Common use of The Applicable Clause in Contracts

The Applicable. VERSUS Entity shall have the right to create and distribute promotional and marketing literature and materials for the Services using the Licensed Marks and materials and content provided by E*TRADE hereunder. The Applicable VERSUS Entity shall furnish to E*TRADE, at no expense to E*TRADE, samples of all literature and materials containing the Licensed Marks that it distributes or intends to distribute prior to any distribution thereof. E*TRADE shall control the quality (but not the Canadian content) of all promotional and marketing literature and materials bearing the Licensed Marks and the Applicable VERSUS Entity's use of the Licensed Marks. Such quality control must be necessary, in E*TRADE's reasonable determination, to the preservation of E*TRADE's interest in the Licensed Marks, the "look and feel" and value propositions associated with the Licensed Marks, and other similar quality related standards. If E*TRADE believes that the Licensed Marks are being used by the Applicable VERSUS Entity in a manner likely to diminish E*TRADE's rights in or protection of the Licensed Marks (other than uses which are approved as of the date hereof by E*TRADE and are set forth on Attachment A and uses which are governed by applicable Canadian law with which VERSUS must comply), the Applicable VERSUS Entity agrees, at its sole cost and expense, to make whatever changes and/or corrections E*TRADE deems necessary to protect the Licensed Marks.