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Tier10 Marketing Downloadable Trademark Usage Guidelines
These Terms of Use set forth the terms and conditions upon which Authorized Users are permitted to access and use the Tier10 Marketing trademark and logos (“TIER10 Marks”) provided by Tier10 Marketing, LLC (“TIER10″). TIER10 reserves the right to revise these Terms of Use at any time. “Authorized Users” are TIER10 customers, clients, vendors, and other parties authorized by TIER10.
Proprietary Rights. The TIER10 Marks are and shall remain the exclusive property of TIER10. Authorized Users acknowledge and agree that the TIER10 Marks are protected by applicable trademark and other intellectual property laws. Nothing in these Terms of Use grants Authorized Users ownership or other rights in or to any of the TIER10 Marks, any TIER10 content, or any other TIER10 trademarks or logos, except to use in accordance with these terms. Authorized Users are not granted any right, title or interest in the TIER10 Marks, except on the conditions granted for use as may be provided under a separate Agreement between Authorized User and TIER10, which may require additional disclaimers. All rights and goodwill associated with Authorized User’s use of the TIER10 Marks will inure to the benefit of TIER10.
Quality Standards. Authorized Users must use the TIER10 Marks as provided by TIER10. All TIER10 Marks must link directly back to the Tier10.com website. The TIER10 Marks shall always be smaller than Authorized User’s trademarks and/or logos. Authorized User shall at all times observe high standards of quality in the production and provision of the goods and services with which the TIER10 Marks are used. Authorized User shall use the TIER10 Marks in the same manner and quality as provided below and shall not be redrawn, re-colored, distorted, altered or disparaged at any time. TIER10 shall have the right to promulgate from time to time additional and/or revised guidelines and requirements with respect to use by Authorized Users of the TIER10 Marks as TIER10 may reasonably determine are necessary or useful in maintaining the quality and value of the TIER10 Marks and Authorized Users agree to comply with the material contained in the updated guidelines immediately upon receipt of, or posting of the new guidelines.
No Use of TIER10 Trademarks in Ad Text. Authorized Users agree NOT to use any TIER10 trademarks or logos in any search engine advertising text, including Google AdWords sponsored ads, search terms, keywords, metadata or page titles, or in any other manner with search engines or devices. Authorized Users express agree that its use of the TIER10 Marks, or the TIER10 name, trademarks, and/or logos in conjunction with the TIER10 Marks shall not constitute the right to sell, and shall not be used to facilitate the sale of, any product or service of TIER10, without the further express written agreement of TIER10.
Other Prohibitions. In addition to any other prohibitions herein, Authorized Users may not:
(A) display or use the TIER10 Marks in any manner that:
(1) states or implies any endorsement, sponsorship, or affiliation, by or with, TIER10;
(2) disparages or tarnishes TIER10, in TIER10′s sole opinion;
(3) suggests that editorial content has been authored by, or represents the views or opinions of, TIER10 or any TIER10 representative, agent, personnel or affiliate;
(4) is misleading, defamatory, libelous, obscene, infringing or otherwise objectionable;
(5) infringes, derogates, dilutes, or impairs the rights of TIER10 in such trademark or logo;
(B) use the TIER10 Logo or TIER10 trademarks as part of a name of a product or service of a company other than TIER10;
(C) make or imply any representations or warranties regarding TIER10, its products and/or services;
(D) register any TIER10 trademarks, logos or trade names that are identical to or confusingly similar with TIER10′s trademarks, logos or trade names in any jurisdiction, domestic or foreign;
(E) edit, revise, alter, or otherwise modify the TIER10 Marks or any content thereof;
(F) combine the TIER10 trademarks or logos with any other mark or logo.
(G) link to the TIER10 Marks from any website containing obscene, defamatory, harassing, illegal, offensive, or malicious material;
(H) in connection with any material that infringes the trademark, copyright or any other rights of any third party;
(I) incorporate the TIER10 Logo into Authorized Users’ advertising; or
(J) sell, transfer, reproduce, duplicate, distribute, publish, modify, migrate, store, copy or transmit any material from the TIER10 Marks unless and until Authorized Users have obtained our prior written consent, including, without limitation, the software programming and html and other code contained in the TIER10 Marks, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available via the TIER10 Marks.
Termination. TIER10 reserves the right to modify, alter, discontinue, or terminate, without notice to Authorized Users, the content, formatting, and/or distribution of any TIER10 Marks. TIER10 reserves the right to terminate the usage of any TIER10 Marks and TIER10 trademarks and logos by any individual or organization for any reason at any time. If TIER10 provides Authorized Users any such notice, upon Authorized Users’ receipt of notice of such revocation, Authorized Users shall immediately discontinue or disable any link to the TIER10 Marks and remove any and all occurrences of the TIER10 trademarks and logos.
Disclaimer of Warranties. Authorized Users expressly understand and agree that Authorized Users’ use of the TIER10 Marks is at Authorized Users’ sole risk. TIER10 provides the TIER10 Marks on an “as is” and “as available” basis. TIER10 and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “TIER10 Parties”) are not responsible for errors or omissions and expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Authorized Users acknowledge and agree that the TIER10 Parties are not liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the TIER10 Marks. The TIER10 Parties make no warranty that the TIER10 Marks will meet Authorized Users’ requirements and/or be uninterrupted, timely, secure, error-free, accurate or reliable, and assume no liability for any of Authorized Users’ activities in connection with the TIER10 Marks or for Authorized Users’ use of the TIER10 Marks in connection with Authorized Users’ electronic property.
Proper Attribution. The TIER10 trademarks and logos provided in connection with the TIER10 Marks are the only ones allowed without our prior written permission. To the extent necessary under applicable laws, TIER10 grants to Authorized Users a non-exclusive, limited, revocable and royalty-free license to use the TIER10 trademarks and logos solely in connection with the TIER10 Marks on Authorized Users’ electronic property and subject to the terms and conditions set forth in these Terms of Use. Authorized Users agree to properly and accurately display the TIER10 trademarks and/or logos in their entirety. Each time one of the TIER10 Marks is used, the following footnote should appear within the document:
Tier10 Marketing and the Tier10 Marketing Logo are trademarks of Tier10 Marketing, LLC.
Governing Law. These Terms of Use shall be governed by the laws of the State of Delaware and the United States without reference to its conflict of laws provisions. Authorized Users and TIER10 agree to submit to the personal and exclusive jurisdiction of the courts located within New Castle County, Delaware.
Each time one of the TIER10 Marks is used, the following footnote should appear within the document:
® Tier10 Marketing is a registered trademark of Tier10 Marketing, LLC.
The .png files are to be used on electronic mediums (Web, PowerPoint, etc.), while the .tif files should be used on printed materials.
