Use of the NUTELLA® trademark

These Terms & Conditions (“T&Cs”) exclusively apply to independent retailers operating in the field of sale of foodstuffs and/or foodservice (e.g. independent bakeries, restaurants, pastry-shops or cafés) (hereafter “Retailers”), in United Kingdom and Ireland and intend to refer to NUTELLA® hazelnut spread as a characterizing ingredient of one or more of their products (hereafter “Product”). These T&Cs and the right to use granted herein applies to single store independent Retailers only; any retailer of foodstuffs and/or foodservice operator that is part of a “chain” or acts as a franchisee is not considered a Retailer and therefore is not authorized to use to the NUTELLA® mark under these T&Cs. If a retailer is uncertain as to whether it is an authorized Retailer, it may contact Ferrero Foodservice directly.

Ferrero can amend or withdraw the T&Cs, and Retailers agree to check at least every six months whether T&Cs have been modified or withdrawn. Retailers agree to comply with and to be bound by the most up-to-date version of the document.

T&Cs

1. You may only use the NUTELLA® trademark to portray to the consumer that NUTELLA® hazelnut spread is an ingredient within or on top of an authorised food product (“Product”) as set out at the end of these T&Cs. You may not use the NUTELLA® trademark in out-of-store advertising and material.
2. The Product must be both made and sold only and exclusively within the Retailer's location, in a safe and healthy environment in accordance with all applicable laws, regulations and local ordinances.
3. The Product must be both made and sold only and exclusively within the Retailer’s location, in a safe and healthy environment in accordance with all applicable laws, regulations and local ordinances.
4. The Product must be freshly made and sold no later than 24 hours from its preparation.
5. NUTELLA® must not be cooked, frozen or mixed with other ingredients
6. Use of the NUTELLA® trademark must always be
   1. in monochromatic capital letters (the use of the NUTELLA® logo (
      
      ) is not authorized under these T&Cs); and followed by the ® symbol of a registered trademark.

   2. followed by the ® symbol of a registered trademark.

7. The NUTELLA® trademark cannot be emphasized over the name of the Product.

EXAMPLE

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1. The use of the NUTELLA® trademark must not be in a way that can suggest an affiliation with Ferrero and must not take unfair advantage of Ferrero’s goodwill. Furthermore, products with NUTELLA® must not be prevalent versus the other product offerd in the P.O.S.
    

   EXAMPLES OF PERMITTED AND PROHIBITED USES
   Where a Retailer offers more than one Product, in-store menu signboards can list NUTELLA® hazelnut spread in the first ingredient position just below one Product’s name. For example:
    
   
    
   In-store menu signboards cannot list NUTELLA® hazelnut spread in the first ingredient position just below all Product names. For example:
    
   ​​

   
    
   In-store menu boards (or portions/subsets thereof) cannot be exclusively dedicated to Products containing NUTELLA® hazelnut spread. For example, the following is not permitted:
    
   
    
   It is permitted to display jars of NUTELLA® hazelnut spread actually stored and/or used for the preparation of the Products at the point of sale, but only to the extent the jars of Nutella® hazelnut spread are not placed exclusively for ornamental purposes. The use of any point of sale materials (where provided by Ferrero) must be placed in a reasonable manner. For example:
    
   
    
   Use of an excessive quantity of jars of NUTELLA® hazelnut spread as forming part of a point of sale display rather than intended for actual use (see example below) is not permitted without written permission from Ferrero. Use of any Ferrero branded material other than the jars of NUTELLA® used in the preparation of the Products is not permitted without written permission from Ferrero.
    
   
   
   
    

2. The use of the NUTELLA® trademark in the Product’s presentation is allowed exclusively with reference to the types of products expressly accepted by Ferrero for use in combination with NUTELLA® hazelnut spread. The list of the wordings authorized by Ferrero for such products is provided at the end of these T&Cs and Ferrero reserves the right to amend it at its sole discretion by adding and/or removing one or more items.

3. Ferrero reserves the right, at its sole discretion, to withdraw authorisation to use the NUTELLA® trademark under the present T&Cs to any Retailer or categories of Retailers. Withdrawal of the authorisation will be effective immediately in the event of failure by a Retailer to comply with these T&Cs.

List of Authorised Wordings

• Bread with NUTELLA®
• Toast with NUTELLA®
• Sandwich with NUTELLA®
• Bagel with NUTELLA®
• Crêpe with NUTELLA®
• Croissant with NUTELLA®
• Brioche with NUTELLA®
• Waffle with NUTELLA®
• Pancake with NUTELLA®
• Muffin  with NUTELLA®                       
• Donut with NUTELLA®
• Danish with Nutella®
• Cookie with Nutella®
• Mini Bun with Nutella ®
• Authorized wording for the “ Exclusive FERRERO Recipes” (please see the special section dedicated to OUR RECIPES on our web page)