1. (a) Statement of purpose; Applicability. The Associate GO TEXAN Member Program is established to provide a marketing program that allows persons interested in assisting the department with the promotion and implementation of the GO TEXAN program use of the Texas Department of Agriculture's GO TEXAN and Design mark only on promotional items that meet standards and rules. In addition to the certification of media outlets and retailers to use the GO TEXAN and Design mark in their efforts to promote the program, this section provides that printers and other entities may be certified as associate GO TEXAN members if they meet requirements of this section.

2. (b) Application process.

   1. (1) Application to use the GO TEXAN and Design mark in accordance with this section, shall be made in the same manner as provided in §17.52 of this title (relating to Application for Registration To Use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally Texas, or GO TEXAN and Design Mark).
   2. (2) Except as otherwise provided in this section, §§17.53-17.56 of this title, relating to requirements for membership in the general "GO TEXAN" program shall apply to entities certified under this section.

3. (c) Eligibility Requirements and Membership Categories.

   1. (1) Eligibility requirements. All media entities, retailers, printers and other entities meeting the requirements of the Texas Agriculture Code (the Code), §46.004, and administrative rules promulgated to implement Chapter 46 of the Code, interested in assisting the department with the promotion and implementation of the GO TEXAN program may apply for Associate GO TEXAN membership.
   2. (2) Limitations. Licensees granted Associate GO TEXAN membership, shall only use the mark for the limited purpose stated in the certificate of registration. Use of the mark by Associate GO TEXAN members is limited and use is subject to department rules.
   3. (3) Media. A licensee's use of the mark is limited to promotion of the GO TEXAN program in print, television and radio mediums;
   4. (4) Retailer. A licensee's use of the mark is limited to general promotion of GO TEXAN products as defined in §§17.51-17.52 of this title (relating to Definitions and Application for Registration To Use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally Texas, or GO TEXAN and Design Mark) in its retail locations;
   5. (5) Printers. A licensee's use of the mark is limited to reproduction of the mark for use by program members on their products;
   6. (6) Other entities. A licensee's use of the mark is limited to promotion of the entity's specific commodity(ies) or the general GO TEXAN program.

4. (d) Limited use restrictions.

   1. (1) licensee shall be granted a limited, non-exclusive license to use the mark solely in conjunction with the reproduction, display, advertisement and promotion for which licensee has applied, within the United States, on the date(s) which licensee specified in the application;
   2. (2) licensee shall furnish the department a sample of any material bearing the mark, including but not limited to all advertising, promotional, and display materials, at no charge, for the department's written approval prior to any use thereof;
   3. (3) licensee's licensed use shall be of high standard;
   4. (4) licensee shall affix on all items utilized in the licensed use, appropriate legal notices, as follows: GO TEXAN and Design is a certification mark of, and is used under license from, the Texas Department of Agriculture;
   5. (5) licensee's license to use, shall not be construed to grant or assign any right, title or interest in or to the mark or the goodwill attached thereto;
   6. (6) any and all use of the mark by registrant as allowed under program rules shall inure solely to the benefit of the department.
5. (e) Fees. Applicants shall not pay an annual fee to enroll in the "Associate GO TEXAN" member program.

Source Note:The provisions of this §17.57 adopted to be effective November 18, 1999, 24 TexReg 10046.