Rules for Vendors
Rules of Engagement
CableLabs' goal for the certification and qualification program is to enable any interested vendor to develop equipment that complies with the project specification and thereby interoperates with other vendor's certified products. The program is intended to be pro-competitive and vendor-neutral. Because of constant interactions between and among vendors and CableLabs, clear rules for conduct are necessary. These rules of engagement (the “Rules of Engagement”) contain strict requirements for vendor behavior regarding access to data and testing facilities, and must be followed by every vendor participating in the certification testing process.
The Rules of Engagement consist of four sections: a general requirements section; a section for activities occurring prior to the certification process; a section for activities during the certification wave (where no vendor interaction with CableLabs or with other vendors is allowed) and a section for activities conducted after certification or qualification has been awarded.
In order to maintain the integrity of the certification process, CableLabs reserves the right to take any and all appropriate action in the event these rules are violated.
General Requirements
Vendors participating in the certification and qualification program must not:
Vendors participating in any Interoperability Event, Dry Run, Practice Run, Certification Wave, Wave Rehearsals or while a Visiting Engineer or Contributing Engineer must not (either before, during or after the interoperability event, dry run, practice run, certification wave, wave rehearsal or while performing daily tasks at any of CableLabs test development laboratories):
During a certification wave, vendors must not:
Vendors who achieve certification must not:
Vendor will, at its expense, defend and indemnify CableLabs, and its directors, members, employees, and agents against any claims, suits, or actions alleging that the use of Vendor's products submitted for CableLabs testing (“Products”), or any part thereof, infringe a copyright, trademark, patent, trade secret, or other intellectual property right of a third party. Vendor agrees to pay all costs and damages (including reasonable attorneys' fees) finally awarded against CableLabs or paid in settlements for such infringement, provided that: (i) Vendor is promptly notified of any claim, suit, or action (ii) CableLabs permits Vendor to defend, compromise, or settle such claim, suit, or action, and (iii) CableLabs provides information and assistance reasonably requested by Vendor in order to carry out its obligations hereunder. Vendor shall not be responsible for any compromise or settlement made without its consent.
In the event that the Products, or any part thereof, are held to infringe, or Vendor desires to terminate the CableLabs testing in order to avoid actual or potential liability for infringement, Vendor may withdraw the Products from CableLabs testing. No refund of fees will be given to Vendor; and, any re-submission of the same or similar Products will be subject to the applicable fees.
Soliciting/Hiring of CableLabs Employees
Continuous employment of CableLabs' employees is important to the certification process. Therefore, during vendor's participation in the CableLabs certification program, including any Interoperability Event, Dry Run, Practice Run, Certification Wave, Wave Rehearsals or while a Visiting Engineer or Contributing Engineer, (the “Program”) and for a period of 12 months after termination of such participation (the “Restricted Period”), vendor shall not without CableLabs' prior written consent, directly or indirectly cause or attempt to cause any employee of CableLabs to terminate his or her employment relationship with CableLabs; or interfere or attempt to interfere with the relationship between CableLabs and any such of its employees; or solicit, hire or attempt to hire any such employee of CableLabs. Vendors' obligation under this covenant prohibiting unfair hiring practices (the “Covenant”) shall survive the termination of vendor‘s participation in the Program and shall thereafter be enforceable irrespective of the circumstances of such termination or any other fact or event.
Vendor acknowledges that if vendor breaches any obligation under this Covenant, CableLabs will suffer immediate and irreparable harm and damage for which money alone cannot fully compensate CableLabs. Vendor therefore agrees that upon such breach or threatened breach of any obligation under this Covenant, CableLabs shall be entitled to prohibit vendor from any further participation in the Program or any other certification or testing program conducted by or under the auspices of CableLabs during the Restricted Period, and in addition shall be entitled to entry of a temporary restraining order, preliminary injunction, permanent injunction or other injunctive relief, without posting any bond or other security, compelling vendor to comply will any or all such provisions. This paragraph shall not be construed as an election of any remedy, or as a waiver of any right available to CableLabs under this agreement or the law, including the right to seek damages from vendor for a breach of any provision of this Covenant, nor shall this paragraph be construed to limit the rights or remedies available under applicable law for any violation of any provision of this Covenant.
Certification Mark Use Agreement
The Certification Mark Use Agreement or the PHILA Agreement for OpenCable devices (the “Agreement”) governs the use of the CableLabs® Certified® sticker and artwork. The single trademark “CableLabs Certified” is used to denote compliance with the OpenCable, DOCSIS, CableHome and PacketCable Specifications. It is the Vendor‘s responsibility to clearly identify to purchasers with which of the Specification(s) the trademarked product is in compliance.
Vendors are not required to use the CableLabs Certified® sticker and/or artwork but are required to sign the Agreement. The Agreement and camera-ready artwork are sent to a vendor with the first product certifications (but not with subsequent certifications).
In order to reduce customer confusion, a vendor may not use the CableLabs Certified® sticker on any product that has failed to become certified under any specification the product has been submitted under.
Vendors may use CableLabs registered trademark “CableLabs Certified®” only in accordance with the Agreement. The product that is shipped must be exactly the same hardware and software versions as the one that was certified.
A vendor may apply a “CableLabs Certified®” sticker to a CPE product (or its packaging) that has been certified and is being shipped. CableLabs charges a license fee of $0.25 per certified product ($0.10 for OpenCable products) using the CableLabs Certified® mark. The license fee is payable quarterly in arrears; the form for quarterly reports is an exhibit to the Agreement.
In using the CableLabs Certified® mark, both on the product and in advertising, the vendor must follow the Guidelines for Use contained in the Agreement.
If a subsequent model has been certified, the vendor need only update Exhibit B of the Agreement, containing information about the certified product, to the Agreement. A new Agreement is not required.
Note that for CMTS products, there are also trademark guidelines for public statements or advertising concerning qualification.
Please see CableLabs Trademark Guidelines for information on using any of CableLabs trademarks.
CableLabs' goal for the certification and qualification program is to enable any interested vendor to develop equipment that complies with the project specification and thereby interoperates with other vendor's certified products. The program is intended to be pro-competitive and vendor-neutral. Because of constant interactions between and among vendors and CableLabs, clear rules for conduct are necessary. These rules of engagement (the “Rules of Engagement”) contain strict requirements for vendor behavior regarding access to data and testing facilities, and must be followed by every vendor participating in the certification testing process.
The Rules of Engagement consist of four sections: a general requirements section; a section for activities occurring prior to the certification process; a section for activities during the certification wave (where no vendor interaction with CableLabs or with other vendors is allowed) and a section for activities conducted after certification or qualification has been awarded.
In order to maintain the integrity of the certification process, CableLabs reserves the right to take any and all appropriate action in the event these rules are violated.
General Requirements
Vendors participating in the certification and qualification program must not:
- Claim any certification or qualification prior to receiving CableLabs' written notification with respect to the device or product in question.
- Offer at any time anything of value to the Certification Board, CableLabs staff, or contractors involved in the certification process.
- Use any CableLabs trademark in a misleading manner, or, without CableLabs' permission, mention CableLabs in a press release or other marketing materials (please see CableLabs Trademark Guidelines and CableLabs Press Release Policy for more information).
- Seek to change a decision of the Certification Board outside of the appeals process.
Vendors participating in any Interoperability Event, Dry Run, Practice Run, Certification Wave, Wave Rehearsals or while a Visiting Engineer or Contributing Engineer must not (either before, during or after the interoperability event, dry run, practice run, certification wave, wave rehearsal or while performing daily tasks at any of CableLabs test development laboratories):
- Access any other vendor's equipment or other facilities at CableLabs without expressed written permission from an authorized CableLabs project manager.
- Discuss any other vendor information and/or interoperability problems with third parties or the press without CableLabs' prior written authorization.
- Reveal other vendors' test results, either directly or implicitly, to his/her own company, third parties or the press.
- Share or copy confidential information or intellectual property other than in accordance with the applicable non-disclosure agreement.
During a certification wave, vendors must not:
- Contact any of the CableLabs technical staff (all communications must be through the appropriate Project Manager).
- Enter any of CableLabs' certification testing facilities and access (or attempt to access) any product being tested, in order to preserve the confidentiality of other Vendor's products under test, as well as the objectivity of the test activity itself.
- Modify or attempt to modify in any shape or form any product submitted for testing.
- Interfere with any test tools, test equipment, test set up and/or removing any product including its own from any of the labs without written permission from CableLabs project manager.
Vendors who achieve certification must not:
- Affix the CableLabs Certified® logo to a product, or make certification claims about a product, that is not of the same hardware, software, and model of the product that was formally certified by the CableLabs Certification Board.
Vendor will, at its expense, defend and indemnify CableLabs, and its directors, members, employees, and agents against any claims, suits, or actions alleging that the use of Vendor's products submitted for CableLabs testing (“Products”), or any part thereof, infringe a copyright, trademark, patent, trade secret, or other intellectual property right of a third party. Vendor agrees to pay all costs and damages (including reasonable attorneys' fees) finally awarded against CableLabs or paid in settlements for such infringement, provided that: (i) Vendor is promptly notified of any claim, suit, or action (ii) CableLabs permits Vendor to defend, compromise, or settle such claim, suit, or action, and (iii) CableLabs provides information and assistance reasonably requested by Vendor in order to carry out its obligations hereunder. Vendor shall not be responsible for any compromise or settlement made without its consent.
In the event that the Products, or any part thereof, are held to infringe, or Vendor desires to terminate the CableLabs testing in order to avoid actual or potential liability for infringement, Vendor may withdraw the Products from CableLabs testing. No refund of fees will be given to Vendor; and, any re-submission of the same or similar Products will be subject to the applicable fees.
Soliciting/Hiring of CableLabs Employees
Continuous employment of CableLabs' employees is important to the certification process. Therefore, during vendor's participation in the CableLabs certification program, including any Interoperability Event, Dry Run, Practice Run, Certification Wave, Wave Rehearsals or while a Visiting Engineer or Contributing Engineer, (the “Program”) and for a period of 12 months after termination of such participation (the “Restricted Period”), vendor shall not without CableLabs' prior written consent, directly or indirectly cause or attempt to cause any employee of CableLabs to terminate his or her employment relationship with CableLabs; or interfere or attempt to interfere with the relationship between CableLabs and any such of its employees; or solicit, hire or attempt to hire any such employee of CableLabs. Vendors' obligation under this covenant prohibiting unfair hiring practices (the “Covenant”) shall survive the termination of vendor‘s participation in the Program and shall thereafter be enforceable irrespective of the circumstances of such termination or any other fact or event.
Vendor acknowledges that if vendor breaches any obligation under this Covenant, CableLabs will suffer immediate and irreparable harm and damage for which money alone cannot fully compensate CableLabs. Vendor therefore agrees that upon such breach or threatened breach of any obligation under this Covenant, CableLabs shall be entitled to prohibit vendor from any further participation in the Program or any other certification or testing program conducted by or under the auspices of CableLabs during the Restricted Period, and in addition shall be entitled to entry of a temporary restraining order, preliminary injunction, permanent injunction or other injunctive relief, without posting any bond or other security, compelling vendor to comply will any or all such provisions. This paragraph shall not be construed as an election of any remedy, or as a waiver of any right available to CableLabs under this agreement or the law, including the right to seek damages from vendor for a breach of any provision of this Covenant, nor shall this paragraph be construed to limit the rights or remedies available under applicable law for any violation of any provision of this Covenant.
Certification Mark Use Agreement
The Certification Mark Use Agreement or the PHILA Agreement for OpenCable devices (the “Agreement”) governs the use of the CableLabs® Certified® sticker and artwork. The single trademark “CableLabs Certified” is used to denote compliance with the OpenCable, DOCSIS, CableHome and PacketCable Specifications. It is the Vendor‘s responsibility to clearly identify to purchasers with which of the Specification(s) the trademarked product is in compliance.
Vendors are not required to use the CableLabs Certified® sticker and/or artwork but are required to sign the Agreement. The Agreement and camera-ready artwork are sent to a vendor with the first product certifications (but not with subsequent certifications).
In order to reduce customer confusion, a vendor may not use the CableLabs Certified® sticker on any product that has failed to become certified under any specification the product has been submitted under.
Vendors may use CableLabs registered trademark “CableLabs Certified®” only in accordance with the Agreement. The product that is shipped must be exactly the same hardware and software versions as the one that was certified.
A vendor may apply a “CableLabs Certified®” sticker to a CPE product (or its packaging) that has been certified and is being shipped. CableLabs charges a license fee of $0.25 per certified product ($0.10 for OpenCable products) using the CableLabs Certified® mark. The license fee is payable quarterly in arrears; the form for quarterly reports is an exhibit to the Agreement.
In using the CableLabs Certified® mark, both on the product and in advertising, the vendor must follow the Guidelines for Use contained in the Agreement.
If a subsequent model has been certified, the vendor need only update Exhibit B of the Agreement, containing information about the certified product, to the Agreement. A new Agreement is not required.
Note that for CMTS products, there are also trademark guidelines for public statements or advertising concerning qualification.
Please see CableLabs Trademark Guidelines for information on using any of CableLabs trademarks.