Intellectual property disclaimer

Mandatory: Please read & confirm

License/Usage Terms for content in the DAM Platform and Brand Portal

I. BRITA SE, Heinz-Hankammer-Str. 1, 65232 Taunusstein, Germany (hereinafter “BRITA”) operates the Digital Asset Management Platform (“DAM Platform”), accessible at www.brita.sharedien.com, and/or the BRITA Brand Portal (“Brand Portal”), accessible at www.brandportal.brita.net. The purpose of the DAM Platform and/or the Brand Portal is to provide digital content to the users.

II. The digital content available in the DAM Platform and the Brand Portal can be categorized as follows:

  • Picture marketing material such as photographs for advertisement of the BRITA brand and products (“Picture Marketing Material”);
  • Video and Music Marketing material such as videos, moving images, TV spots and sequences thereof, sound files for advertisement of the BRITA brand and products (“Video and Music Marketing Material”);
  • Text marketing material such as promotional product descriptions for advertisement of the BRITA brand and products (“Text Marketing Material”);
  • Product-related information materials for customers, such as user manuals (“Product Information Material”);
  • Product-related packaging materials, such as labels, packaging print layouts (“Packaging Material”);
  • Non-product related corporate identity materials, such as fonts, MS office templates, business card templates (“Corporate Identity Material”);
  • Other materials such as internal guidelines (“Other Material”);

(all together “the Material”).

III. The Material in the DAM Platform and the Brand Portal is provided by BRITA, BRITA´s subsidiaries and affiliated companies or authorized third parties. Rights holders are either BRITA, BRITA´s subsidiaries and affiliated companies or authorized third parties. It is expressly pointed out that BRITA is not the rights holder of all Material and is not authorized to grant (sub)licenses for all Material. For this reason, prior to downloading and, at the latest, prior to any use of the Material, the user is required to consult with the person identified as responsible for the respective Material in the DAM Platform or the Brand Portal and/or with the designated contact person for the respective user, see also § 1 (5).

IV. Access to the DAM Platform and Brand Portal is granted in principle to authorized employees of BRITA (“Internal Users BRITA”), authorized employees of BRITA´s subsidiaries and affiliated companies (“Internal Users Affiliated Companies”) as well as authorized third parties working for BRITA, such as distributors, agencies or printing companies (“External Users”).

V. By downloading or copying the Material from the DAM Platform or the Brand Portal, the Internal Users BRITA, Internal Users Affiliated Companies and External Users agree to the terms and conditions of this Agreement. The use of the Material provided in the DAM Platform and in the Brand Portal, is subject to compliance with the terms and conditions of this Agreement.

§ 1 Usage of the Material by External Users

(1) External Users are in principle only granted a non-exclusive, free and non-assignable (with no right to sublicense) license to use the relevant Material from the DAM Platform and Brand Portal for the purpose agreed in the respective contract or agreement with BRITA. A license may only be granted by BRITA to the extent that BRITA or BRITA´s subsidiaries and affiliated companies are the rights holders. Material for which third parties are the rights holders cannot be licensed.

(2) In any case, the use of the Material is subject to the specific restrictions specified in the description of the respective Material in the DAM Platform or the Brand Portal. These restrictions determine (a) the authorized usage period of the respective Material (time), (b) where the respective Material can be used (territory), (c) the scope of permitted use, including media types (content) and (d) by whom the Material can be used. The restrictions in the DAM Platform or the Brand Portal constitute the framework governing the use of the Material.

(3) In addition to, and/or as a limitation on the restrictions specified in the DAM and the Brand Portal, the following principles shall govern the use of Material from BRITA or BRITA´s subsidiaries and affiliated companies:

(a) In terms of territory, the use of the Material is generally limited to the territory where the External Users operate or are to operate according to the contractual agreements with BRITA.

(b) In terms of time, the use of the Material is generally limited to the duration stipulated in the contractual agreements between the External Users and BRITA and ends at the latest upon termination of the contractual agreements with BRITA, the termination of the cooperation between External Users and BRITA or with the expiration of BRITA´s respective usage rights. Reference is made to § 1 (9).

(c) In terms of content, the use of the Material is generally limited to the purpose and the type of media agreed in the respective contract or agreement with BRITA.

Examples:

aa.) Distributors may only use Picture Marketing Material, Text Marketing Material and Product Information Material which is required to promote and offer the products they actually offer for sale.

bb.) An advertising agency or influencers shall only use the Picture Marketing Material or Text Marketing Material that is required to create the advertising requested by BRITA.

cc.) A packaging manufacturer shall only use Packaging Material that is required for the production of physical packaging in accordance with the contractual agreement with BRITA.

dd.) Corporate Identity Material and Other Material may not be used by third parties unless expressly authorized by BRITA in writing (Email is sufficient).

(d) External Users do not have the right to modify the Material unless a modification is requested by BRITA.

(4) Any of the Material which contains the wording „BRITA“, may not be used in the Americas (North-, Middle- and South America).

(5) Prior to downloading and, at the latest, prior to any use of the Material, the External User shall consult with the person identified as responsible for the respective Material in the DAM Platform or the Brand Portal and/or with the designated contact person for the respective External User and obtain a written approval (Email is sufficient) for the intended use. This applies in particular where the information provided in the DAM Platform or the Brand Portal regarding the use of the Material is incomplete or missing. In addition, advertisement or promotional material created by External Users which contains the Material shall be presented to BRITA for its written approval before publication.

(6) Exceptions to § 1 (1) – (3), (5), (9)(a),(c) are permissible by an individual written contract between BRITA and External Users.

(7) External Users shall not use the Material in a fashion or manner that is likely to reduce, diminish or damage the reputation associated with BRITA. The Material shall therefore not be used by External Partners in connection with unlawful, obscene, pornographic, excessively violent, or excessively hazardous activities. External Users shall not perform or participate in or actively assist any other person to perform or participate in any activities which have or are likely to have an adverse effect on the reputation of BRITA.

(8) External Users hereby agree that they do not purchase, or otherwise acquire, any property rights with respect to the Material or the intellectual property thereof.

(9) Termination:

(a) BRITA and BRITA´s subsidiaries and affiliated companies are entitled to terminate the respective licenses for the Material granted to External Users in writing (Email is sufficient) at any time with a notice period of 30 days.

(b) The respective licenses for the Material granted to External Users may be terminated by BRITA or BRITA´s subsidiaries and affiliated companies in writing (Email is sufficient) for good cause without observing a notice period. Good cause shall exist for example if BRITA or BRITA´s subsidiaries and affiliated companies are no longer able to grant a license for legal or factual reasons or if circumstances occur which, taking into consideration the subject matter and purpose of the cooperation with the third party, would make it unreasonable or for BRITA or BRITA´s subsidiaries and affiliated companies to continue the license grant.

(c) In any event of termination of the respective license, External Users shall immediately destroy or return all physical copies of the licensed Material to BRITA or BRITA´s subsidiaries and affiliated companies and immediately delete all electronic copies. With the termination of the license all licensed rights are reassigned to BRITA or BRITA´s subsidiaries and affiliated companies and the third party shall retain no residual rights in any licensed subject matter.

§ 2 Usage of the Material by Internal Users BRITA and Internal Users Affiliated Companies

(1) The use of the Material is subject to the specific restrictions specified in the description of the respective Material in the DAM Platform or the Brand Portal. These restrictions determine (a) the authorized usage period of the respective Material (time), (b) where the respective Material can be used (territory), (c) the scope of permitted use, including media types (content) and (d) by whom the Material can be used. The restrictions in the DAM Platform or the Brand Portal constitute the framework governing the use of the Material.

(2) Any Material which contains the wording „BRITA“, may not be used in the Americas (North-, Middle- and South America).

(3) The Material may only be used by Internal Users or Internal Users Affiliated Companies in connection with or for the purpose of their respective professional activities at BRITA.

(4) Before Internal Users or Internal Users Affiliated Companies edit any of the Material, they must ensure that the respective Material has been approved for editing - if in doubt by clarifying this with the respective asset owner.

(5) Before Internal Users or Internal Users Affiliated Companies share any of the Material to External Users, they must ensure that they have the authorization to do so and that the respective Material has been approved for sharing - if in doubt by clarifying this with the respective asset owner.

(6) When sharing any of the Material to External Users, the Internal Users or Internal Users Affiliated Companies must ensure that (a) – if in doubt by clarifying this with the respective asset owner – the respective Material may be shared with External Users and sharing is compliant with the restrictions in the DAM Platform and the Brand Portal, (b) only the Material that is actually necessary for the purpose of the cooperation with the External Users will be shared; (c) the respective Material will be shared with External Users only with reference and imposition of the obligations of this Agreement, especially § 1 of this Agreement.

(7) The uploader of new material is responsible for ensuring that restrictions on the use of the Material are recorded in the DAM Platform or Brand Portal. AI generated content must be labeled as AI content.

§ 3 Liability

(1) The warranty of the non-existence of any older rights of third parties which could prevent the use of the Material is hereby expressly excluded.

(2) Any liability of BRITA for the Material that was modified independently is excluded insofar as the modification is the cause of any damage.

(3) Any liability of BRITA regarding the Material or the use of the Material shall be excluded. The exclusion of liability shall not apply to damages caused by the BRITA´s gross negligence or deliberateness. Likewise, the exclusion of liability shall not apply to a breach of material contractual obligations. Such contractual obligations are obligations whose performance is necessary for the contractual purpose to be achieved. In these cases of slight negligence BRITA´s liability is limited in amount to the damage typical for comparable contracts of this type that was foreseeable at the time the contract was concluded or, at the latest, when the obligation was violated. Claims for damages against BRITA arising from product liability (Produkthaftungsgesetz) and from injury to life, body or health remain unaffected.

§ 4 Final Provisions

(1) German law shall apply exclusively to this Agreement, without giving effect to the principles of conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (“CISG”).

(2) The local courts located in Wiesbaden shall have jurisdiction to hear all disputes arising under this contract.

(3) Should any provision of this Agreement be or become invalid, this shall not affect the validity of the remaining provision of the Agreement. In this event, the Parties shall be obliged to replace the invalid provision by a valid provision which most approximates the economic purpose of the invalid provision or would have intended according to the meaning and purpose of this contract if they had considered this issue when concluding the contract. The same applies in case of a gap.

January 8, 2026