1. (a) Approval of application. Upon approval of an application, the department shall mail to the licensee a license agreement, which is valid for two years and shall expire on the last day of the month corresponding to the license anniversary date. The department shall also provide electronic copies of the Mark, suitable for reproduction.

2. (b) Requirements for use. A licensee's use of the Mark is subject to the following requirements:

   1. (1) Any permission under the license agreement granted to a licensee to use the Mark shall be nonexclusive and nontransferable by the licensee listed in the application.
   2. (2) Licensees shall do nothing inconsistent with the ownership of the Mark in the department, and all use of the Mark by any licensee shall inure to the benefit of and be on behalf of the department.
   3. (3) The licensees shall not have any right, title, or interest in the Mark, other than the right to use the Mark in accordance with the license agreement. Licensees must agree not to attack the title of the department to the Mark, or attack the validity of the license agreement or the permission granted by the department.
   4. (4) The nature of the rural communities that will be advertised or marketed by licensees in connection with the Mark shall conform to any standards that may be set from time to time by the department. Licensees must submit examples of use of the Mark within ten days of department's request.
   5. (5) Licensees shall comply with all applicable laws and regulations and obtain all appropriate governmental approval pertaining to the advertising, marketing or other commercial use of the Mark.
   6. (6) Licensees shall use the Mark only in the form and manner, and with appropriate legends, as authorized from time to time by the department. 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".

3. (c) Restrictions of use.

   1. (1) Other than the use of the Mark, no Licensee shall use any statement of affiliation or endorsement by the State of Texas or the department in the advertising, marketing or other commercial use of the certification Mark.
   2. (2) A Licensee shall be prohibited from modifying the Mark, as found in the license agreement, for use in any way.
   3. (3) Licensee is prohibited from using the GO TEXAN Mark on merchandise or other products unrelated to the licensed community.
   4. (4) Licensee shall not misuse the Mark in any way, including as defined in §29.30 of this chapter (relating to Termination of Registration and License to Use the Mark).

4. (d) Rights of Department.

   1. (1) The department shall have the sole right and discretion to bring infringement or unfair competition proceedings involving the Mark.
   2. (2) The department may consider in its evaluation of an applicant or licensee any information regarding an applicant that could impair the department's efforts to promote the development of rural communities.
   3. (3) The consideration of information as provided in this paragraph may include consideration of any information that may not enhance the integrity and positive image of the program, including, but not limited to, a review of criminal information, as allowed by applicable laws and regulations.

Source Note:The provisions of this §29.29 adopted to be effective May 12, 2008, 33 TexReg 3733; amended to be effective July 31, 2011, 36 TexReg 4656.