United Marks definition

United Marks shall have the meaning set forth in the recitals of this Agreement.

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United Marks is defined in Exhibit G.

United Marks means the trademarks and logos of United ------------ reasonably necessary for use by Netcentives in connection with the promotion of the Mileage Plus Program within the Netcentives Program, including without limitation, the United logo, the Mileage Plus logo, and the terms United Airlines and Mileage Plus.

Examples of United Marks in a sentence

• Contractor shall report to United any infringement or imitation of, or challenge to, the United Marks and other Identification, immediately upon becoming aware of same.

• The fact that Contractor’s operations are conducted under United Marks and listed under the flight code designated by United will not affect their status as flights operated by Contractor for purposes of this Agreement or any other agreement between the parties, and Contractor and United agree to advise all third parties, including passengers, of this fact.

• All use by Contractor of the United Marks and the other Identification shall inure to the benefit of United.

• United at its sole expense shall take all steps that in its opinion and sole discretion are necessary and desirable to protect the United Marks and other Identification against any infringement or dilution.

• United hereby grants to Contractor, and Contractor accepts, a non- exclusive, personal, non-transferable, royalty-free right and license to adopt and use the United Marks and other Identification in connection with the rendering by Contractor of Regional Airline Services, subject to the conditions and restrictions set forth herein.

• Contractor shall not be entitled to bring, or compel United to bring, an action or other legal proceedings on account of any infringements, imitations, or challenges to any element of the United Marks and other Identification without the written agreement of United.

• Contractor agrees to cooperate fully with United in the defense and protection of the United Marks and other Identification as reasonably requested by United.

• Under no circumstances will Contractor be permitted to operate aircraft bearing the United Marks in city pairs other than those marks specified by United pursuant to Section 4.08, without the prior written consent of United.

• Nothing in this Agreement shall give Contractor any right, title, or interest in the United Marks or the other Identification other than right to use the United Marks and the other Identification in accordance with the terms of this Agreement.

• No term or provision of this Agreement shall be construed to preclude the use of the United Marks or other Identification by other persons or for similar or other uses not covered by this Agreement.

More Definitions of United Marks

United Marks is defined in Exhibit E.

United Marks shall have the meaning set forth in the recitals of this Agreement. L. “Pass Through Cost” means those type and categories of costs deemed not to be within the control of Contractor, as specified in Appendix E. M. “Rates” shall have the meanings set forth in Article VIII. N. “Related Agreements” shall have the meaning set forth in Article XXX O. “Revenue Passenger” means each passenger traveling on Contractor in connection with Contractor’s United Express Services who holds a ticket (electronic or otherwise), flight coupon, voucher or other form of document that (i) entitles that passenger to board an aircraft and (ii) is issued pursuant to or in connection with a published or unpublished fare. Passengers traveling on a purchased ticket (including ID50 airline industry reduced rate tickets), wholesaler voucher, or voucher issued as denied boarding compensation, shall be considered to be Revenue Passengers. In addition, passengers traveling on a free ticket as (or as part of) a Mileage PlusÒ award or a free ticket issued in conjunction with a two-for-one fare or other similar fare established by United, shall be considered to be Revenue Passengers. A passenger traveling on any other type of free or service charge-based ticket, including, but not limited to, a site inspection ticket, or wholesaler compensation ticket, any travel agent or wholesaler traveling on a positive space or space available ticket, and any employee of United, Contractor or any other carrier traveling on either a positive space or space available ticket, shall not be considered a Revenue Passenger. All Revenue Passengers shall be considered when calculating any Monthly Incentive Payment. P. “Support Services” means those activities set forth in Article III which are related to the operation of airline services except during flight. Q. “Termination Date” shall mean, with respect to the Article II specified aircraft types and ground operations, the applicable expiration, removal, or cancellation dates set forth in Article II. R. “United Express Best Practice Operating Performance” means for each of the four operating performance metrics outlined in Article VIII.C, the simple average of the calendar year’s twelve operating performance levels (or results) generated by using the best operating performance attained (whether “best” is the highest or the lowest, as applicable) for each performance metric of all United Express Carriers in each month. S. “United Express Carrier” means an air carr...