Trademark Use Guidelines
Last updated: October 2nd, 2020
1. INTRODUCTION.
The Accelize Trademark Guidelines (the "Trademark Guidelines") as set forth herein are made part of the Accelize Customer Agreement (the "Agreement") entered into between Accelize and the Customer. Accelize's Marks represent intellectual property rights owned by Accelize and as such are valued assets of Accelize. These Trademark Guidelines provide Customer with a limited permission to use the Accelize Marks in connection with (as applicable): (1) Customer's use of the Services, (2) in connection with software products designed to be used with the Services, or (3) as otherwise agreed with Accelize in writing, on the terms set forth herein and in the Agreement, until such time as Accelize may terminate such permission, which it may do at any time.
2. MODIFICATION AND TERMINATION.
Customer understands and agrees that, without prior notice to Customer and at Accelize's sole discretion, Accelize (i) may modify these Trademark Guidelines at any time, (ii) may modify or terminate Customer's limited rights to use the Accelize Marks, at any time and for any reason or for no reason at all, and (iii) reserves 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.
3. DEFINITIONS.
All terms used in these Trademark Guidelines shall have the meaning specified in the Agreement unless otherwise defined herein. For the purposes of the Trademark Guidelines, the following terms are defined as follows:
"Accelize Marks" shall mean the trademarks, service marks, service or trade names, logos, product names, or designations of Accelize, whether registered or unregistered, including but not limited to the ACCELIZE logo shown below (the "Logo"), ACCELIZE, ACCELIZE DISTRIBUTION PLATFORM, ACCELIZE DRM, ACCELIZE DRM CLOUD, ACCELIZE DRM LIB, ACCELIZE DRM CONTROLLER, ACCELIZE DRM ACTIVATOR, and any other Accelize trademarks, service marks, service or trade names, product names, or designations which Accelize may use from time to time.
4. LIMITED PERMISSION.
Provided that Customer is an Accelize Customer in good standing with a current and valid account for use of the Services, or otherwise authorized by Accelize in writing, and provided, further, that Customer at all times with the terms of both the Agreement and these Trademark Guidelines, Accelize grants Customer limited, non-exclusive, revocable, non-transferable right to use the Accelize Marks for the following limited purpose to (i) identify Customer Marketplace Content as using the Services, or (ii) to identify software tools or applications that Customer creates and distributes that are intended for use in connection with the Services. Customer acknowledges that any use that Customer elects to make of the Accelize Marks, even if permitted hereunder, is at Customer's sole risk, and that Accelize shall have no liability or responsibility in connection therewith. Customer may not transfer, assign, or sublicense Customer's limited permission to use the Accelize Marks to any other person or entity. Customer's 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 Accelize may issue from time to time to govern use of the Accelize Marks. Customer's limited permission to use the Accelize Marks hereunder shall automatically terminate and Customer must immediately cease all use of the Accelize Marks if at any time the Agreement is terminated, Customer's Content no longer uses any of the Services, or Customer's software product cannot be used with any of the Services, as applicable.
5. NO AFFILIATION OR ENDORSEMENT.
Customer will not display the Accelize Marks in any manner that implies that Customer is related to, affiliated with, sponsored by, or endorsed by Accelize, or in a manner that could reasonably be interpreted to suggest that Customer's Content, website, product, or service, has been authored or edited by Accelize, or represents Accelize views or opinions.
6. NO DISPARAGEMENT.
Customer may only use the Accelize Marks in a manner designed to maintain the high standard, quality, and reputation associated with the Accelize Marks. Customer shall not use the Accelize Marks to disparage Accelize or its products or services.
7. NO DOMINANT DISPLAY; ACCELIZE MARK DIFFERENTIATION.
Customer may not display any Accelize Mark as the largest or most prominent trademark in any materials (including, without limitation, any website or product literature) associated with Customer's Content, software tool, or other software application. When using any Accelize Mark, Customer must distinguish the Accelize Mark from the name of Customer's 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. HYPERLINKING.
Customer shall link each use of the Accelize Marks directly to the following URL, wherever technically feasible: http://www.accelize.com. Customer may, alternatively, link to an Accelize detail page for a Service used by Customer's Content, and if Customer does so, Customer must link to the primary URL for the Service (e.g., https://[name of Portal].accelize.com/[name of Service]). Customer may direct for the URL to open in a new browser window. Customer may not link the Accelize Marks to any website other than the primary URL for the applicable Service. Customer may not frame or mirror any of Accelize's website pages.
9. NO COMBINATION.
Customer may not hyphenate, combine, or abbreviate the Accelize Marks. Customer shall not incorporate the Accelize Marks into the name of Customer's organization, services, products, trademark(s), 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.
10. REFERENCE AND IDENTIFICATION.
When using the Accelize Marks, Customer shall use such Accelize Marks as an adjective accompanied by an appropriate noun, and will not pluralize, hyphenate, abbreviate, or make possession any Accelize Mark.
11. ADWORDS.
Accelize expressly prohibits Customer's use of the Accelize Marks as part of any paid searchword or adword campaigns, such as Google Ads. Accelize owns and restricts trademark use by third parties on all search engines.
12. ATTRIBUTION.
Customer shall ensure that Accelize is noted as the owner of the Accelize Marks when used by Customer and must include the following statement in any materials that include the Accelize Marks: "Accelize", the Accelize logo, [and name any other Accelize Marks used in such materials] are trademarks of Accelize, Inc. and its affiliates in the United States and/or other countries."
13. NO MISLEADING USE.
Customer may not display the Accelize Marks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable, as may be determined by Accelize at its sole discretion.
14. TRADE DRESS.
Customer may not imitate the trade dress or "look and feel" of any of the Accelize Sites, including without limitation, the branding, color combinations, fonts, graphic designs, product icons, or other elements associated with us.
15. COMPLIANCE WITH LAW; APPROPRIATE ACTIVITIES.
Customer 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, Customer may not display any Accelize Mark on Customer's site if Customer's site contains or displays adult content or promotes illegal activities or gambling.
16. RESERVATION OF RIGHTS.
Except for as specified in Section 4 ("Limited Permission") above, nothing in the Agreement or these Trademark Guidelines shall grant or be deemed to grant Customer any right, license, title, or interest in or to any Accelize Mark or any of Accelize or its Affiliates' other trademarks, service marks, trade names, logos, product names, service names, legends, other designations, or abbreviations of any of the foregoing. Customer acknowledge and agree that Accelize and its Affiliates retain any and all intellectual property and other proprietary rights in and to the Accelize Marks. All use by Customer of the Accelize Marks, including any goodwill associated therewith, shall inure to the benefit of Accelize.
17. NO CHALLENGES.
By using any Accelize Marks, Customer acknowledges that Accelize is the sole owner of the Accelize Marks and agrees not to interfere with Accelize's rights in the Accelize Marks, including challenging Accelize's use, registration of, or application to register such Accelize Marks. Customer agrees it 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 Accelize registration thereof, nor shall Customer 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.
18. CONTACT INFORMATION.
Any questions regarding Customer obligations under the Trademark Guidelines or regarding any Accelize Mark should be directed to:
Email:
privacy@accelize.com
Mailing Address:
Accelize Inc.
Attention: Trademarks
2570 N 1st Street
San Jose, CA 95131
United States of America
