- (a) The GO TEXAN Rural Community Program associate membership is established to provide membership to allow persons/entities interested in assisting the department with the promotion and implementation of the GO TEXAN Rural Community program use of the mark only on promotional items that meet standards and rules, as developed by the department.
(b) Any of the following types of entities are eligible for GO TEXAN Rural Community associate membership:
- (1) A person that wishes to support a rural community that would be eligible to apply under §29.23 of this title (relating to Eligibility for Certified Membership; Application); or
(2) A sole proprietor, partnership, cooperative organization or corporation, whose principal place of business is in Texas and who has a business location in:
- (A) A non-metropolitan county as defined in §29.21(10) of this title (relating to Definitions);
- (B) An unincorporated area; or
- (C) A Texas city with a population of less than 20,000 that does not adjoin another city or group of cities with an aggregate population of 50,000 or more; or
- (3) An economic development corporation, chamber of commerce, visitors bureau or other similar entity that supports a rural community that would be eligible to apply under §29.23 of this title.
- (c) Application for associate membership shall be made in accordance with this section, and in the same manner as provided in §29.23 of this title. The application must include information identifying the rural community the applicant supports and information on how the applicant supports the rural community.
- (d) Eligible entities, interested in assisting the department with the promotion and implementation of the GO TEXAN Rural Community program may apply for GO TEXAN Rural Community associate membership.
(e) The following limited use restrictions shall apply to an associate member's use of the mark.
- (1) Licensee shall only use the mark for the limited purpose stated in the license agreement. Use of the mark by associate members is limited and use is subject to department rules.
- (2) 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.
- (3) Licensee, upon request by the department, shall furnish 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.
- (4) At the direction of the department, 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) 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) Any and all use of the mark by licensee as allowed under program rules shall inure solely to the benefit of the department.
- (7) Printers' and media companies' use of the mark is limited to reproduction of the mark for use by program members on their advertising, promotional and/or display materials.
- (f) The department has the sole authority to determine whether an applicant is eligible for a GO TEXAN Rural Community associate membership.
Source Note:The provisions of this §29.24 adopted to be effective May 12, 2008, 33 TexReg 3733.