Obligations Regarding Approval of Operating Fluids - BB00.40-P-0022-00A

DaimlerChrysler AG, at the request of

- hereinafter referred to as "the Company"-

has tested the product called:

Provided the Company fulfils the obligations and conditions given below, DaimlerChrysler AG will include the above operating fluid in the "Mercedes-Benz Specifications for Operating Fluids" and approve it for use in Mercedes-Benz vehicles and assemblies:

1. The Company shall not distribute any product under the above product designation anywhere in the world other than the operating fluid tested and approved by DaimlerChrysler AG.
2. The Company is responsible to DaimlerChrysler AG for ensuring compliance with the provisions of the "Obligations Regarding Approval for Operating Fluids" throughout the world. When using an identical product name, the approval is also valid in countries other than those listed in the "Mercedes-Benz Specifications for Operating Fluids," regardless of where the product is manufactured or distributed.
3. The Company may distribute different formulations of the operating fluid under one and the same product name if DaimlerChrysler AG has tested and approved each formulation individually. Each formulation distributed under the same product name must display the same performance quality.
4. If the applicant seeks approval for operating fluids of various qualities on different sheets of the Mercedes-Benz Specifications for Operating Fluids, these product names must differ from one another by more than simply the SAE grade. The SAE grade may therefore only be used to differentiate between the viscosity, and not the quality, of oils. Single grade and multigrade oils must be given product names that can be clearly and unambiguously differentiated from one another.
5. The Company shall at all times be able to inform DaimlerChrysler AG as to which formulation is or was being distributed in any given country at any given time.
6. The Company shall on all containers, price lists, and on all other sales and advertising documents, completely and clearly label the approved operating fluid in Latin letters  with the exact  same product name given above. Brand labels owned by DaimlerChrysler AG (such as "MB", "DC" etc.) must not form part of the product name.
7. The Company shall on all containers, price lists, and on all other sales and advertising documents for the approved operating fluid, print the following text using the exact wording shown here: "MB-Freigabe XXX.XX "or "MB-Approval XXX.XX". 
8. The Company may not use its approval(s) for marketing purposes and in no manner or form in its advertising.
9. In connection with engine oils, the Company agrees to send for inspection the front and back labels of sales containers (such as one liter containers) to DaimlerChrysler AG, Operating Fluids Department (Abteilung Betriebsstoffe), HPC C405, 70546 Stuttgart, Germany, at the time the product is launched or at the latest within six months of receipt of the approval certificate. If no label samples are received by DaimlerChrysler AG within six months of receipt of the approval certificate, approval will automatically become null and void.
10. If the approved operating fluid or its product name is altered in any  way, the approval will automatically become null and void. Should the Company intend to alter the formulation of the approved operating fluid or the product name, the approval process must be repeated at the specific request of the Company and DaimlerChrysler AG will again decide whether or not to grant approval. A minimum of twelve months prior to the alteration  must be allowed for the re-approval process for the altered operating fluid or product name.
11. The Company shall inform DaimlerChrysler AG annually in the yearly verification  due October 1st  whether the operating fluid is still being distributed unchanged under the same product name. Oils shall be listed in the yearly verification with the product name, the sheet number in the Mercedes-Benz Specifications for Operating Fluids, the SAE grade, the oil code and the additive package. Rebrands/reblends shall be listed with the product name, the product name of the original product, and the upstream supplier. Failure to submit the yearly verification will automatically nullify the approval and the operating fluid will be removed from the Mercedes-Benz Specifications for Operating Fluids  .
12. The Company agrees to contractually oblige its dealers and agents, as well as all other resellers, to use, in connection with the approved operating fluid, only that one named above in all dealings with third parties (in particular for its sales operations).
13. There exists no obligation on the part of DaimlerChrysler AG to grant approval, even should the Company fulfill all the conditions of these Obligations Regarding Approval of Operating Fluids. DaimlerChrysler AG may revoke approval at any time.
14. Approval does not imply any obligation on the part of DaimlerChrysler AG or its service organization to procure the operating fluid.

Place/date

Stamp and signature of applicant