Brand Restrictions Clause Samples
Brand Restrictions. (a) Company shall not enter into any license agreement or acquire any rights in or to any photographs or other assets of ▇▇▇▇▇▇ from any party other than Provider for use during the Term, whether for use in connection with the Products or otherwise, without Provider’s prior written approval of the same in each instance, which approval may be granted or withheld in Provider’s sole and absolute discretion. Company shall not, during the Term or at any time thereafter: (i) defame or disparage the Brand Rights (or any portion thereof) or Provider, or ▇▇▇▇▇▇, nor shall Company place the Brand Rights (or any portion thereof), Provider or ▇▇▇▇▇▇ in a negative light, whether in connection with this Agreement or otherwise, or (ii) utilize the Brand Rights (or any portion thereof) in association with, nor shall Company associate ▇▇▇▇▇▇ with any of the following: (A) any tobacco or products/paraphernalia related thereto (e.g., cigarettes, etc., but specifically excluding cigars); (B) any narcotics or products/paraphernalia related thereto; (C) mortuaries, cemeteries and/or other products or services relating to death; (D) pornography or other “adult only” or sexually explicit activities or services (including video tapes, books, magazines, tapes, pornography, sex toys, condoms, software and online and telephone services and other mediums now in existence or hereafter devised); (E) massage parlors or prostitution, dating or escort agencies or services; (F) weapons; or (G) any products and/or services that denigrate or discriminate against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age.
(b) Company acknowledges and agrees that: (i) any and all use of the Brand Rights and/or any intellectual property rights related to ▇▇▇▇▇▇ (e.g. exploitation of a copyrighted photograph of ▇▇▇▇▇▇), whether in connection with the Products or otherwise, requires the consent and authorization of Provider in each instance, (ii) Provider is the only person or entity that can authorize the use of Brand Rights on or in connection with any products or services throughout the world, and (iii) should Company or any third party desire to manufacture, advertise, sell, offer or otherwise exploit any products or services related to ▇▇▇▇▇▇, any and all such acts would be a use of the Brand Rights and would therefore require the prior written consent of Provider in each instance.
(c) Provider shall own all right, title and...
Brand Restrictions. PAPA JOHN’S shall not, during the Term or at any time thereafter: (I) defame or disparage CELEBRITY or the Personality Rights (or any portion thereof), nor shall PAPA JOHN’S place the CELEBRITY or the Personality Rights (or any portion thereof) in a negative light, whether in connection with this Agreement or otherwise, or (ii) utilize the Personality Rights (or any portion thereof) in association with, nor shall PAPA JOHN’S associate CELEBRITY with any of the following: (A) alcohol, drugs (including, without limitation, both prescription and non-prescription) or other supplements; (B) death; (C) pornography or other “adult only” or sexually explicit activities; (D) massage parlors, prostitution or any dating or escort activities; (E) weapons or ammunition; (F) denigration or discrimination against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age; (G) incontinence; (H) weight loss/gain; (I) medical conditions (including, without limitation, hair loss); or (J) political campaigns or causes.
Brand Restrictions. (a) Each SIG Party will be responsible for the advertising, marketing, promotion, billing and sales of its MVNO Services. Subject to Section 2.5(b) and except as consented to in writing by Clearwire, each SIG Party shall advertise, market, promote or sell its MVNO Service only under a brand (i) owned by the SIG Party or any of its Controlled Affiliates or (ii) licensed by such SIG Party from a third party under a license that gives such SIG Party the right to use such brand; provided that the subscribers acquired by any SIG Party or any of its Controlled Affiliates through the use of any brand described in the foregoing clause (ii) shall be solely such SIG Party’s End Users and such SIG Party shall be solely responsible for maintaining the customer service and billing relationship with such End Users. Notwithstanding the foregoing clause (ii), each SIG Party agrees that it will not utilize any brand (other than any brand owned by Sprint or any of its Controlled Affiliates) associated with [*****] or any brand associated with serious moral turpitude that would reasonably be expected to cause material harm to the reputation or goodwill of Clearwire if used to brand such SIG Party’s MVNO Service.
(b) If mutually agreed by a SIG Party and Clearwire, then that SIG Party may use one or more of Clearwire’s brands in connection with its product offerings [*****]. Any such use of Clearwire’s brands shall be subject to the terms and conditions of a separate license agreement to be mutually agreed between Clearwire and such SIG Party prior to the commencement of such use.
(c) No SIG Party shall advertise, market or otherwise publicize or promote its MVNO Services in any Market before the earlier of [*****].
Brand Restrictions. Purchaser may market and sell the PCS Services as Private Label Service only under service marks, trademarks, and trade names that are owned by Purchaser, one of its Affiliates, any Person that survives a Change of Control Event concerning Purchaser or one of its Affiliates, or any of its Related Entities (“Brands”). Nothing in this Agreement shall prohibit Purchaser from, and Sprint agrees that Purchaser *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. may engage in, co-branding, offering, marketing or selling the Private Label Service under service marks, trademarks, or trade names that are owned or controlled by IRs, provided that the Brands have the same or greater prominence than the marks, trademarks, or trade names of any such IR with whom Purchaser agrees to co-brand and offer, market, or sell the Private Label Service.
Brand Restrictions. Customer may market and sell the Bundled Service only under service marks, trademarks, and trade names that are owned, controlled, or licensed by Customer. Customer recognizes Sprint’s ownership of service marks, trademarks, and trade names used in connection with the service and products sold by Sprint and Sprint Affiliates (“Sprint Marks”). Customer will not engage in any activities or commit any acts, directly or indirectly, that contest, dispute, or otherwise impair Sprint’s or Sprint’s Affiliate’s rights in the Sprint Marks. Except as specifically agreed in writing, nothing in the Agreement grants to Customer the right to use any Sprint Mark or any service mark, trademark, or trade name that is confusingly similar to or a colorable imitation of any Sprint Mark, including in any of Customer’s advertisements, and will not incorporate the Sprint Marks into any service mark, trademark, or trade name used or developed by Customer. Upon Sprint’s request, Customer will provide to Sprint any materials using the Sprint Marks for Sprint’s review to determine compliance with this requirement. The limitations of liability contained in the Agreement do not apply to Customer’s violations of this section 1.2. If Customer violates or threatens to violate this section, Sprint may exercise any right or remedy under the Agreement and any other right or remedy that it may have (now or hereafter existing) at law, in equity, or under statute. In the event that Customer violates or threatens to violate this section, it may not raise the defense of an adequate remedy at law.
Brand Restrictions. PAPA JOHN'S must not, during the term of office or at any time thereafter: (I) defame or denigrate CELEBRITY or personality rights (or any part of it), nor papa JOHN'S place the CELEBRITY or personality rights (or any part of it) in a negative light, whether as part of this agreement or otherwise, or (ii) use personality rights (or any part of it) in association with, nor does papa JOHN's associate CELEBRITY with any of the following: (A) alcohol, medications (including, without limitation, both prescription and over-the-counter) or other supplements; B) death; (c) pornography or other adult only or sexually explicit activities; (D) massage parlors, prostitution or any dating or escorting activity; E) weapons or ammunition; (F) denigration or discrimination against persons on the basis of race, national origin, sex, religion, disability, ethnic origin, sexual orientation, identity or age of gender; (G) incontinence; (H) weight loss/gain; (I) medical conditions (including, without limitation, hair loss); or (J) campaigns or political causes. 6. Application of celebrity approval and personality rights. ABG has the exclusive right, at the sole cost and expense of ABG (excluding the fees and external costs of PAPA JOHN's lawyers) and exercisable at ABG's sole discretion, to institute in its own name and to control, with the lawyer of its choice, all claims, lawsuits and/or actions against third parties relating to personality rights, and other property rights in and of the same (claim of infringement), and ABG has the right to receive and retain all amounts awarded, if any, in the form of damages, or other claims. PAPA JOHN'S must help ABG ensure that third parties do not unlawfully infringe on personality rights. PAPA JOHN'S will promptly notify ABG of such violations that PAPA JOHN'S is aware of. PAPA JOHN'S will not take any action or in connection with any infringement claim, other than notifying ABG of the same thing, and cooperating with ABG, in accordance with this section. PAPA JOHN'S herely acknowledges that: (i) ABG and CELEBRITY have no obligation to take action in relation to an infringement claim, and (ii) ABG and CELEBRITY must not incur any liability due to: (A) the omission or refusal of ABG or celebrity to take such action against an infringement claim, or (B) any settlement relating to any infringement claim to which ABG or CELEBRITY 7. No attack. PAPA JOHN'S shall not, during the term of office or at any time thereafter, attack or challenge ...
Brand Restrictions. Each SIG Party may market the PCS Service as Private Label Service in compliance with Section 2.3 under any service marks, trademarks, trade names or other indicia or origin owned or controlled by such SIG Party or any of its Affiliates or for which such SIG Party or any of its Affiliates has the right to use in connection therewith except for any brand associated with [*****].