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Marketing Materials Usage Agreement
The images, trademarks, trade names, service marks and logos which are displayed on this page, and have been employed by the Company in connection with the marketing or sale of its Products are hereafter called the "Company’s Marketing Materials". Authorized OVERHEAD DOOR CORPORATION distributors are hereby granted a non-exclusive, limited license to utilize the Company’s Marketing Materials in print and internet media solely in connection with such authorized dealer’s advertisement of OVERHEAD DOOR CORPORATION branded products for resale, subject to the terms and conditions set forth below. By downloading and/or utilizing any Company Marketing Materials, you are deemed to have acknowledged, and agreed to bind yourself and any entity on behalf of which you may choose to implement use of any Company Marketing Materials to the following terms and conditions.
You affirm and acknowledge the OVERHEAD DOOR CORPORATION ("the Company's") sole and exclusive right to and ownership of the Company's Marketing Materials including, without limitation, the trademark "OVERHEAD DOOR", the OVERHEAD DOOR CORPORATION logo and any images appearing on this page. During the term of this Agreement, and thereafter, you shall not do or cause to be done any act or thing contesting or in any way impairing the Company's ownership of or exclusive rights to the Company's Marketing Materials. All uses by you of the Company's Marketing Materials, including the trademark "OVERHEAD DOOR", the OVERHEAD DOOR CORPORATION logo and any images appearing on this page, shall inure to the benefit of the Company. You shall not secure, or attempt to secure, any federal, or state registration of any trademark or service mark which includes, is the same as, or is deceptively similar to, the Company's Marketing Materials including, without limitation, the trademark "OVERHEAD DOOR”, the OVERHEAD DOOR CORPORATION logo.
You shall not use any of the Company's Marketing Materials (or trade designations, trademarks or service marks deceptively similar thereto) on, or in connection with the sale or promotion of, any product unless that product was purchased from the Company or assembled by you from component parts, including hardware and fixtures, which parts are all manufactured by the Company or supplied to you by the Company.
The Company’s Marketing Materials shall never appear as part of your business name, the primary element of any print or internet media advertisement, or be used in any context which could reasonably suggest an affiliation between you and the Company more significant than that of a dealer of the Company’s products or which could reasonably create an impression that the Company is the source of any material created or services offered by you.
You shall use and display the Company's Marketing Materials only in the manner stated by the Company in instructions which may be given from time to time to you or as may be from time to time posted on this page. You shall not alter or make any derivative works of any of the Company’s Marketing Materials.
You shall not attempt to sub-license, or in any way grant permission to any third party to use any of the Company's Marketing Materials, nor shall you use the Company's Marketing Materials in any manner, nor take any other action, which would imply that you are the manufacturing source of the Products, rather than a distributor of them.
The Company shall have the sole right, but not the obligation, to take actions to enforce its rights against you or any third party, which may be infringing any of the Company’s Marketing Materials licensed hereunder. You shall not take any actions against any third party to prevent such third party's use of the Company's Marketing Materials (or any mark or term deceptively similar thereto).
The Company may withdraw and terminate this non-exclusive limited license at any time, for any or no reason, upon written notice to you. In such event, you shall immediately cease use of all Company’s Marketing Materials in any and all media, and destroy any materials bearing any of the Company’s Marketing Materials. In the event Company is required to retain an attorney or file suit to obtain your compliance with this Marketing Material Usage Agreement, the Company shall be entitled to recover from you all of its attorneys’ fees and costs.
You affirm and acknowledge the OVERHEAD DOOR CORPORATION ("the Company's") sole and exclusive right to and ownership of the Company's Marketing Materials including, without limitation, the trademark "OVERHEAD DOOR", the OVERHEAD DOOR CORPORATION logo and any images appearing on this page. During the term of this Agreement, and thereafter, you shall not do or cause to be done any act or thing contesting or in any way impairing the Company's ownership of or exclusive rights to the Company's Marketing Materials. All uses by you of the Company's Marketing Materials, including the trademark "OVERHEAD DOOR", the OVERHEAD DOOR CORPORATION logo and any images appearing on this page, shall inure to the benefit of the Company. You shall not secure, or attempt to secure, any federal, or state registration of any trademark or service mark which includes, is the same as, or is deceptively similar to, the Company's Marketing Materials including, without limitation, the trademark "OVERHEAD DOOR”, the OVERHEAD DOOR CORPORATION logo.
You shall not use any of the Company's Marketing Materials (or trade designations, trademarks or service marks deceptively similar thereto) on, or in connection with the sale or promotion of, any product unless that product was purchased from the Company or assembled by you from component parts, including hardware and fixtures, which parts are all manufactured by the Company or supplied to you by the Company.
The Company’s Marketing Materials shall never appear as part of your business name, the primary element of any print or internet media advertisement, or be used in any context which could reasonably suggest an affiliation between you and the Company more significant than that of a dealer of the Company’s products or which could reasonably create an impression that the Company is the source of any material created or services offered by you.
You shall use and display the Company's Marketing Materials only in the manner stated by the Company in instructions which may be given from time to time to you or as may be from time to time posted on this page. You shall not alter or make any derivative works of any of the Company’s Marketing Materials.
You shall not attempt to sub-license, or in any way grant permission to any third party to use any of the Company's Marketing Materials, nor shall you use the Company's Marketing Materials in any manner, nor take any other action, which would imply that you are the manufacturing source of the Products, rather than a distributor of them.
The Company shall have the sole right, but not the obligation, to take actions to enforce its rights against you or any third party, which may be infringing any of the Company’s Marketing Materials licensed hereunder. You shall not take any actions against any third party to prevent such third party's use of the Company's Marketing Materials (or any mark or term deceptively similar thereto).
The Company may withdraw and terminate this non-exclusive limited license at any time, for any or no reason, upon written notice to you. In such event, you shall immediately cease use of all Company’s Marketing Materials in any and all media, and destroy any materials bearing any of the Company’s Marketing Materials. In the event Company is required to retain an attorney or file suit to obtain your compliance with this Marketing Material Usage Agreement, the Company shall be entitled to recover from you all of its attorneys’ fees and costs.
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