HATS Certification Mark and Trademark Usage Policy

DRAFT -- Subject to revision by legal counsel

This document establishes the policies governing use of the HATS certification mark, HATS wordmark, HATS tier badges, and all associated trademarks, service marks, and logos (collectively, the "HATS Marks") by Certificate Holders, authorized partners, affiliates, and the general public. The HATS Marks are owned by H33.ai, Inc. ("H33"). Any use of the HATS Marks must comply with this policy. Unauthorized use of the HATS Marks may constitute trademark infringement and unfair competition under applicable law. This policy applies worldwide, subject to local trademark law where registered or common-law rights are established.

1. Definitions

1.1. "HATS Marks" means the HATS wordmark, HATS logo, HATS tier badges (Tiers 1 through 5), the phrase "HATS Certified," and any graphical or textual mark that H33 designates as an official HATS certification mark.

1.2. "Certificate Holder" means a legal entity that holds a valid, non-suspended, non-revoked HATS certification for a specified system at a specified tier.

1.3. "Tier Badge" means the graphical certification mark that denotes a specific HATS certification tier (1 through 5) and includes the tier number, certification date, and verifier link.

1.4. "Verifier Link" means a publicly accessible URL that allows any party to independently verify the current status of a HATS certification by retrieving the certificate record from the HATS public certificate status registry.

1.5. "Authorized Partner" means a legal entity that has entered into a written agreement with H33 authorizing it to provide HATS-related services (assessment, certification, training) and to use HATS Marks in connection with those services.

2. Authorized Use by Certificate Holders

2.1. Grant of License. Upon issuance of a valid HATS certification, H33 grants the Certificate Holder a non-exclusive, non-transferable, revocable license to display the applicable HATS Tier Badge in connection with the certified system, subject to the conditions in this Section.

2.2. Required Badge Elements. Every display of a HATS Tier Badge must include all of the following elements:

(a) Tier Number. The specific tier (1, 2, 3, 4, or 5) at which the system is certified. Display of a tier higher than the awarded tier is strictly prohibited.

(b) Certification Date. The date on which the current certification was issued or most recently renewed, displayed in ISO 8601 format (YYYY-MM-DD).

(c) Verifier Link. A functional hyperlink or machine-readable identifier (e.g., QR code) that resolves to the certificate record in the HATS public certificate status registry, enabling independent verification of current certification status.

2.3. System Scope. The HATS Tier Badge may be displayed only in direct association with the specific system named in the certificate. A Certificate Holder must not display the badge in a manner that implies certification of systems, products, services, or organizational capabilities not covered by the certificate.

2.4. Placement. The HATS Tier Badge may be displayed on: (a) the Certificate Holder's website, in proximity to information about the certified system; (b) product documentation for the certified system; (c) marketing materials that specifically describe the certified system; (d) API responses from the certified system, in a machine-readable format; (e) contractual and procurement documents, provided the badge is accompanied by the required elements in Section 2.2.

2.5. Prohibition on Modification. Certificate Holders must not alter, distort, recolor, animate, or modify the HATS Tier Badge in any way. The badge must be reproduced from official assets provided by H33.

3. Mandatory Cessation of Use

3.1. Expiration. A Certificate Holder must cease all display of the HATS Tier Badge within seven (7) calendar days of the expiration of its certification, unless the certification has been renewed prior to expiration. During the seven-day wind-down period, the Certificate Holder may display the badge with a conspicuous notation "Certification Expired [DATE] -- Renewal Pending" only if a renewal application has been submitted to H33.

3.2. Revocation. Upon revocation of a HATS certification, the Certificate Holder must cease all display of the HATS Tier Badge immediately (within 24 hours of receiving notice of revocation). No wind-down period is permitted for revocations.

3.3. Suspension. Upon suspension of a HATS certification, the Certificate Holder must either: (a) cease all display of the HATS Tier Badge within 48 hours; or (b) replace the badge with a "Certification Suspended" notation within 48 hours. The suspended notation must not include the tier number or any visual element that could be confused with an active certification.

3.4. Failure to Comply. Failure to cease use of the HATS Marks within the timeframes specified in Sections 3.1 through 3.3 constitutes unauthorized use and may result in trademark enforcement action and permanent disqualification from future HATS certification.

4. Prohibited Uses and Deceptive Representation

4.1. Deceptive Tier Representation. No party may display a HATS Tier Badge at a tier level other than the tier at which the system is currently certified. Displaying a Tier 3 badge when the system holds a Tier 2 certification is a material misrepresentation and grounds for immediate revocation.

4.2. Implied Scope Expansion. No party may use the HATS Marks in a manner that implies certification of products, services, systems, or organizational units not specified in the certificate. Examples of prohibited usage include:

(a) Displaying the badge on a corporate homepage without specifying the certified system.

(b) Stating "We are HATS Certified" without identifying the specific system and tier.

(c) Including the badge in materials for a product that shares infrastructure with, but is distinct from, the certified system.

4.3. Prohibited Implications. The display of a HATS Tier Badge and the statement "HATS Tier N Certified" do NOT imply: (a) Regulatory approval by any government agency; (b) Compliance with any law, regulation, or standard other than HATS v1.0; (c) Correctness, safety, fairness, or fitness for purpose of any AI model or computational system; (d) A cybersecurity guarantee, penetration test result, or vulnerability assessment; (e) Endorsement by H33 of the Certificate Holder's products, services, or business practices; (f) Insurance coverage, insurability, or reduced risk profile.

4.4. Certificate Holders must not make any statement, written or oral, that characterizes HATS certification as providing any of the guarantees listed in Section 4.3. If a Certificate Holder becomes aware that a third party is making such statements about the Certificate Holder's HATS certification, the Certificate Holder must use commercially reasonable efforts to correct the misrepresentation.

5. Co-Branding Restrictions

5.1. The HATS Marks must not be combined with, integrated into, or displayed as part of the Certificate Holder's own trademarks, logos, or branding assets without prior written approval from H33.

5.2. The HATS Tier Badge must maintain a clear visual separation (minimum clear space equal to the height of the badge on all sides) from any other trademark, logo, or certification mark.

5.3. The HATS Marks must not be displayed in a manner that suggests H33 is a partner, sponsor, investor, or affiliate of the Certificate Holder, unless a separate partnership agreement exists and authorizes such representation.

5.4. Joint marketing materials that reference both the Certificate Holder's brand and HATS certification must be submitted to H33 for review and approval prior to publication. H33 will respond to review requests within ten (10) business days.

6. Affiliate and Partner Usage Rules

6.1. Authorized Partners. Authorized Partners may use the HATS Marks in connection with HATS assessment, certification, and training services, subject to the terms of their partnership agreement with H33. Authorized Partners must clearly identify themselves as "HATS Authorized Assessment Partner" or "HATS Authorized Training Partner" and must not represent themselves as H33 or as the issuer of HATS certifications unless expressly authorized.

6.2. Resellers and Integrators. Resellers, system integrators, and consultants that assist Certificate Holders with HATS certification may reference HATS by name for descriptive purposes (nominative fair use) but may not use the HATS Marks in their own branding, marketing, or service descriptions in a manner that implies they are HATS-certified, HATS-authorized, or endorsed by H33, unless a separate authorization exists.

6.3. Affiliates and Subsidiaries. A Certificate Holder's parent company, subsidiaries, and affiliates may not display the HATS Tier Badge unless they are independently named in a valid HATS certificate. Corporate group membership does not extend HATS certification.

7. Enforcement Process

7.1. H33 monitors use of the HATS Marks and investigates reports of unauthorized or non-conforming use. Any party may report suspected misuse to standard@h33.ai.

7.2. Warning. Upon identification of non-conforming use, H33 will issue a written warning specifying the violation and required corrective action, with a compliance deadline of fifteen (15) business days.

7.3. Suspension of Mark License. If the violation is not corrected within the warning period, H33 may suspend the Certificate Holder's license to use the HATS Marks. Suspension of the mark license is independent of, but may coincide with, suspension of the underlying certification.

7.4. Revocation of Mark License. If the violation persists after suspension, or if the violation involves intentional deception, fraudulent representation, or material misrepresentation of tier level, H33 may permanently revoke the Certificate Holder's license to use the HATS Marks and pursue additional remedies under applicable trademark law.

7.5. Emergency Enforcement. H33 reserves the right to bypass the warning stage and proceed directly to suspension or revocation in cases involving: (a) fraudulent representation of certification status; (b) display of a HATS Tier Badge after revocation of the underlying certification; (c) use of the HATS Marks by a party that has never held a HATS certification.

8. Media and Press Usage

8.1. Journalists, analysts, researchers, and members of the media may use the HATS wordmark for descriptive, editorial, and commentary purposes without H33's prior approval, provided such use does not imply endorsement by H33 or misrepresent the nature or scope of HATS certification.

8.2. Reproduction of the HATS Tier Badge or HATS logo in editorial contexts requires attribution: "HATS and the HATS certification mark are trademarks of H33.ai, Inc."

9. Online and Digital Usage

9.1. Domain Names. No party may register a domain name containing "HATS" in combination with "certified," "verify," "trust," "AI," or any similar term that could be confused with an official HATS property, without H33's prior written consent.

9.2. Social Media. Certificate Holders may reference their HATS certification status on social media platforms, provided: (a) the post identifies the specific certified system and tier; (b) the post includes a verifier link or reference to the public certificate status registry; (c) the post does not imply any guarantee beyond what HATS certifies (see Section 4.3).

9.3. Search Engine Advertising. Certificate Holders may bid on HATS-related keywords for search engine advertising only if the resulting advertisement clearly identifies the Certificate Holder, the certified system, and the tier, and does not create confusion with H33's own properties.

10. Trademark Notices

10.1. The first prominent use of any HATS Mark in a document should include the appropriate trademark notice symbol and the attribution: "HATS is a trademark of H33.ai, Inc."

10.2. H33 will maintain a trademark usage guide with current approved artwork, color specifications, minimum size requirements, and example placements, available at a URL to be published in the HATS public documentation.

11. Amendments

11.1. H33 reserves the right to amend this policy. Material amendments will be published with at least 60 days' notice. Certificate Holders must comply with amended policies within 30 days of the effective date.

HATS Certification Mark and Trademark Usage Policy v1.0 -- H33.ai, Inc.