Maxogram Marks Usage Agreement

Last Updated: October 24, 2017

This Maxogram Marks Usage Agreement (“Agreement”) sets out the legal terms governing your ability to use the Maxogram name, logo, and other registered or unregistered Maxogram trademarks and service marks owned by Maxogram and its affiliates (“Maxogram Marks”) to let your customers know that Maxogram (“we”, “us”, “our”) provides services for your business. A list of the Maxogram Marks available for use can be found on our Logos and Resources. Your use of services provided by Maxogram is governed by the Maxogram Services Agreement (“Services Agreement”), and terms used but not defined in this Agreement have the meanings given in the Services Agreement.

You may not use any Maxogram Marks without having agreed to abide by all of the terms and conditions in this Agreement, and unless you do so in accordance with this Agreement.

1. Permission to Use Maxogram Marks

Maxogram Marks are important assets of Maxogram’s business and are protected by Canadian and international laws. You are licensed to use the Maxogram Marks as described in this Agreement on a non-exclusive, non-transferable basis on websites, marketing or print materials, or applications that utilize the Services (as defined in the Services Agreement). However, your use is subject to the terms set out in this Agreement, and we may terminate your license via (i) our absolute ability to supervise, monitor, and revoke your license at any time and at our discretion, or (ii) your non-use or cancellation of the Services. Upon termination of the license, you agree to promptly remove any Maxogram Marks from any websites, marketing or print materials, or applications, or other material within a reasonable time.

2. Proper Use of Maxogram Marks

Proper Use: You may only use the Maxogram Marks on the portion of your website, marketing or print material, or application that directly relates to the Services, such as an image utilizing our marketing service. All Maxogram Marks should directly link to our homepage at maxogram.com. Where only the Maxogram name or logo is used, as opposed to the “Powered by Maxogram” or “Connect with Maxogram” logos, we ask that you provide proper trademark attribution crediting ownership of the Maxogram Marks to us, such as:

The Maxogram name and logos are trademarks or service marks of Maxogram Media Inc. or its affiliates in Canada and other countries. Other names may be trademarks of their respective owners.

Brand Guidelines: We may also provide you with style or usage guidelines describing such things as size, color, or relative placement of Maxogram Marks. You may only use the Maxogram Marks consistent with those guidelines except where we expressly agree otherwise with you in writing. You will update your use of the Maxogram Marks to conform to changes in the guidelines within a reasonable time after we provide you notice of the change.

Attribution: The TM or SM Symbol should be prominently displayed in conjunction with any Maxogram Mark being used, unless otherwise directed by us to use the ® symbol. All Maxogram Marks used should directly hyperlink to the Maxogram home page located at maxogram.com.

3. Impermissible Uses of Maxogram Marks

You may not display, copy, modify, transmit or otherwise use the Maxogram Marks except as described in this Agreement, the guidelines, or otherwise agreed in writing by Maxogram. You may not use the Maxogram Marks to show Maxogram or the Services in any disparaging or derogatory light, or in any way that may be damaging to our brand or to our interests in the Maxogram Marks.

You may not use the Maxogram Marks to imply endorsement by Maxogram of your products or services, or in a manner that causes customer confusion. You may not misrepresent your relationship with Maxogram, or use the Maxogram Marks in any manner that is misleading. In addition to any other right that we may have to enforce the terms of this Agreement, you must promptly comply with any request that we make for you to cease a use of the Maxogram Marks that we determine is non-compliant with this paragraph.

In addition to protecting the Maxogram Marks, it is important to us that you maintain an independent brand. Even where use of Maxogram Marks is permitted, we suggest that you prominently use your own marks in a manner that makes your brand or any other descriptor of your goods/services clearly distinguishable from that of Maxogram’s. For example, “Foo is powered by Maxogram” is acceptable and emphasize your brand; but “Maxogram Analytics”, “Maxogram for Platforms”, or “Maxogramlytics” are unacceptable and emphasize the Maxogram Marks. You may not use the Maxogram Marks or any confusingly similar name or trademark with your product, service, company, or domain name. For instance, you may not use names like “Maxogram Business Services”, “Maxogram for Platforms” or domains like “getmaxogram.com.”

4. No Warranties

As part of this Agreement, we do not make any representations regarding your use of Maxogram Marks. We disclaim all warranties, express and implied, including any warranties of non-infringement.

5. Contacting Us

If you have any questions about this Agreement, please don’t hesitate to contact us.

6. Other Legal Provisions

Except as otherwise agreed upon in writing between you and us, this Agreement is the entire agreement between you and us regarding your use of the Maxogram Marks. We may terminate this Agreement at any time upon notice to you. You may not transfer this Agreement to any third party. This Agreement is governed by the laws and dispute provisions specified in the Services Agreement, which are incorporated into this Agreement by reference. If any provision or portion of this Agreement is held to be invalid or unenforceable, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.