Trademark Use Guidelines
Last updated: April 9th, 2020
These Accelize Trademark Guidelines (the “Trademark Guidelines”) form an integral part of the Accelize Customer Agreement (the “Agreement”) between Accelize, Inc. or its affiliates (“Accelize,” “we,” “us” or “our”) and you or the entity you represent (“you”). These Trademark Guidelines provide you a limited permission to use the Accelize Marks (as defined in Section 2 below), in connection with (as applicable): (a) your use of the Services (as defined in the Agreement), or in connection with software products designed to be used with the Services, or (b) as otherwise agreed with Accelize in writing, on the terms set forth herein and in the Agreement, until such time as we may terminate such permission, which we may do at any time, in our sole discretion, as set forth in Section 4 below. The Accelize Marks are some of our most valuable assets and these Trademark Guidelines are intended to preserve the value attached to the Accelize Marks.
For the purposes of these Trademark Guidelines, "Accelize Marks" means the following trademarks, service marks, service or trade names, logos, product names, or designations of Accelize and its affiliates: (i) the "Powered by Accelize" logo in the forms shown below (the "Logo"); and (ii) "Accelize", "Accelize Distribution Platform", "Accelize DRM", "Accelize DRM Cloud", "Accelize DRM Lib", "Accelize DRM Controller". "Accelize DRM Activator", and any other Accelize Marks and Services made available from time to time.
3. Limited Permission
Provided that you are (a) an Accelize Seller in good standing with a current and valid account for use of the Services or (b) otherwise authorized by Accelize in writing, and provided, further, that you comply at all times with the terms of both the Agreement and these Trademark Guidelines, we grant you a limited, non-exclusive, revocable, non-transferable permission, under our intellectual property rights in and to the Accelize Marks, and only to the limited extent of our intellectual property rights in and to the Accelize Marks, to use the Accelize Marks for the following limited purpose, and only for such limited purpose: you may utilize the Logo or the appropriate form(s) of the “for” or equivalent naming convention or URL naming convention, as set forth in Section 9 below, to: (i) identify Your Content (as defined in the Agreement) as using the Services; or (ii) to identify software tools or applications that you create and distribute that are intended for use in connection with the Services. Without limitation of any provision in the Agreement, you acknowledge that any use that you elect to make of the Accelize Marks, even if permitted hereunder, is at your sole risk and that we shall have no liability or responsibility in connection therewith. Your limited permission to use the Accelize Marks is a limited permission and you may not use the Accelize Marks for any other purpose. You may not transfer, assign or sublicense your limited permission to use the Accelize Marks to any other person or entity. Your use of the Accelize Marks shall comply with: (i) the most up-to-date versions of the Agreement and these Trademark Guidelines; and (ii) any other terms, conditions or policies that we may issue from time to time to govern use of the Accelize Marks. Your limited permission to use the Accelize Marks hereunder shall automatically terminate and you must immediately stop using the Accelize Marks if at any time: (i) the Agreement is terminated; (ii) Your Content no longer uses any of the Services, or your software product cannot be used with any of the Services, as applicable; or (iii) you cease to be a registered Accelize developer.
4. Modification and Termination
You understand and agree that, without prior notice to you and at our sole discretion: (i) we may modify these Trademark Guidelines at any time; (ii) we may modify or terminate your limited permission to use the Accelize Marks, at any time in our sole discretion, for any reason or for no reason at all; and (iii) we reserve the right to take any and all actions including, without limitation, legal proceedings, against any use of the Accelize Marks that does not comply with the terms of the Agreement or these Trademark Guidelines.
5. No Affiliation or Endorsement
You will not display the Accelize Marks in any manner that implies that you are related to, affiliated with, sponsored or endorsed by us, or in a manner that could reasonably be interpreted to suggest that Your Content, web site, product or service, has been authored or edited by us, or represents our views or opinions.
6. No Disparagement
You may only use the Accelize Marks in a manner designed to maintain the highest standard, quality and reputation that is associated with the Accelize Marks and you will not use the Accelize Marks to disparage us or our products or services.
7. No Dominant Display; Accelize Mark Differentiation
You may not display any Accelize Mark as the largest or most prominent trademark in any materials (including, without limitation, any web site or product literature) associated with Your Content, software tool or other software application. When using any Accelize Mark (other than the Logo, with respect to which the formatting requirements are set forth in Section 8 below, or in a URL), you must distinguish the Accelize Mark from the name of Your Content and/or other surrounding text by capitalizing the first letter of the Accelize Mark, capitalizing or italicizing the entire Accelize Mark, placing the Accelize Mark in quotes, or using a different style or color of font for the Accelize Mark.
8. Formatting Requirements with Respect to the “Powered by Accelize” Logo
You shall link each use of the Accelize Marks directly to the following URL, wherever technically feasible: http://www.accelize.com. You may, alternatively, link to an Accelize detail page for a Service used by Your Content, and if you do so, you must link to the primary URL for the Service (e.g., https://[name of Portal].accelize.com/[name of Service]. You may open the URL in a new browser window. You may not link the Accelize Marks to any web site other than the primary URL for the applicable Service. You may not frame or mirror any of our web site pages.
11. No Combination
You may not hyphenate, combine or abbreviate the Accelize Marks. You shall not incorporate the Accelize Marks into the name of your organization, or your services, products, trademark or logos. The foregoing prohibition includes the use of the Accelize Marks in the name of any application, service or product or in a URL to the left of the top-level domain name (e.g., ”.com”, ”.net”, ”.uk”, etc.). For example, URLs such as “accelize.mydomain.com”, “mydrmcloud.net” or “accelizeplus.com” are expressly prohibited.
It is expressely prohibited to use Accelize marks and terms on Paid Search. Accelize owns and restricts trademark use by 3rd parties on all search engines.
You must include the following statement in any materials that include the Accelize Marks: “Accelize", the “Powered by Accelize” logo, [and name any other Accelize Marks used in such materials] are trademarks of accelize.com, Inc. or its affiliates in the United States and/or other countries."
14. No Misleading Use
You may not display the Accelize Marks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable as determined by us in our sole discretion.
15. Trade Dress
You may not imitate the trade dress or “look and feel” of any of our web sites or pages contained in any of our web sites, including without limitation, the branding, color combinations, fonts, graphic designs, product icons or other elements associated with us.
16. Compliance with Law; Appropriate Activities
You may not use the Accelize Marks in any manner that violates any United States or foreign, federal, state, provincial, municipal, local or other, law or regulation. Without limiting the foregoing, or any provision in the Agreement, you may not display any Accelize Mark on your site if your site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.
17. Reservation of Rights
Except for the limited permission specified in Section 3 above, nothing in the Agreement or these Trademark Guidelines shall grant or be deemed to grant you any right, license, title or interest in or to any Accelize Mark or any of our or our affiliates’ other trademarks, service marks, trade names, logos, product names, service names, legends, other designations, or abbreviations of any of the foregoing. You acknowledge and agree that we and our affiliates retain any and all intellectual property and other proprietary rights in and to the Accelize Marks. All use by you of the Accelize Marks including any goodwill associated therewith, shall inure to the benefit of Accelize.
18. No Challenges
You agree that you will not, at any time, challenge or encourage, assist or otherwise induce third parties to challenge the Accelize Marks (except to the extent such restriction is prohibited by law) or our registration thereof, nor shall you attempt to register any trademarks, service marks, trade names, logos, product names, service names, legends, domain names, other designations, or abbreviations of any of the foregoing, or other distinctive brand features that are confusingly similar in any way (including, but not limited to, sound, appearance and spelling) to the Accelize Marks.
19. Contact Information
If you have questions regarding your obligations under these Trademark Guidelines or questions about any Accelize Mark, please contact or write to us at: Accelize Inc., 2570 N 1st Street, San Jose, CA 95131, U.S.A - Attention: Trademarks