TRADEMARKS AND CORPORATE IDENTIFICATION. 12.1 Each of Frontier and Mesa acknowledges for all purposes that any and all logos, trademarks, service marks and trade names of the other, whether registered or not, are and shall at all times remain the exclusive property of the other and may not be used in a manner not authorized without the prior written consent of such party, except as set forth herein. Each of Frontier and Mesa further acknowledges that any goodwill or other rights which arise as a result of the use by it of the other party's marks as permitted under this Agreement shall accrue solely to the benefit of the party owning such marks, whether registered or not. 12.2 Each of Frontier and Mesa hereby grants to the other, a non-exclusive, non-transferable, royalty-free license for the terms of this Agreement to use their respective service marks ("Frontier" for Frontier and "Mesa" for Mesa, each a "Licensed Trademark"), subject to the terms and conditions set forth in this Section 12. This license is limited to the use of the Licensed Trademarks in connection with the advertising and promotion of the Codeshared Flights contemplated by this Agreement. 12.3 Each party agrees to use the Licensed Trademarks only in a manner approved in advance and in writing by the party owning such Licensed Trademarks. Each Licensed Trademark shall be marked with an(R)or TM or SM or other symbol. 12.4 Each party agrees that all advertising and promotional materials bearing the Licensed Trademarks in relation to air transport services contemplated by this Agreement shall meet the quality and presentation standards as set forth by the party owning the relevant Licensed Trademark. 12.5 Each party has sole discretion to determine the acceptability of both the quality and presentation of advertising and promotional materials using its Licensed Trademark. 12.6 Each party is responsible for providing to its own authorized agents and airport locations the agreed promotional materials bearing the Licensed Trademarks. 12.7 Mesa operated flights under the F9 codeshare will be operated with an aircraft livery that reflects either Mesa or Frontier.
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TRADEMARKS AND CORPORATE IDENTIFICATION. 12.1 13.1 Each of Frontier JetBlue and Mesa American acknowledges for all purposes that any and all names, logos, insignia, trademarks, service marks marks, and trade names of the other, whether registered or notnot (“Marks”), are renown worldwide and shall at all times remain the exclusive property of the other Party, and may not be used in a manner not authorized without the prior written consent of such partyParty, except as set forth herein. Each of Frontier JetBlue and Mesa American further acknowledges that any goodwill or other rights which that arise as a result of the use by it of the other party's marks Party’s Marks, as permitted under this Agreement Agreement, shall accrue solely to the benefit of the party Party owning such marksMarks, US-DOCS\116490325.18 whether registered or not. Should any right, title or interest in the Marks of a Party become vested in the other Party, the latter Party hereby unconditionally assigns any such right, title and interest in the Marks to the former Party without royalties or compensation of any kind.
12.2 Each 13.2 Subject to the terms and conditions set forth in this Section 13, each of Frontier JetBlue and Mesa American hereby grants to the other, other a non-exclusive, non-transferable, royalty-free license for the terms term of this Agreement to use their respective service marks ("Frontier" “JetBlue Airways” for Frontier JetBlue and "Mesa" “American Airlines” for MesaAmerican, each a "“Licensed Trademark"), subject to the terms and conditions set forth in this Section 12. This license is limited to the use of the Licensed Trademarks ”) in connection with the offering of availability on Codeshared Flights by each Marketing Carrier and the marketing, advertising and promotion of the Codeshared Flights contemplated by this Agreement and the Frequent Flyer Participating Carrier Agreement.
12.3 . Each party agrees to Party shall provide the other Party with samples of all materials that use the Licensed Trademarks prior to their first public use or display, and will only use such materials after receiving the licensing Party’s prior written approval of the materials and intended use; provided, that listing Codeshared Flights on a Party’s website will not require prior approval by the other Party. Each Party may immediately suspend or terminate, in a manner whole or in part, the other Party’s license to use any of the licensing Party’s Licensed Trademarks if, in the licensing Party’s sole discretion, the other Party’s use of the Licensed Trademarks does not meet the licensing Party’s approval, or should the licensing Party wish to modify, replace or update its service marks, upon commercially reasonable notice.
13.3 Except as expressly provided herein, no right, property, license, permission or interest of any kind in the use of any name, logo, logotype, insignia, service xxxx, trademark, trade name, copyright, corporate goodwill or other proprietary intellectual property owned by either Party or its respective Affiliates is intended to be given to or acquired by the other Party, its agents, servants or other employees by the execution or performance of this Agreement. Neither Party hereto shall use any of the other Party’s or such Party’s respective Affiliates’ Marks, copyrights, or other proprietary intellectual property, including, but not limited to, the names “American Airlines, Inc.,” “American Airlines,” “American,” “American Eagle,” “AAdvantage,” “Envoy Air,” “Envoy,” “Piedmont Airlines,” “Piedmont,” “PSA Airlines,” “PSA,” “JetBlue Airways Corporation,” “JetBlue Airways,” “JetBlue,” “JetBlue Travel Products,” “JetBlue Vacations,” “Mint,” or “TrueBlue” in any marketing, advertising or promotional collateral, including credit card and telecom solicitations, except where each specific use has been approved in advance and in writing by the party owning other Party. When such Licensed Trademarks. Each Licensed Trademark approval is granted, either Party shall be marked comply with an(R)or TM or SM any and all conditions that the other Party may impose to protect the use of any of that Party’s Marks, copyrights or other symbolproprietary intellectual property.
12.4 Each party agrees that all advertising and promotional materials bearing the Licensed Trademarks in relation to air transport services contemplated by this Agreement shall meet the quality and presentation standards as set forth by the party owning the relevant Licensed Trademark.
12.5 Each party has sole discretion to determine the acceptability of both the quality and presentation of advertising and promotional materials using its Licensed Trademark.
12.6 Each party is responsible for providing to its own authorized agents and airport locations the agreed promotional materials bearing the Licensed Trademarks.
12.7 Mesa operated flights under the F9 codeshare will be operated with an aircraft livery that reflects either Mesa or Frontier.
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TRADEMARKS AND CORPORATE IDENTIFICATION. 12.1 Each of Frontier and Mesa acknowledges for all purposes that any and all logos, trademarks, service marks and trade names of the other, whether registered or not, are and shall at all times remain the exclusive property of the other and may not be used in a manner not authorized without the prior written consent of such party, except as set forth herein. Each of Frontier and Mesa further acknowledges that any goodwill or other rights which arise as a result of the use by it of the other party's marks as permitted under this Agreement shall accrue solely to the benefit of the party owning such marks, whether registered or not.
12.2 Each of Frontier and Mesa hereby grants to the other, a non-exclusive, non-transferable, royalty-free license for the terms of this Agreement to use their respective service marks ("Frontier" for Frontier and "Mesa" for Mesa, each a "Licensed Trademark"), subject to the terms and conditions set forth in this Section 12. This license is limited to the use of the Licensed Trademarks in connection with the advertising and promotion of the Codeshared Flights contemplated by this Agreement.
12.3 Each party agrees to use the Licensed Trademarks only in a manner approved in advance and in writing by the party owning such Licensed Trademarks. Each Licensed Trademark shall be marked with an(R)or an (R) or TM or SM or other symbol.
12.4 Each party agrees that all advertising and promotional materials bearing the Licensed Trademarks in relation to air transport services contemplated by this Agreement shall meet the quality and presentation standards as set forth by the party owning the relevant Licensed Trademark.
12.5 Each party has sole discretion to determine the acceptability of both the quality and presentation of advertising and promotional materials using its Licensed Trademark.
12.6 Each party is responsible for providing to its own authorized agents and airport locations the agreed promotional materials bearing the Licensed Trademarks.
12.7 Mesa operated flights under the F9 codeshare will be operated with an aircraft livery that reflects either Mesa or Frontier.
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TRADEMARKS AND CORPORATE IDENTIFICATION. 12.1 13.1 Each of Frontier Delta and Mesa Big Sky acknowledges for all purposes that any and all logos, trademarks, service marks and trade names tradenames of the other, whether registered or not, are and shall at all times remain the exclusive property of the other and may not be used in a manner not authorized without the prior written consent of such party, except as set forth herein. Each of Frontier Delta and Mesa Big Sky further acknowledges that any goodwill or other rights which arise as a result of the use by it of the other party's ’s marks as permitted under this Agreement shall accrue solely to the benefit of the party or Affiliate of the party owning such marks, whether registered or not. Should any right, title or interest in the logos, trademarks, service marks or tradenames of a party become vested in the other party, the latter party shall hold such right, title and interest in trust for the benefit of the former party and shall, at the request of the former party, promptly and unconditionally assign such right, title and interest to the former party without royalties or compensation of any kind.
12.2 13.2 Each of Frontier Delta and Mesa Big Sky hereby grants to the other, a non-exclusive, non-transferable, royalty-free license for the terms term of this Agreement to use their respective service marks ("Frontier" “Delta” and “Delta Connection” for Frontier Delta and "Mesa" “Big Sky” for MesaBig Sky, each a "“Licensed Trademark"”), subject to the terms and conditions set forth in this Section 1213. This license is limited to the use of the Licensed Trademarks in connection with the advertising and promotion of the Codeshared Hosted Prorate Flights contemplated by this Agreement.
12.3 13.3 Each party agrees to use the Licensed Trademarks only in a manner approved in advance and in writing by the party owning or possessing the right to license such Licensed Trademarks. Each Licensed Trademark shall be marked with an(R)or TM an ® or SM or other symbol, as appropriate, and reference a legend indicating that “Delta is a licensed service xxxx of Delta Air Lines, Inc.”, or “Big Sky is a service xxxx of Big Sky Transportation Co.”, as the case may be, or similar words to that effect.
12.4 13.4 Each party agrees that all advertising and promotional materials bearing the Licensed Trademarks in relation to air transport services contemplated by this Agreement shall meet the quality and presentation standards as set forth by the party owning the relevant Licensed Trademark.
12.5 13.5 Each party agrees that all advertising, promotional and other materials bearing the other party’s name or Licensed Trademark, shall be submitted for such other party’s prior review and approval before printing, publishing, or distributing any such material. Each party’s Licensed Trademark must appear exactly as set forth in specifications provided by such party. Once a party has approved a specific type of advertisement (e.g., the use of Delta’s name or Licensed Trademark in Big Sky’s airline timetable) the other party may continue to use such party’s name or Licensed Trademark in the same format during the term of this Agreement. At either party’s direction, the other party shall cause the withholding, discontinuance, recall or cancellation, as appropriate, of any advertising or promotional material not approved by such party that differs significantly from that approved by such party or that is put to a use or used in a media not approved by such party. Each party reserves the right to refuse to participate in any advertising or promotional materials proposed by the other party.
13.6 Each party has sole discretion to determine the acceptability of both the quality and presentation of advertising and promotional materials using its Licensed Trademark.
12.6 13.7 Each party is responsible for providing to its own authorized agents and airport locations the agreed promotional materials bearing the Licensed Trademarks.
12.7 Mesa operated flights under the F9 codeshare will be operated with an aircraft livery that reflects either Mesa or Frontier.
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