Common use of ADVERTISING & TRADEMARKS Clause in Contracts

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. 6.1. Broker agrees not to display or use, instruct or permit others to display todisplay 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 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 mayprovide concerning Aspire or Aspire’s products or servicesorservices. 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. 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 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 writtenapproval 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. 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 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 mayprovide concerning Aspire or Aspire’s products or servicesorservices. 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.