ADVERTISING & TRADEMARKS. 6.1. Broker agrees not to display or use, instruct or permit others to display or use, any of Aspire’s advertising, in whole or in part, or any of Aspire’s Trademarks, or any words, phrases, pictures or graphics that are derived from or confusingly similar to the same, in any way, including, without limitation, in signs, advertisements (e.g., print, electronic, radio, television, web, pay-per-click advertising, etc.), promotional material, business cards, directory listings, domain names, web sites or search engines. Notwithstanding the foregoing, with Aspire’s prior written consent, Broker may display Aspire’s Trademarks together with other insurer names or logos solely for the purpose of announcing insurers with which Broker can place business on behalf of Broker’s customers. Nothing herein shall be construed as prohibiting Broker distribution of materials that Aspire may provide concerning Aspire or Aspire’s products or services.
6.1.1. Broker agrees that use of Aspire’s Trademarks in any online advertising, to include but not limited to pay-per-click advertisings, key word advertising, and meta tags via services such as but not limited to Google, Overture, MSN or other search engines is a clear violation of this Agreement if the Broker does not receive prior written approval from Aspire.
6.2. If Broker violates the provisions of Section 6 and such violation is not remedied to Aspire’s satisfaction within fifteen calendar (15) days after Aspire’s written notice thereof, then in addition to any other remedies available to Aspire at law or in equity, Broker agrees that Aspire shall have the right to do any or all of the following: (a) terminate this Agreement immediately upon written notice to Broker’s last known address; (b) obtain immediate injunctive relief against any such displayor use; and or (c) collect for each month in which such violation occurs liquidated damages equal to the greater of $1,000 or 2% of Broker previous year’s total written premium with Aspire.
ADVERTISING & TRADEMARKS. Each Participant and Agent agrees that it will not advertise, or otherwise publish for advertising purposes in any news medium, the fact that it has furnished financing or lease accommodations to any party hereto without first obtaining the written consent of such party; provided, that such consent shall not be required in connection with the transfer by the Owner Participant of its right, title and interest in the Trust Estate in accordance with the terms of the Operative Documents. Notwithstanding any other provision of any Operative Document, no Participant or Agent will have any right to use any trademark, trade name or trade dress of, or otherwise refer to, any party hereto in any promotion or publication in a news medium without first obtaining the written consent of such party, except for identifying the Equipment as having been owned by, leased to or used by Zenith, in connection with (a) the repossession of or foreclosure on the Equipment, or (b) any transfer by the Owner Participant of its right, title and interest in the Trust Estate in accordance with the terms of the Operative Documents.
ADVERTISING & TRADEMARKS a. Each party shall submit to the other party, and obtain its approval on any joint advertising or promotional literature which in any way identifies the other party, prior to the use of such material. Each party agrees to review such material provided by the other and notify the other party of any comments with respect thereto as promptly as possible after receipt of such material.
b. Neither party shall use the trademark or service xxxx of the other without the written approval of the other nor shall FDMSC use that of the EBT Contractor or any of its affiliates without written approval from the EBT Contractor.
c. FDMSC shall promote the use of the EBT Contractor marks, and any other Government Entity service marks of, and other materials supplied by the State or EDS to Merchants in accordance with the Rules or other standards set by the State. Merchants may only use the marks to indicate that Benefits are issued at Merchant’s location(s) and will not indicate that the State, EDS or NACHA endorse Merchant’s goods or services. FDMSC’s and Merchants’ right to use such marks pursuant to this Addendum will continue only so long as this Addendum remains in effect or until FDMSC or Merchant is notified by the State, EDS or NACHA to cease their use or display. 12.
ADVERTISING & TRADEMARKS. Sybase may identify Partner as a Commercial Application Partner in Sybase advertising and marketing materials. Partner shall not make any representations concerning the Programs which are inconsistent with Sybase's marketing materials and advertising. Partner may utilize applicable Sybase trademarks and logos only in accordance with Sybase's then-current published guidelines, and trademarks shall remain the exclusive property of Sybase or its licensors. Partner shall suitably feature the Programs and related trademarks and Sybase's ownership of the Program in any advertising, marketing literature, product documentation and packaging of the Application Software. Partner shall give appropriate recognition in the Application Software of Sybase's proprietary rights in the Programs in the same manner, places and times and no less conspicuously than the recognition of the proprietary rights of other including Partner in the Application Software.
ADVERTISING & TRADEMARKS. Sybase may identify Partner as a Commercial Application Partner in Sybase advertising and marketing materials given Partner's prior approval. Partner shall not make any representations concerning the Programs which are inconsistent with Sybase's marketing materials and advertising. Partner may utilize applicable Sybase trademarks and logos only in accordance with Sybase's then-current published guidelines, and trademarks shall remain the exclusive property of Sybase or its licensors. Partner shall suitably feature, except when Partner's business interests may be adversely affected, the Programs and related trademarks and Sybase's ownership of the Program in any advertising, marketing literature, product documentation, and packaging of the Application Software. Partner shall give recognition in the Application Software of Sybase's proprietary rights in the Programs, and shall do so in the same manner, places and times, and no less conspicuously, than the recognition of the proprietary rights of any other software (excluding the Application Software), but in any event Partner shall include such recognition in the "Help About" dialogue box or equivalent.
ADVERTISING & TRADEMARKS. The Producing Agent may not use in any form or medium any registered or unregistered trademark, logos, symbols, trade name, or service xxxx owned by the Carriers or the Blue Cross and Blue Shield Association or issue or distribute any circular letter or publication referring to the Carriers or their products without the prior written approval of the Carriers.
ADVERTISING & TRADEMARKS. Rainmaker shall not make any representations concerning the Programs which are inconsistent with Sybase's marketing materials and advertising. Rainmaker may utilize applicable Sybase trademarks and logos only in accordance with Sybase's then-current published guidelines, and trademarks shall remain the exclusive property of Sybase or its licensors.
ADVERTISING & TRADEMARKS. Sybase hereby grants to Rainmaker, for the ---------------------- term of this Addendum and subject to the terms and conditions contained herein, a nonexclusive and nontransferable license to use the trademarks, service marks, logos and trade names that relate to Sybase or the IAD Programs (the "Marks") solely in connection with this Addendum; provided that Rainmaker clearly identifies Sybase's ownership of such Marks and uses such Marks in accordance with Sybase's then-current trademark guidelines. Furthermore, Rainmaker shall use the name "Sybase IAD Subscription Services" when performing its obligations with respect to the Outsourced Services.
ADVERTISING & TRADEMARKS. Sybase may identify Partner as a Commercial Application Partner in Sybase advertising and marketing materials, Partner shall not make any representations concerning the Programs which are inconsistent with Sybase's marketing materials and advertising. Partner may utilize applicable Sybase trademarks and logos only in accordance with Sybase's then-current published guidelines, and trademarks shall remain the exclusive property of Sybase or its licensors. Partner shall suitably feature the Programs and
ADVERTISING & TRADEMARKS. Each Participant and Agent agrees that it will not advertise, or otherwise publish for advertising purposes in any news medium, the fact that it has furnished financing or lease accommodations to any party hereto without first obtaining the written consent of such party. Notwithstanding any other provision of any Operative Document, no Participant or Agent will have any right to use any trademark, trade name or trade dress of, or otherwise refer to, any party hereto in any promotion or publication in a news medium without first obtaining the written consent of such party.
