1.1 SHEEP GENETICS is a program of Meat & Livestock Australia Limited ABN 39 081 678 364 (MLA).
1.2 Sheep Genetics is a system for describing the genetic worth of animals used in the sheep industry, using the products LAMBPLAN and MERINOSELECT, and is based on the calculation of Australian Sheep Breeding Values (ASBVs) or Flock Breeding Values (FBVs). ASBVs and FBVs are calculated from raw data collected by breeders, accredited Sheep Genetics service providers, accredited live animal ultrasound scanners, fleece testing businesses [MLA1] and laboratories that report faecal egg counts using protocols developed by Nemesis (CSIRO). The calculation of ASBVs and FBVs may also incorporate genomic or DNA information from commercial genotyping laboratories. The Operators do not oversee or externally audit the collection of this data. ASBVs and FBVs only provide an estimate of animals’ true genetic merit from that data supplied to the Sheep Genetics database.
1.3 To obtain full details of the capabilities of Sheep Genetics, the applicant specified in the subscription form (Applicant) should read the Sheep Genetics extension material available from the Operators (including the Business Plan and the Quality Assurance Procedures Manual) by contacting Sheep Genetics staff.
1.4 The information set out in the subscription form forms part of these terms and conditions.
2. Sheep Genetics reports
2.1 Sheep Genetics reports will be prepared by the Operators from pedigree, performance and genotype data supplied by the Applicant or their agent. Reports will be available from a secure web interface and sent by email or post to the Applicant within 15 days from the cut-off date of the analysis. The Applicant will be issued with a data receipt notice on receipt of its data by the Operators.
2.2 Because the Operators do not oversee or audit the collection of data, the Operators do not guarantee the accuracy of the information provided in Sheep Genetics reports. The Operators are responsible for the analysis process and for the accurate transfer of data into reporting formats post analysis.
3. Sheep Genetics logo and name
3.1 The LAMBPLAN logo and MERINOSELECT logos (that appear directly beneath these terms) and the Sheep Genetics, LAMBPLAN and MERINOSELECT names can be used by the Applicant for the promotion and sale of sheep that have been evaluated by Sheep Genetics provided that the Applicant:
(a) complies with all instructions notified by the Operators regarding the use of the LAMBPLAN and MERINOSELECT logos (Logos);
(b) uses the Logos solely for the purpose of the promotion of the Applicant’s breeding program or sale of sheep with ASBVs supplied by the Operators; and
(c) does not use the LAMBPLAN or MERINOSELECT logos or names in respect of sheep which have only been issued with an FBV.
The following statement must appear in a prominent position in any printed material that refers to an ASBV or FBV: “Sheep Genetics ASBVs and FBVs are calculated from raw data collected by breeders and accredited Sheep Genetics operators. Sheep Genetics does not oversee or audit the collection of this data and MLA does not accept any responsibility for the accuracy of the information contained in this document.”
3.2 The Applicant must not:
(a) represent in any way that it owns the Logos or is entitled to use the Logos other than as set out in this agreement;
(b) apply or seek to register the Logos as a trade mark in any country;
(c) attack or contest the property rights of the Operators in and to the Logos; or
(d) use any mark or logo that is substantially identical with or deceptively similar to the Logos.
3.3 The Applicant must ensure that references to Sheep Genetics, ASBVs and FBVs are accurate and do not mislead purchasers and potential purchasers of its sheep. The Applicant must ensure that any publication of ASBVs is accompanied by the accuracy value supplied by the Operators.
4.1 The Applicant retains ownership of its data, including pedigree, phenotypic performance and calculated breeding values.
4.2 The Operators will ensure that all data supplied by the Applicant is dealt with in accordance with the minimum requirements set out in the Quality Assurance Procedures Manual.
4.3 The Applicant may elect to remove its data from the Sheep Genetics, on a whole flock basis, by giving notice to the Operators. The data will be removed within 180 days from receipt of the notice.
4.4 The Applicant will only receive an ASBV and relevant accuracy values for animals that are genetically linked and therefore can be reasonably compared across flock. For animals which fail to meet the minimum requirements, the Applicant will receive an FBV.
5. Use of information
5.1 The Applicant acknowledges that information submitted to Sheep Genetics forms an invaluable database for Sheep Genetics continuing development and research.
5.2 The Applicant agrees to allow the Operators to use and sub-licence data collected by it, Sheep Genetics service providers and other accredited operators as well as the calculated breeding values for:
(a) general development of Sheep Genetics, including genetic parameter estimation, fixed effects determination and industry standard indices;
(b) the genetic evaluation of animals;
(c) genetic trend development and producing reports;
(d) research and development projects undertaken in the field of sheep genetics; and
(e) provision of services to the industry. If the Applicant does not wish for its data and breeding values to be included in third party services, it must notify the Operators in writing or by logging on to its account and updating its preferences[MLA2] .
5.3 The Operators may publish ASBVs, FBVs and industry indexes of animals, such as indexes of animals that are eligible for trait leader summaries, from time to time in any of the Operators’ publications or within breed trait leader summaries. Animals are not eligible for trait leader summaries if they are not within the 10% band that is desirable for a specific trait, as determined by the Operators from time to time.
5.4 The Operators will not publish information on the ASBVs, FBVs or indexes of animals:
(a) that are not eligible for trait leader summaries; or
(b) if the Applicant has notified the Operators in writing that it does not wish to have its animals listed in trait leader summaries.
5.5 The Applicant may elect to allow animals to be listed in the Sheep Genetics Web Search Database by electing option 2 or 3 on the subscription form, or notifying the Operators in writing.
5.6 The Operators will not publish information on the Sheep Genetics Web Search Database if the Applicant has elected option 1 for the Sheep Genetics Web Search Database.
5.7 The Operators may use the Applicant’s name and specifically identify its sheep when it publishes Sheep Genetics publications from time to time unless the Applicant indicates on the subscription form that the Applicant does not consent to the Operators using its details or specifically identifying its sheep in any Sheep Genetics publications.
The Applicant indemnifies the Operators against all damages, losses, costs and expenses incurred by the Operators arising out of a breach of this agreement by the Applicant, except to the extent that such damages, losses, costs and expenses are caused by a breach of this agreement by the Operators.
7. Entire agreement
This form embodies the entire agreement between the Applicant and the Operators as to the terms of its subject matter. These terms may not be changed except for notification to the Applicant by the Operators in an “Important Notice”.
If the Operators cease to operate Sheep Genetics or the Applicant breaches any provision of this agreement, the Operators may by notice to the Applicant terminate this agreement.