Copyright
The DebitWay.ca Marks
- Trademarks (registration pending or otherwise):
- DebitWay.ca
- DebitWay.ca logo
| TRADEMARK USAGE REQUIREMENTS |
Pursuant to the agreement, the following are the current usage requirements for the Contractor's display of the
DebitWay.ca Marks, as defined in the Agreement, and as owned by the Direct Commerce.
A. Appropriate Symbols and Legends
The DebitWay.ca Marks are not yet registered. Therefore, for the time being they should be designated with the "TM" label.
Upon becoming registered trademarks (following a written notice to this effect to Contractor) they must appear with
the "R" symbol placed on the right "shoulder" of any Mark (i.e., directly next to a Mark in the upper right). The symbol must
appear in every instance where a Mark appears in Logo form or outside of body text. The symbol must appear in at least the
first iteration of a Mark in body text but may be omitted for convenience in subsequent iterations in the same body text.
In addition to the above, the appropriate ownership legend must be included in the "legal notices" section of any materials in
which DebitWay.ca Marks are displayed. The legend must read as follows: "DebitWay.ca (for example)] is a registered trademark
of Direct Commerce." The legend is typically placed at the bottom of an ad or layout and may appear in small type, but must still
be legible.
B. Logo Design Usage
The contractor may display the DebitWay.ca Marks in logo design form in accordance with the guidelines set forth herein, any
additional logo guidelines provided by DebitWay.ca from time to time, and pursuant to all limitation set forth in the Agreement.
However, DebitWay.ca requires that the Contractor obtain only original digital or camera-ready artwork directly from DebitWay.ca.
No re-sampling or other attempted duplication is allowed and no alterations, modifications, cropping or additions to logos are
permitted. In all printed materials that involve any graphics and/or colour, when the DebitWay.ca Marks are presented in logo
form, they must be presented as supplied by DebitWay.ca the correct colours and format. The typefaces for the DebitWay.ca
Marks will always be only those typefaces supplied by the DebitWay.ca. Any logos should always be used as received from Direct
Commerce. Original logo art supplied by DebitWay.ca can be enlarged or reduced in size, but must be done in exact proportion to
the original height and width.
When any logo design is used, no other mark will be inside of, touching, or in any way a part of, the logo. Any logo must always
appear by itself. In the case of the DebitWay.ca logo, for instance, the filled in box "DebitWay.ca" will not be "violated" or touched
by any other text or graphics in any way and there must be a border of space of at least 20 percent of the total height of the bar/band
(or of any logo) surrounding the logo on all sides in every instance where a logo appears.
Please contact DebitWay.ca to obtain a digital GIF file or other camera-ready copy.
C. No Similar DebitWay.ca Marks
The Contractor may not adopt, use or register any other DebitWay.ca Marks that appear to be related to or are similar to the
DebitWay.ca Marks. Any new DebitWay.ca Marks created or adopted by company, if such Marks are for products or services
marketed in the same general trade channels as the DebitWay.ca Products, must be pre-approved in writing by the Authorized
representative of DebitWay.ca.
D. Additional Restrictions
The permission to display the DebitWay.ca Marks is a non-exclusive, non-transferable, non-assignable permission that extends
only to Canada, only for the purpose of the activities contemplated under the Agreement, an only for the Term of the Agreement.
The Contractor is not permitted to use the DebitWay.ca Marks to disparage DebitWay.ca its products, or services, or for
promotional goods (like shirts, pens, etc.) or in any way which, in DebitWay.ca reasonable judgment, may diminish or otherwise
damage DebitWay.ca goodwill in the DebitWay.ca Marks, including but not limited to uses that could be deemed to be obscene,
violent or otherwise in poor taste or unlawful, or which purpose is to encourage unlawful activities DebitWay.ca reserves the right to
object to unfair uses or misuses of the DebitWay.ca Marks or other violations of applicable law.
Nothing in the Agreement or this Usage Requirement document gives the Contractor any right, title or interest in the DebitWay.ca
Marks, as defined, or any other DebitWay.ca-owned Mark. The Contractor acknowledges Direct Commerce ownership of the DebitWay.ca
Marks, and any display by the Contractor of the DebitWay.ca Marks will inure to the sole benefit of DebitWay.ca. The Contractor also
acknowledges and agrees not to attack the ownership of, nor to use, register, or attempt to register, the DebitWay.ca Marks or any other
DebitWay.ca-owned Marks, nor to use or register any Marks that would cause confusion, or be likely to cause confusion, with the
DebitWay.ca Marks is subject to approval by DebitWay.ca of the Contractor's use prior to any release or publication of advertising,
promotion or packaging, which approval can be withheld, and the Contractor's strict adherence to the guidelines contained herein.
All rights not expressly granted in the Agreement are reserved by DebitWay.ca.
These trademark usage guidelines may be amended by the Contractor in writing from time to time.
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