Common use of Trademarks and Tradenames Clause in Contracts

Trademarks and Tradenames. The Parties recognize that the name and/or respective marks of the other are valuable and that all goodwill associated with use of such names and marks shall inure to the benefit of the other. Mannatech shall have the right to terminate this Agreement immediately in the event that Wellness acts in a manner that would negatively impact the reputation of Mannatech and/or of its name or marks (“Mannatech Marks”) and/or would infringe or dilute the value of Mannatech’s marks or which is not in compliance with applicable law in the United States or any other country in which Mannatech conducts business as the case may be. Likewise, Wellness shall have the right to terminate this Agreement immediately in the event that Mannatech acts in a manner that would negatively impact the reputation of Wellness and/or of its name or marks (“Wellness Marks”) and/or would infringe or dilute the value of’ Wellness’ marks or which is not in compliance with applicable law in the United States or any other country in which Wellness conducts business as the case may be. 7.9.1 Mannatech shall be the sole owner and shall have perpetual use and control of all Promotional Materials produced for Mannatech bearing its trade name and/or Mannatech Marks related to the Product. Mannatech shall be free to dispose of and treat in any way all Promotional Materials under this Agreement, including but not limited to selling, advertising, distributing, and permitting their use in other mediums, whether for profit or otherwise. and Wellness has right or license to use any of the trademarks or tradenames owned by, licensed to or associated with the Mannatech Marks during the Term without prior written approval and express permission from Mannatech, such approval and permission is within the sole discretion of Mannatech and may be withheld at any time.

Trademarks and Tradenames. 10.1 The Parties recognize that the corporate name and/or and respective marks trademarks or tradenames of the other are valuable and that all goodwill associated with use of such names and marks shall inure to the benefit of the other. Mannatech Either Party shall have the right to terminate this Agreement immediately in the event that Wellness the other Party acts in a manner that which would negatively impact the reputation of Mannatech such Party and/or of its name or marks (“Mannatech Marks”) and/or would infringe or dilute the value of Mannatechthe other Party’s name or marks or which is not in compliance with applicable law in the United States or any other country in which Mannatech either Party conducts business as the case may be. Likewise, Wellness Each Party shall have be solely responsible for the right to terminate this Agreement immediately registration and maintenance of its trademarks and tradenames in the event that Mannatech acts in a manner that would negatively impact the reputation of Wellness and/or of its name or marks (“Wellness Marks”) and/or would infringe or dilute the value of’ Wellness’ marks or which is not in compliance with applicable law in the United States or any other country in which Wellness conducts business as the case may beTerritory. 7.9.1 Mannatech 10.2 Buyer shall be the sole owner and shall have perpetual use and control of all Promotional Materials promotional materials produced for Mannatech Buyer bearing its trade name and/or Mannatech Marks trademarks (“Buyer Marks”) related to the Product. Mannatech Buyer shall be free to dispose of and treat in any way all Promotional Materials promotional materials under this Agreement, including but not limited to selling, advertising, distributing, and permitting their use in other mediums, whether for profit or otherwise. and Wellness Except as provided in Section 4.3, Seller has no right or license to use any of the trademarks or tradenames owned by, licensed to or associated with the Mannatech Buyer Marks during the Term term of this Agreement without prior written approval and express permission from MannatechBuyer, such approval and permission is within the sole discretion of Mannatech Buyer and may be withheld at any time. 10.3 Seller acknowledges and agrees that all Product formulas are proprietary to and owned exclusively by Buyer (“Buyer Intellectual Property”) and Seller disclaims all interest in such Buyer Intellectual Property including without limitation any modifications or improvements made by Seller to such Buyer Intellectual Property during the term of this Agreement. Buyer acknowledges and agrees that any new product formula provided by Seller that is declined by Buyer for use under this Agreement shall be proprietary to and owned exclusively by Seller; provided it does not include Buyer’s proprietary formulations.