A.P. System.

The scope of the Licensed Services:

STANDARDS SCOPE SUB-SCOPE Date effective from:

Integrated Farm

Assurance

Crops Base Fruit & Vegetables

Flowers & Ornamentals

Combinable Crops

Green Coffee

Tea

Plant Propagation Material

Livestock Base Ruminants: Cattle & Sheep/

Calf & Young Beef, Dairy

Pigs

Poultry/Turkey

Aquaculture Base Finfish

Crustaceans

Molluscs

Chain of Custody -

Compound Feed

Manufacturing

-

Plant Propagation

Material

-

Transport Livestock Base -

Produce Safety

Standard

Crops Base Fruit & Vegetables

Harmonized

Produce Safety

Standard

Crops Base Fruit & Vegetables

localg.a.p. Type:

Add-On

Type: (e.g. GRASP)

Approved Modified Checklist Name:

Others:

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Annexes:

1. Sublicense and Certification Agreement in its most recent version covering the agreed standards,

scopes, sub-scopes and options. For the most recent version please refer to GLOBALG.A.P.

website (http://www.globalgap.org).

2. General Regulations or General Rules including the Paper Certificate Template and Data Access

Rules of the applicable scope of the Licensed Services. For the most recent version please refer

to GLOBALG.A.P.’s website (http://www.globalgap.org).

3. Control Points and Compliance Criteria and Checklists. For the most recent version please refer

to GLOBALG.A.P.’s website (http://www.globalgap.org).

4. National Interpretation Guidelines and AMC’s for application and interpretation in their most

recent versions (will be submitted as they become available or in the case of AMC, CB has the

written approval of the AMC owner to operate the AMC). For the most recent version of National

Interpretation Guidelines please refer to GLOBALG.A.P.’s website (http://www.globalgap.org). For

the most recent version of the AMC please contact the owner of the respective AMC.

5. General GLOBALG.A.P. NA Fee Table in its most recent version. For the most recent version

please refer to GLOBALG.A.P. website (http://www.globalgap.org).

6. License Agreements for Farm Assurers in its most recent version covering the agreed standards,

scopes, sub-scopes and options (available on request).

7. The GLOBALG.A.P. Trademark (available on request).

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In Witness Whereof, the Parties have executed this Agreement as of the Effective Date.

Effective Date (to be completed by GLOBALG.A.P. NA): ________________________, 20__

Certification/Verification Body GLOBALG.A.P. North America Inc.

_______________________________ _______________________________ Signature of Authorized Representative Signature of Authorized Representative _______________________________ _______________________________ Date Signed Date Signed _______________________________ _______________________________ Place Signed Place Signed _______________________________ _______________________________ Company Seal/Stamp Company Seal/Stamp