Common use of Use of the Marks Clause in Contracts

Use of the Marks. 5.1 ADSC shall be entitled to use any or all of the United States Marks including the words Air Miles as or as part of the Licensed Name(s) of ADSC or any of its Affiliates incorporated in the Territory provided that it is legally able to do so. 5.2 ADSC may use any URL featuring any or part of the United States Marks including the words Air Miles and may use a domain name featuring any or part of the United States Marks including the words Air Miles including for any Internet-based products or services that ADSC offers as part of or in furtherance of the Programme, providing such URL or domain name includes an identifier of the Territory. ADSC's web site accessed through such domain name must also identify the Territory. ADSC may own any InterNIC Registration Rights therein in its sole discretion. 5.3 AMIH and ADSC agree to consider in good faith any incidents of actual confusion or circumstances giving rise to a reasonable apprehension of confusion between the operation of the Programme by ADSC and/or its sub-licensees of the AMIH Marks and the activities of AMIH and their respective Affiliates and/or licensees under the AMIH Marks which may come to the attention of either Party and the Party responsible for such incidents of confusion or circumstances shall take reasonable steps to ensure that similar confusion or potential confusion does not arise in the future. 5.4 Where ADSC becomes aware of a material or persistent breach, that materially affects the rights of AMIH, of the terms of any sub-license by a sub-licensee of the AMIH Marks appointed by ADSC and such breach continues for at least sixty (60) days after ADSC has given notice requiring the breach to be remedied ADSC shall by means of an escalating course of discipline culminating in termination assert the rights legally available to it to ensure compliance with the provisions of such sub-license agreement.

Use of the Marks. 5.1 ADSC LMGC shall be entitled to use any or all of the United States Canadian Marks including the words Air Miles as or as part of the Licensed Name(s) of ADSC LMGC or any of its Affiliates incorporated in the Territory provided that it is legally able to do so. 5.2 ADSC LMGC may use any URL featuring any or part of the United States Canadian Marks including the words Air Miles and may use a domain name featuring any or part of the United States Canadian Marks including the words Air Miles including for any Internet-based products or services that ADSC LMGC offers as part of or in furtherance of the Programme, providing such URL or domain name includes an identifier of the Territory. ADSC's web site LMGC’s website accessed through such domain name must also identify the Territory. ADSC LMGC may own any InterNIC Registration Rights therein in its sole discretion. 5.3 AMIH and ADSC LMGC agree to consider in good faith any incidents of actual confusion or circumstances giving rise to a reasonable apprehension of confusion between the operation of the Programme by ADSC LMGC and/or its sub-licensees of the AMIH Marks and the activities of AMIH and their respective Affiliates and/or licensees under the AMIH Marks which may come to the attention of either Party and the Party responsible for such incidents of confusion or circumstances shall take reasonable steps to ensure that similar confusion or potential confusion does not arise in the future. 5.4 Where ADSC LMGC becomes aware of a material or persistent breach, that materially affects the rights of AMIH, of the terms of any sub-license by a sub-licensee of the AMIH Marks appointed by ADSC LMGC and such breach continues for at least sixty (60) days after ADSC LMGC has given notice requiring the breach to be remedied ADSC LMGC shall by means of an escalating course of discipline culminating in termination assert the rights legally available to it to ensure compliance with the provisions of such sub-license agreement. 5.5 Where LMGC becomes aware of a challenge to the validity of, or entitlement of LMGC to use or license any of the AMIH Marks by a sub-licensee of the AMIH Marks appointed by LMGC, LMGC shall by means of an escalating course of discipline culminating in termination assert the rights legally available to it to ensure compliance with the provisions of such sub- licensee’s sub-license in relation to such AMIH Marks.

Use of the Marks. 5.1 ADSC LMGC shall be entitled to use any or all of the United States Canadian Marks including the words Air Miles as or as part of the Licensed Name(s) of ADSC LMGC or any of its Affiliates incorporated in the Territory provided that it is legally able to do so. 5.2 ADSC LMGC may use any URL featuring any or part of the United States Canadian Marks including the words Air Miles and may use a domain name featuring any or part of the United States Canadian Marks including the words Air Miles including for any Internet-based products or services that ADSC LMGC offers as part of or in furtherance of the Programme, providing such URL or domain name includes an identifier of the Territory. ADSCLMGC's web site website accessed through such domain name must also identify the Territory. ADSC LMGC may own any InterNIC InterNlC Registration Rights therein in its sole discretion. 5.3 AMIH and ADSC LMGC agree to consider in good faith any incidents of actual confusion or circumstances giving rise to a reasonable apprehension of confusion between the operation of the Programme by ADSC LMGC and/or its sub-licensees of the AMIH Marks and the activities of AMIH and their respective Affiliates and/or licensees under the AMIH Marks which may come to the attention of either Party and the Party responsible for such incidents of confusion or circumstances shall take reasonable steps to ensure that similar confusion or potential confusion does not arise in the future. 5.4 Where ADSC LMGC becomes aware of a material or persistent breach, that materially affects the rights of AMIH, of the terms of any sub-license by a sub-licensee of the AMIH Marks appointed by ADSC LMGC and such breach continues for at least sixty (60) days after ADSC LMGC has given notice requiring the breach to be remedied ADSC LMGC shall by means of an escalating course of discipline culminating in termination assert the rights legally available to it to ensure compliance with the provisions of such sub-license agreement.

Use of the Marks. 5.1 ADSC LMGC shall be entitled to use any or all of the United States Canadian Marks including the words Air Miles as or as part of the Licensed Name(s) of ADSC LMGC or any of its Affiliates incorporated in the Territory provided that it is legally able to do so. 5.2 ADSC LMGC may use any URL featuring any or part of the United States Canadian Marks including the words Air Miles and may use a domain name featuring any or part of the United States Canadian Marks including the words Air Miles including for any Internet-based products or services that ADSC LMGC offers as part of or in furtherance of the Programme, providing such URL or domain name includes an identifier of the Territory. ADSC's web site LMGC’s website accessed through such domain name must also identify the Territory. ADSC LMGC may own any InterNIC InterNlC Registration Rights therein in its sole discretion. 5.3 AMIH and ADSC LMGC agree to consider in good faith any incidents of actual confusion or circumstances giving rise to a reasonable apprehension of confusion between the operation of the Programme by ADSC LMGC and/or its sub-licensees of the AMIH Marks and the activities of AMIH and their respective Affiliates and/or licensees under the AMIH Marks which may come to the attention of either Party and the Party responsible for such incidents of confusion or circumstances shall take reasonable steps to ensure that similar confusion or potential confusion does not arise in the future. 5.4 Where ADSC LMGC becomes aware of a material or persistent breach, that materially affects the rights of AMIH, of the terms of any sub-license by a sub-licensee of the AMIH Marks appointed by ADSC LMGC and such breach continues for at least sixty (60) days after ADSC LMGC has given notice requiring the breach to be remedied ADSC LMGC shall by means of an escalating course of discipline culminating in termination assert the rights legally available to it to ensure compliance with the provisions of such sub-license agreement. 5.5 Where LMGC becomes aware of a challenge to the validity of, or entitlement of LMGC to use or license any of the AMIH Marks by a sub-licensee of the AMIH Marks appointed by LMGC, LMGC shall by means of an escalating course of discipline culminating in termination assert the rights legally available to it to ensure compliance with the provisions of such sub-licensee’s sub-license in relation to such AMIH Marks.