Common use of Brand Restrictions Clause in Contracts

Brand Restrictions. (a) Company shall not enter into any license agreement or acquire any rights in or to any photographs or other assets of Xxxxxx 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 Xxxxxx, nor shall Company place the Brand Rights (or any portion thereof), Provider or Xxxxxx 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 Xxxxxx 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 Xxxxxx (e.g. exploitation of a copyrighted photograph of Xxxxxx), 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 Xxxxxx, 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 interest (including, without limitation, all intellectual property rights) in and to any: (i) domain names that are similar to, use and/or incorporate the Brand Rights, or any variation thereof (“Domain Names”), (ii) corporate, trade or business names that are similar to, use and/or incorporate the Brand Rights, or any variation thereof (“Business Names”), and (iii) the Norman’s verified social media accounts and other social media accounts (e.g., on Twitter, Facebook, Instagram, etc.) that are branded with any Brand Rights, or any variation thereof (together with the Domain Names and Business Names, the “Brand Names/Accounts”). During the Term and at all times thereafter, Company shall have no right to, and hereby agrees not to, register any Brand Name/Account incorporating, in whole or in part, Brand Rights or any variation(s) or derivative(s) thereof. Should Company register any Brand Name/Account incorporating any Brand Rights or any variation(s) or derivative(s) thereof, Company shall transfer the same to Provider, immediately upon Provider’s request.

Brand Restrictions. (a) Company shall not enter into any license agreement or acquire any rights in or to any photographs or other assets of Xxxxxx Xxxxxxxx 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 XxxxxxXxxxxxxx, nor shall Company place the Brand Rights (or any portion thereof), Provider or Xxxxxx Xxxxxxxx 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 Xxxxxx Xxxxxxxx with any of products other than the Products, including without limitation 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 Xxxxxx Xxxxxxxx (e.g. exploitation of a copyrighted photograph of XxxxxxXxxxxxxx), 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 XxxxxxXxxxxxxx, 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 interest (including, without limitation, all intellectual property rights) in and to any: (i) domain names that are similar to, use and/or incorporate the Brand Rights, or any variation thereof (“Domain Names”), (ii) corporate, trade or business names that are similar to, use and/or incorporate the Brand Rights, or any variation thereof (“Business Names”), and (iii) the Norman’s Xxxxxxxx’x verified social media accounts and other social media accounts (e.g., on Twitter, Facebook, Instagram, etc.) that are branded with any Brand Rights, or any variation thereof (together with the Domain Names and Business Names, the “Brand Names/Accounts”). During the Term and at all times thereafter, Company shall have no right to, and hereby agrees not to, register any Brand Name/Account incorporating, in whole or in part, Brand Rights or any variation(s) or derivative(s) thereof. Should Company register any Brand Name/Account incorporating any Brand Rights or any variation(s) or derivative(s) thereof, Company shall transfer the same to Provider, immediately upon Provider’s request.

Brand Restrictions. (a) Company shall not enter into any license agreement or acquire any rights in or to any photographs or other assets of Xxxxxx Xxxxxxxx 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 XxxxxxXxxxxxxx, nor shall Company place the Brand Rights (or any portion thereof), Provider or Xxxxxx Xxxxxxxx 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 Xxxxxx Xxxxxxxx with any products other than the Products, including without limitation 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 Xxxxxx Xxxxxxxx (e.g. exploitation of a copyrighted photograph of XxxxxxXxxxxxxx), 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 XxxxxxXxxxxxxx, 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 interest (including, without limitation, all intellectual property rights) in and to any: (i) domain names that are similar to, use and/or incorporate the Brand Rights, or any variation thereof (“Domain Names”), (ii) corporate, trade or business names that are similar to, use and/or incorporate the Brand Rights, or any variation thereof (“Business Names”), and (iii) the Norman’s Xxxxxxxx’x verified social media accounts and other social media accounts (e.g., on Twitter, Facebook, Instagram, etc.) that are branded with any Brand Rights, or any variation thereof (together with the Domain Names and Business Names, the “Brand Names/Accounts”). During the Term and at all times thereafter, Company shall have no right to, and hereby agrees not to, register any Brand Name/Account incorporating, in whole or in part, Brand Rights or any variation(s) or derivative(s) thereof. Should Company register any Brand Name/Account incorporating any Brand Rights or any variation(s) or derivative(s) thereof, Company shall transfer the same to Provider, immediately upon Provider’s request.