Trademark Policy

ARTICLE I: PURPOSE

This Trademark Policy governs use of the trademarks, service marks, and visual identity (the “Marks”) of The Open Accounts Receivable Collective Foundation (the “Foundation”). The Marks identify the Foundation’s mission, programs, and software, and they signal to the accounts receivable industry and the public that what carries the Foundation’s name has been produced or authorized by the Foundation. Protecting that signal is essential to the Foundation’s exempt purpose: practitioners, regulators, and consumers who interact with software, training, or compliance materials carrying the OpenAR Collective or HiveAR name should be able to rely on it.

This Policy supplements, but does not modify, the Foundation’s open source software license terms. The license terms govern rights to use, modify, and distribute the Foundation’s software. This Policy governs use of the Foundation’s name and visual identity.

ARTICLE II: MARKS COVERED

The Marks covered by this Policy include, without limitation, the following, together with any additional Marks the Foundation adopts and identifies in its published list of Marks:

• The Open Accounts Receivable Collective Foundation (the Foundation’s full legal name)

• OpenAR Collective (the Foundation’s trade name)

• HiveAR (the Foundation’s accounts receivable software platform)

• Wax (the Foundation’s domain-agnostic application framework)

• Associated logos, wordmarks, and visual identity elements, including the honeycomb device, the OpenAR Collective wordmark, and the HiveAR wordmark in their published forms

The Foundation may register one or more of these Marks with the United States Patent and Trademark Office and with corresponding authorities in other jurisdictions. Common law trademark rights apply from the Foundation’s first use of each Mark in commerce, regardless of registration status.

ARTICLE III: TRADEMARK RIGHTS AND THE SOFTWARE LICENSE

Open source software licenses, including the licenses under which the Foundation distributes HiveAR and Wax, grant rights to copy, modify, and distribute the licensed software. They do not grant rights to use the project’s name or brand. This separation is established in open source practice: Apache License 2.0, Section 6, expressly excludes trademark grants; permissive licenses, including MIT and BSD, do not address trademark rights, and case law treats copyright and trademark rights as distinct.

A party may comply fully with the Foundation’s software license while still being subject to this Policy when using the Foundation’s name or Marks. Conversely, this Policy does not limit any rights granted by the software license itself, including the right to fork, modify, or commercially distribute the Foundation’s software under a different name and brand.

ARTICLE IV: GENERAL PRINCIPLES

The Foundation’s approach to trademark use is governed by the following principles:

• Truthful, descriptive use of the Foundation’s name to refer to the Foundation, its software, or its programs is permitted. This includes journalistic coverage, educational discussion, comparative reviews, training and instructional content, and references in derivative works’ attribution.

• Use of the Marks in a manner that suggests endorsement, sponsorship, affiliation, or certification by the Foundation, where none exists, is not permitted. The Foundation will pursue removal or correction of such uses.

• Use of the Marks in a manner that creates confusion about the source or quality of software or services is not permitted. This includes naming a derivative work in a way that suggests it is the Foundation’s official software.

• Commercial use of the Marks in product names, product branding, or marketing materials requires the Foundation’s authorization. Authorization is granted through certification programs, where the use is contemplated under a published certification track, or by direct license agreement.

ARTICLE V: PERMITTED AND RESTRICTED USES

Section 5.1. Permitted Uses Without Authorization

The following uses of the Marks do not require the Foundation’s authorization, provided they are truthful and not misleading:

• Referring to the Foundation, its software, programs, or activities in articles, books, blog posts, videos, podcasts, social media, conference presentations, training materials, and other educational, journalistic, or commentary contexts.

• Using the HiveAR or Wax names to truthfully describe what a product, service, or work is built on, such as “powered by HiveAR,” “compatible with HiveAR,” “based on the open source HiveAR platform,” or “uses Wax framework components.”

• Comparative reviews, critical commentary, and analysis of the Foundation’s software, programs, or governance.

• Quoting from Foundation publications and materials with appropriate attribution, subject to applicable copyright limits.

• Linking to the Foundation’s websites and public resources, including using the Foundation’s logos as link targets in standard sizes.

• Use within technical documentation, source code comments, configuration files, and contributor materials when participating in or referencing the Foundation’s open source projects.

• Use of the unmodified HiveAR or Wax names in module names, package names, or repository names that follow Foundation-published naming conventions for community contributions.

Section 5.2. Uses Requiring Authorization

The following uses require advance written authorization from the Foundation:

• Use of any Mark in the name or branding of a product, service, software distribution, or business venture.

• Use of any Mark in a manner that suggests endorsement, sponsorship, certification, partnership, or other affiliation with the Foundation.

• Modification of the Marks, including alterations to wordmarks, logos, or visual identity elements.

• Use of any Mark in domain names or other online identifiers, except as permitted in Section 8.1.

• Use of any Mark on physical or digital merchandise offered for sale, including apparel, stickers, books, or training materials, except as permitted in Section 8.3.

• Use of any Mark in event or conference names, in person or virtual, except as permitted in Section 8.2.

• Use of any Mark in advertising or promotional materials for products or services not produced by the Foundation, beyond the truthful nominative use described in Section 5.1.

• Use of any Mark in any manner for which the Foundation could reasonably be held responsible under applicable law.

Authorization for permitted uses may be granted through participation in a Foundation certification program or through a direct license. Requests for authorization should follow the procedure in Section 11.1.

ARTICLE VI: SOFTWARE FORKS AND DERIVATIVE DISTRIBUTIONS

The Foundation’s software is open source. Anyone may fork, modify, and redistribute the software under the terms of the applicable license. The naming conventions in this Article apply to forks and derivative distributions.

Section 6.1. Permitted Without Authorization

The following uses are permitted without Foundation authorization, subject to the open source license requirements:

• Redistributing an unmodified, official Foundation release of HiveAR or Wax under its original name, including through package registries, container images, operating system repositories, and mirrors, provided the redistributed software is identical to the official release, required notices are preserved, and nothing in the redistribution suggests that the redistributor is the Foundation or is endorsed by the Foundation.

• Distributing a modified or unmodified version of HiveAR or Wax under a different product name and brand, with truthful attribution of the upstream origin. This is commonly referred to as whitelabeling. Required copyright notices and license attributions must be preserved as the open source license requires.

• Describing the fork’s relationship to the upstream Foundation software factually. For example: “AcmeCollect is a fork of HiveAR maintained by Acme, Inc.,” or “AcmeCollect is built on the open source HiveAR platform.”

Section 6.2. Not Permitted Without Authorization

The following uses are not permitted without Foundation authorization:

• Using “HiveAR,” “Wax,” “OpenAR Collective,” or any of the Foundation’s other Marks in the product name, product branding, or marketing of a fork or derivative distribution. Examples that would not be permitted: “HiveAR Pro,” “Acme HiveAR Edition,” “OpenAR Plus.”

• Suggesting that a fork or derivative distribution is the Foundation’s official software, or that the Foundation has reviewed, endorsed, or certified the distribution.

• Using the Foundation’s logos or visual identity as the primary branding for a fork or derivative distribution.

A fork or derivative distribution that wishes to use the HiveAR or other Foundation Marks in its branding should pursue Certified Distribution status under the Foundation’s vendor certification program, as described in Article VII.

ARTICLE VII: CERTIFIED DISTRIBUTIONS

The Foundation operates a Certified Distribution program through which independent vendors may receive authorization to distribute their own packaged versions of HiveAR under the HiveAR name. Certified Distribution agreements address technical compatibility, security and patching, attribution, support standards, and use of the HiveAR Mark in the certified distribution’s branding. Certification applies only to third-party products that have been assessed under the published standards; the Foundation does not certify its own distributions.

Certified distributions are commonly named in the form “[Vendor] Certified HiveAR Distribution” or as otherwise specified in the Certified Distribution agreement. Certified distributions remain compatible with upstream HiveAR APIs and schemas and preserve the Foundation’s role as the upstream of the certified product.

Certification may be revoked for material breach of the Certified Distribution agreement, persistent failure to meet published standards, or use of the HiveAR Mark in a manner inconsistent with this Policy. Upon revocation, the former certified vendor must cease use of the HiveAR Mark in product branding within a defined transition period.

The Foundation publishes the Certified Distribution standards, fees, and assessment procedure separately. Standards and fees are uniform across applicants. No applicant receives preferential treatment based on a relationship to the Foundation, its leadership, or its directors.

ARTICLE VIII: SPECIFIC USE CONTEXTS

Section 8.1. Domain Names and Online Identifiers

Domain names and other online identifiers that incorporate the Foundation’s Marks, including social media handles, package registry namespaces, and app store publisher or listing names (for example, openarcollective.org or an @HiveAR social media account), require the Foundation’s authorization where the domain or identifier is used as primary branding for a product or service, or in a manner that could create confusion about source or affiliation. The Foundation reserves the right to seek transfer of domains or identifiers registered in bad faith or used in a manner that violates this Policy.

Community resources such as user groups, regional meetups, fan sites, and informational pages may use a Foundation Mark in a domain name or online identifier when the use is non-commercial, the resource clearly identifies itself as community-operated and not affiliated with the Foundation, and the domain or identifier does not impersonate or compete with the Foundation’s official online presence.

Section 8.2. Events and Conferences

Use of any Foundation Mark in the name of an event or conference requires authorization. The Foundation may sponsor, co-host, or endorse third-party events that involve the Foundation’s software, mission, or programs; in such cases, the Foundation will publish the nature of the relationship.

A third party hosting an event that includes the Foundation’s software as a topic does not require authorization to advertise that fact factually. A “First Annual OpenAR Collective Conference,” however, would not be permitted without authorization.

Community user groups and meetups may use names in the form “[City or Region] HiveAR User Group” or “[City or Region] OpenAR Collective Meetup,” or a Foundation-published equivalent, without individual authorization, provided the event is non-commercial, is clearly identified as community-organized and not affiliated with the Foundation, and does not suggest Foundation sponsorship or endorsement. The Foundation may publish additional naming conventions for community events and may withdraw this permission from a group whose use violates this Policy.

Section 8.3. Merchandise and Promotional Items

Production of physical or digital merchandise bearing the Foundation’s Marks for sale or other commercial purposes requires authorization. Community members may produce merchandise bearing the unmodified Marks for non-commercial purposes, including items given away at community events or produced at cost for group members, provided the merchandise does not suggest Foundation origin, sponsorship, or endorsement. The Foundation may produce its own merchandise to support its programs and may grant authorization to third parties to produce merchandise for sale on terms set by the Foundation.

Section 8.4. Logo and Visual Identity Use

The Foundation’s logos and visual identity elements may be used in their unmodified form for purposes contemplated in Section 5.1, including links to Foundation resources and inline references in editorial or educational materials. Logos may not be modified, recolored, distorted, or combined with other graphic elements that suggest a relationship between the third party and the Foundation. Detailed specifications for color, sizing, clear space, and acceptable contexts are published separately in the Foundation’s brand guidelines. The brand guidelines are a technical specification rather than a governance instrument. They are maintained and revised by the Chair or the Chair’s designee without action of the Board, and a revision to the brand guidelines does not amend this Policy. Where the brand guidelines and this Policy differ, this Policy controls.

Section 8.5. Proper Use of the Marks in Text

When a Mark appears in text, it should be used as an adjective followed by an appropriate generic noun, such as “the HiveAR platform,” “the Wax framework,” or “an OpenAR Collective program.” A Mark should not be used as a noun, a verb, or a possessive, and should not be pluralized, abbreviated, hyphenated, translated, or combined with another word or mark to form a new term. Each Mark should follow the spelling, capitalization, and spacing of the forms listed in Article II.

The first prominent use of a Mark in third-party materials should carry the appropriate trademark symbol where the Foundation has published one and should be accompanied by an attribution notice in substantially the following form: “HiveAR is a trademark of The Open Accounts Receivable Collective Foundation.”

Section 8.6. Community Program Badges and Insignia

The Foundation may issue physical insignia bearing the Marks, such as ribbons or tags worn with conference credentials, to individual members and to representatives of organizations participating in the Foundation’s community programs, at events the Foundation hosts or attends. Insignia are produced and distributed by the Foundation and are issued only to recipients whose participation the Foundation has verified at the time of issuance.

The Foundation may also issue badge images incorporating the Marks for use by members and participating organizations in digital and printed materials. A badge issued to an individual member may incorporate that member’s member number.

Any insignia or badge is issued by the Foundation and may be used only in the form issued, without modification, and only while the recipient remains in good standing in the corresponding program. Recipients may not create their own badge, insignia, seal, emblem, or other graphic incorporating the Marks. Insignia and badges indicate participation only, and do not indicate certification, approval, accreditation, or endorsement by the Foundation of any person, organization, product, or service. Their use is governed by this Policy and by the Community Programs and Standards Policy, and terminates automatically when participation ends.

ARTICLE IX: FOUNDER-AFFILIATED ENTITIES

This Policy applies equally to all parties, including any for-profit entity affiliated with the Foundation’s founder, directors, officers, employees, contractors, or their family members. No founder-affiliated entity receives preferential access, reduced requirements, fee waiver, or exclusive use of the Foundation’s Marks. Authorizations granted to a founder-affiliated entity, including any Certified Distribution agreement, are governed by the Foundation’s Conflict of Interest Policy and the safeguards documented in the Foundation’s Form 1023 application, including recusal of the affected director from any Board deliberation, assessment, or decision concerning the authorization.

ARTICLE X: ENFORCEMENT

The Foundation’s enforcement approach is graduated and prefers cooperative resolution.

First step: notice. Where the Foundation identifies a use that does not conform to this Policy, the Foundation will typically issue a written notice describing the issue and inviting the user to correct the use, request authorization, or pursue Certified Distribution status as applicable. Many issues are resolved at this stage through correction or rebranding.

Second step: formal cease and desist. Where a notice is not addressed within a reasonable period, the Foundation may issue a formal cease and desist letter through counsel, setting a deadline and stating the consequences of non-compliance.

Third step: legal action. Where willful misrepresentation, customer harm, or refusal to engage with the Foundation’s notice continues, the Foundation may pursue legal remedies available under the Lanham Act and other applicable trademark and unfair competition law, including injunctive relief, damages, and recovery of attorneys’ fees where authorized.

License violations are enforceable separately under the terms of the applicable open source license. The Foundation may pursue license enforcement in addition to or in place of trademark enforcement, depending on the circumstances.

The Foundation reserves all rights in the Marks not expressly granted by this Policy or by a written authorization. A decision by the Foundation not to act on a particular use, or a delay in acting, does not waive the Foundation’s rights with respect to that use or any other use.

ARTICLE XI: COMMUNICATIONS WITH THE FOUNDATION

Section 11.1. Requesting Authorization

Authorization requests should be sent to the Foundation at the contact address listed in Section 12.2. Requests should include the requester’s identity, intended use, duration, distribution scope, and any visual mockups or text intended for production. The Foundation will respond within a reasonable time, typically within thirty days, and may grant, deny, or condition authorization at the Foundation’s discretion. Authorization, when granted, is non-transferable unless the authorization document specifically permits transfer. Every authorization includes quality standards appropriate to the use, and the Foundation retains the right to review the authorized use and to require correction of uses that fall below those standards.

Section 11.2. Reporting Misuse

Reports of suspected misuse of the Foundation’s Marks may be sent to the Foundation at the contact address listed in Section 12.2. Reports should include the nature of the misuse, the location (web address, product, publication), the date observed, and any supporting documentation. The Foundation does not commit to act on every report; reports inform the Foundation’s enforcement priorities.

ARTICLE XII: POLICY ADMINISTRATION AND REVIEW

Section 12.1. Administration and Updates

This Policy may be updated by the Board of Directors and will be reviewed at least annually. Substantive changes will be announced through the Foundation’s official channels and reflected in the dated version of this Policy. The current version of this Policy supersedes any prior version.

Section 12.2. Contact

Questions about this Policy, authorization requests, and reports of misuse should be directed to:

The Open Accounts Receivable Collective Foundation

3000 S Hulen Street, Suite 124-735

Fort Worth, TX 76109

[email protected]