PRODUCT NAME. It is expressly agreed that the ownership and all right, title and interest in and to the Services and any trademark, trade name, patent or copyright relating to the Services is and will remain vested solely in StoresOnline; PROVIDED, HOWEVER, that as permitted by this Agreement, Reseller may use any existing or future trademark, trade name, patent or copyright relating to the Malls and/or the Services, such use to be limited to promoting, selling, installing or maintaining the Malls and/or the Services; and PROVIDED, FURTHER, that as permitted by this Agreement, the Services may be branded around Reseller's name, brand and image. Reseller shall use commercially reasonable efforts during the term of this Agreement to protect StoresOnline's trademarks, trade names, patents and copyrights, but shall not be required to instigate legal action against third parties for any infringement thereof. Reseller shall notify StoresOnline of any infringement as soon as practicable after becoming aware of any such infringement. Reseller shall not use, directly or indirectly, in whole or in part, StoresOnline's name or any other trade name or trademark that is owned or used by StoresOnline in connection with any product other than StoresOnline's products, without the prior written consent of StoresOnline.
Appears in 2 contracts
Samples: Cable Reseller and Mall Agreement (Netgateway Inc), Cable Reseller and Mall Agreement (Netgateway Inc)
PRODUCT NAME. It is expressly agreed that the ownership and all right, title and interest in and to the Services and any trademark, trade name, patent or copyright relating to the Services is and will remain vested solely in StoresOnline; PROVIDED, HOWEVER, that as permitted by this Agreement, Reseller Distributor may use any existing or future trademark, trade name, patent or copyright relating to the Malls and/or the Services, such use to be limited to promoting, selling, installing or maintaining the Malls and/or the Services; and PROVIDED, FURTHER, that as permitted by this Agreement, the Services may be branded around Reseller's the name, brand and imageimage of one or more of Distributor's resellers. Reseller Distributor shall use commercially reasonable its best efforts during the term of this Agreement to protect StoresOnline's trademarks, trade names, patents and copyrights, but shall not be required to instigate legal action against third parties for any infringement thereof. Reseller Distributor shall notify StoresOnline of any infringement as soon as practicable after becoming aware of any such infringement. Reseller Distributor shall not use, directly or indirectly, in whole or in part, StoresOnline's name or any other trade name or trademark that is owned or used by StoresOnline in connection with any product other than StoresOnline's products, without the prior written consent of StoresOnline.
Appears in 2 contracts
Samples: Distributor Mall and Storefront Agreement (Netgateway Inc), Distributor Mall and Storefront Agreement (Netgateway Inc)