top of page

Acceptable Use Policy

Single Tree Foil_edited.png

This Acceptable Use Policy ("Policy") is incorporated by reference into and forms part of The Evergreen Exchange, Inc. Terms of Service ("Terms"), available at theevergreenexchange.com/terms. By accepting the Terms — whether by signature on an Order Form, electronic acceptance, or continued use of the Services — Client agrees to comply with this Policy. Capitalized terms used but not defined herein have the meanings given in the Terms.

 

1. PURPOSE AND SCOPE

This Policy establishes the standards of acceptable conduct that govern all Clients' use of The Evergreen Exchange, Inc. ("The Evergreen Exchange") Services, including the use of Authentication Labels, the submission of product Claims, and any access to or use of Evergreen Certified's verification infrastructure, dashboards, and related systems.

Throughout this Policy, "The Evergreen Exchange" refers to The Evergreen Exchange, Inc. — the legal entity. "Evergreen Certified" refers to the product authentication system offered by The Evergreen Exchange, Inc., including its labels, verification portals, and associated infrastructure.

The purpose of this Policy is to protect the integrity of the Evergreen Certified verification ecosystem, safeguard consumers and end users who rely on Evergreen Certified labels, and ensure that The Evergreen Exchange's infrastructure is used only for lawful, honest, and authorized purposes.

This Policy applies to Clients and, where relevant, to any of their employees, contractors, agents, or representatives who access or use the Services on their behalf.

 

2. PERMITTED USES

Subject to the Terms and this Policy, Client may use the Services exclusively for the following purposes:

  • Applying Authentication Labels to genuine products that Client owns or has the legal right to authenticate, using only labels issued by The Evergreen Exchange for that Client's account;

  • Submitting accurate, complete, and lawful product Claims and data to The Evergreen Exchange for inclusion in Verification Records, where Client has verified the accuracy of such Claims and holds all rights necessary to submit them;

  • Accessing and using the client dashboard to manage authentication records, view aggregate analytics, and administer Client's label inventory in the ordinary course of Client's business;

  • Directing end users and consumers to the Evergreen Certified verification portal to access product authentication information and carbon offset data associated with Client's products; and

  • Displaying the Evergreen Certified designation and referencing Evergreen Certified in Client's marketing and product materials, in accordance with The Evergreen Exchange's brand guidelines.

 

Any use of the Services not expressly permitted by the Terms or this Policy is prohibited.

 

3. PROHIBITED CONDUCT

Client must not, and must not permit any third party to, engage in any of the following conduct in connection with the Services. These prohibitions are not exhaustive; conduct that is not specifically listed but that violates the spirit of this Policy, the Terms, or applicable law may also result in enforcement action.

 

1.  Counterfeit and Misrepresented Products.  Applying, affixing, or associating Authentication Labels with any product that is counterfeit, fraudulently represented, adulterated, tampered with, not manufactured by Client, or otherwise materially different from the product for which the Authentication Label was issued.

 

2.  False, Misleading, or Unverified Claims.  Submitting to The Evergreen Exchange, or displaying on the Evergreen Certified verification portal, any Claims that are false, inaccurate, unverified, or materially misleading, including Claims relating to product contents, origin, testing results, certifications, compliance status, sustainability attributes, or carbon offset data.

 

3.  Security Circumvention and Code Duplication.  Attempting to circumvent, bypass, disable, or interfere with any security feature, access control, anti-counterfeiting mechanism, or authentication technology of the Services; duplicating, copying, transferring, or reproducing Authentication Label serial codes or QR codes by any means; or attempting to generate or simulate valid label identifiers without The Evergreen Exchange's express written authorization.

 

4.  Unsupported Regulatory Compliance Claims.  Representing to any person — including in advertising, labeling, or consumer communications — that an Evergreen Certified Verification Record, Authentication Label, or the act of Evergreen Certified authentication itself constitutes a finding of regulatory approval or endorsement by any governmental authority, including without limitation the FDA, FTC, USDA, EPA, CPSC, or any state regulatory body.

 

4A.  Environmental Claim Misrepresentation and Regulatory Non-Compliance.  Representing — in advertising, labeling, product claims, consumer communications, or any other context — that Evergreen Certified's sustainability authentication constitutes a designation of carbon neutrality, net zero status, or climate positivity. These designations require independent third-party certification processes that go beyond what Evergreen Certified's verification infrastructure provides, and no representation may be made that any product has fully eliminated or permanently offset its environmental impact. Products authenticated through Evergreen Certified's sustainability infrastructure may accurately be described as carbon conscious or climate conscious — terms that describe intentional action and verified support, not a claim of completion. This item also prohibits using any Evergreen Certified sustainability authentication in any manner that violates applicable FTC guidelines governing environmental marketing claims (including the FTC Green Guides), state consumer protection laws, or any equivalent applicable regulation.

Note: Products authenticated through Evergreen Certified's sustainability infrastructure may accurately be described as carbon conscious or climate conscious — terms that describe intentional action and verified support, not a claim of completion. This item does not prohibit use of such awareness or posture-based descriptors where they accurately reflect what the system provides.

 

5.  Cannabis and Marijuana-Related Violations.  Submitting any Claims or using Authentication Labels in connection with cannabis, marijuana, or cannabis-derived products in any jurisdiction where such products are not lawfully permitted to be sold, marketed, or authenticated under applicable state or federal law, or in any manner that would expose The Evergreen Exchange to liability under the federal Controlled Substances Act or applicable state law.

 

6.  Controlled Substances, Alcohol, Pharmaceuticals, and Firearms.  Using Authentication Labels or the Services in connection with any controlled substance, prescription pharmaceutical, over-the-counter drug, alcoholic beverage, or firearm or ammunition in any manner that violates applicable federal, state, or local law, including without limitation the Controlled Substances Act, the Federal Alcohol Administration Act, the Food, Drug, and Cosmetic Act, or the Gun Control Act; or using the Services to make Claims regarding such products that are not supported by required regulatory approvals or licenses.

 

7.  Unauthorized Resale, Sublicensing, or Transfer.  Reselling, sublicensing, transferring, sharing, or otherwise making the Services or Authentication Labels available to any third party not authorized under the applicable Order Form, without The Evergreen Exchange's prior written consent; or allowing any person to use Client's account credentials, dashboard access, or label inventory for any purpose not authorized by the Terms.

 

8.  Competitive Intelligence and Reverse Engineering.  Accessing or using the Services, the verification portal, or any Evergreen Certified system for the purpose of gathering competitive intelligence about The Evergreen Exchange's business, technology, pricing, or clients; reverse engineering, decompiling, disassembling, or otherwise attempting to derive source code, underlying algorithms, or proprietary technology from any component of the Services; or benchmarking the Services for the purpose of developing a competing product or service.

 

9.  Data Harvesting, Scraping, and AI Training.  Using any automated tools, bots, scrapers, crawlers, or similar technologies to extract, harvest, or aggregate data from the verification portal, authentication records, or any Evergreen Certified system; using scan logs, Verification Records, or any data derived from the Services for the purpose of training, fine-tuning, or developing any artificial intelligence, machine learning, or large language model system; or otherwise exploiting data generated by the Services for any purpose beyond Client's own internal business use.

 

10.  Misleading Advertising and Unauthorized Branding.  Using the Evergreen Certified designation, The Evergreen Exchange's trademarks, service marks, or certification logos in a manner that misrepresents what Evergreen Certified verifies, certifies, or endorses; representing the Evergreen Certified designation in any context that implies The Evergreen Exchange has evaluated, endorsed, or approved aspects of a product beyond the specific claims authenticated through the system; or using The Evergreen Exchange's trademarks, logos, or the Evergreen Certified designation outside the scope of an active Order Form without prior written authorization.

 

11.  Recalled, Prohibited, or Non-Compliant Products.  Applying Authentication Labels to, or maintaining active Verification Records for, any product that has been subject to a mandatory recall, voluntary recall, regulatory hold, import alert, market withdrawal, or any other action by a governmental authority that restricts the product's sale or distribution.

 

12.  Fraudulent Submissions.  Providing false, fraudulent, or materially inaccurate information to The Evergreen Exchange in connection with any Order Form, account registration, product submission, support request, or compliance inquiry, including misrepresenting Client's identity, authority, product ownership, or legal compliance status.

 

13.  Interference with the Services or Other Clients.  Taking any action that disrupts, degrades, overloads, or impairs the performance or availability of the Services or The Evergreen Exchange's infrastructure; introducing malware, viruses, or harmful code into any Evergreen Certified system; attempting unauthorized access to any account, record, or system not belonging to Client; or engaging in any conduct that interferes with other clients' lawful use of the Services.

 

14.  Unlawful, Deceptive, or Harmful Use.  Using the Services for any purpose that violates any applicable federal, state, or local law or regulation; using the Services to facilitate fraud, consumer deception, product liability evasion, money laundering, or any other illegal scheme; or using the Services in any manner that causes or is likely to cause material harm to The Evergreen Exchange, its clients, end users, or third parties.

 

15.  Facilitating Third-Party Violations.  Directly or indirectly enabling, authorizing, or assisting any third party — including subsidiaries, affiliates, distributors, retailers, or contract manufacturers — to engage in any conduct prohibited by this Policy.

 

4. ENFORCEMENT

The Evergreen Exchange reserves the right to investigate any suspected violation of this Policy and to take enforcement action commensurate with the severity and nature of the conduct. Enforcement actions are cumulative and non-exclusive.

 

Level - Trigger - Action

 

Written Warning

First or minor isolated violation that appears unintentional and does not pose immediate consumer risk. - The Evergreen Exchange issues written notice identifying the violation and requiring cure within a specified period. No service disruption.

 

Suspension

 Repeated violations, failure to cure within 15 days following a written warning, or a single violation that poses consumer risk or reputational harm. - The Evergreen Exchange suspends access to the dashboard and/or flags or deactivates Authentication Labels pending investigation and cure.

 

Label Revocation

Continued non-compliance after suspension, or a violation involving counterfeit products, fraudulent submissions, or active consumer deception.

The Evergreen Exchange revokes one or more Authentication Labels. Revocation may be visible to end users. Notice provided per the Terms.

 

Termination

Material breach of this Policy or the Terms, or a pattern of violations that cannot be remediated.

The Evergreen Exchange terminates the service relationship pursuant to Section 14.3 of the Terms. Label inventory is deactivated.

 

Legal Referral

Violations involving fraud, counterfeiting, regulatory violations, or criminal conduct.

The Evergreen Exchange refers the matter to appropriate law enforcement or regulatory authorities and reserves all legal remedies.

 

5. REPORTING VIOLATIONS

The Evergreen Exchange encourages all clients, end users, and third parties who become aware of suspected violations to report them promptly.

How to Report

  • Email: legal@theevergreenexchange.com — include "AUP Violation Report" in the subject line;

  • Legal Contact Page: theevergreenexchange.com/legal; or

  • Direct contact with your account representative at The Evergreen Exchange, if applicable.

 

Confidentiality and Good Faith

The Evergreen Exchange will treat all reports as confidential to the extent permitted by applicable law and will not disclose the identity of a reporting party to the accused without consent, except where required by law or court order. The Evergreen Exchange will not retaliate against any client or individual who reports a suspected violation in good faith. Knowingly submitting a false or malicious report may itself constitute a violation of this Policy.

 

6. UPDATES TO THIS POLICY

The Evergreen Exchange may update or modify this Policy from time to time. Updates are governed by Section 18 of the Terms of Service. For material modifications, The Evergreen Exchange will provide at least thirty (30) days' advance written notice. For non-material modifications, the updated Policy takes effect upon posting with a revised Effective Date.

The current version of this Policy is always available at theevergreenexchange.com/acceptable-use.

bottom of page