Bank Marks Clause Samples

Bank Marks. Dealer/Contractor recognizes that Bank is the sole owner of all trademarks, service marks, or names owned by Bank or licensed (and capable of being sublicensed) to Bank used in connection with the Program (the “Bank Marks”), that Dealer/Contractor has no rights of ownership or license therein, and that Dealer/Contractor is not entitled to (and shall not) use the Bank Marks other than as explicitly and specifically provided in this Agreement. As a point of clarification, Bank has and retains all rights in and to Bank Marks and the use thereof, and all goodwill associated with the use of Bank Marks (whether under this Agreement or otherwise) shall inure to the benefit of Bank. Bank shall have the right, in its sole and absolute discretion, to prohibit the use of any Bank Marks materials or references proposed to be used by Dealer/Contractor which Bank in its reasonable business judgment deems objectionable or improper. Dealer/Contractor shall cease all use of Bank Marks upon the termination of this Agreement for any reason, or upon request from Bank.
Bank Marks. COMENITY CAPITAL BANK ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. Virgin America® word ▇▇▇▇ and trade name U.S. Reg. No. 3541731 Elevate® word ▇▇▇▇ U.S. Reg. No. 3998413 ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
Bank Marks. Bank has the legal right to use and to permit Retailer to use, to the extent set forth herein, the Bank Marks.
Bank Marks. (a) Subject to the terms and conditions of this Agreement (including this Section 5.3), Bank hereby grants to Company a limited, non-exclusive, non-transferable (except as provided in Section 10.4), revocable license to use the Bank Marks set forth in Schedule 5.2(a) in the United States during the Term in the creation, development, marketing, and administration of the Plan, with no right to sublicense except as expressly provided herein. Subject to the terms and conditions of this Agreement (including this Section 5.3), the foregoing license includes use of the Bank Marks in Plan-related promotional materials, advertising, websites, apps, marketing and solicitations. Company agrees that all use of the Bank Marks, and all goodwill arising out of such use (whether under this Agreement or otherwise) shall inure to the sole benefit of Bank and its Affiliates. (b) Company’s right to use the Bank Marks under this Agreement shall be subject to the following conditions and restrictions (i) All use of the Bank Marks shall conform to standards reasonably set by Bank and communicated to Company from time to time unless otherwise agreed to by Bank in advance in writing. (ii) Company shall not adopt or use, without Bank’s prior written consent, any variation of the Bank Marks or any other trade name, trademark, service ▇▇▇▇ or logo of Bank or its Affiliates, or any word or ▇▇▇▇ similar to or likely to be confused with the same, nor shall Company do anything or commit any act which might materially prejudice or adversely affect the validity of the Bank Marks or any other trade name, trademark, service ▇▇▇▇ or logo of Bank or its Affiliates, Bank’s or its Affiliates’ ownership or exploitation thereof, or the goodwill associated therewith. (c) Upon the expiration or termination of this Agreement, the license set forth in this Section 5.3 shall automatically terminate, and Company and its sublicensees shall immediately cease all use of the Bank Marks; provided, that Bank grants Company a limited, non-exclusive, non-transferable, revocable license, with no right to sublicense except as expressly provided herein, to use the Bank Marks in the United States (i) during the Soft Landing Period in the marketing and administration of the Plan, (ii) for a period of thirty (30) days immediately after the Soft Landing Period solely to the extent necessary to administer the then-remaining Accounts. (d) Company shall have no right to sub-license the rights granted under Section 5.3(a)...
Bank Marks. Bank hereby grants to Company, during the Term of this Agreement and the Wind-Down Period, a non-exclusive, non-assignable license to use Bank’s name and Marks in the forms and formats approved by Bank to perform Company’s obligations under this Agreement. Bank represents and warrants to Company that Bank has the power and authority to provide the authorization herein granted. It is expressly agreed that Company is not acquiring any right, title or interest in the name or any Marks or marketing designs of Bank, all of which shall be the property of Bank. Company shall make no use of Marks or marketing designs of Bank without Bank’s prior written consent, except as specifically authorized in this Section 13.1.
Bank Marks. Subject to the terms and conditions set forth herein, Bank hereby grants to Retailer a non-exclusive, non-transferable, non-sublicensable (except as set forth below) right and license to use Bank ▇▇▇▇(s) owned by Bank and its Affiliates set forth in Schedule 5.2.1 solely as and to the extent necessary to (i) prepare and print Program Documents (including on the internet), in each case in connection with the Program and in accordance with the terms of this Agreement, (ii) otherwise carry out Retailer’s responsibilities hereunder, and (iii) authorize others to do any of the foregoing on Retailer’s behalf solely in connection with the Program (the “Bank License”). Retailer shall use the trademark designations “®” or “TM” or such other designation as Bank may specify or approve in connection with Bank Marks on Program Documents and promotional materials. Subject to Applicable Law, Bank shall not place Bank Marks on the front of Credit Cards.
Bank Marks. Dealer recognizes that Bank is the sole owner of all trademarks, service marks, or names owned by Bank or licensed (and capable of being sublicensed) to Bank used in connection with the Program (the “Bank Marks”), that Dealer has no rights of ownership or license therein, and that Dealer is not entitled to (and shall not) use the Bank Marks other than as explicitly and specifically provided in this Agreement. As a point of clarification, Bank has and retains all rights in and to Bank Marks and the use thereof, and all goodwill associated with the use of Bank Marks (whether under this Agreement or otherwise) shall inure to the benefit of Bank. Bank shall have the right, in its sole and absolute discretion, to prohibit the use of any Bank Marks materials or references proposed to be used by Dealer which Bank in its reasonable business judgment deems objectionable or improper. Dealer shall cease all use of Bank Marks upon the termination of this Agreement for any reason, or upon request from Bank.
Bank Marks. Jeweler recognizes that Bank is the sole owner of all trademarks, service marks, or names owned by Bank or licensed (and capable of being sublicensed) to Bank used in connection with the Program (the “Bank Marks”), that Jeweler has no rights of ownership or license therein, and that Jeweler is not entitled to (and shall not) use the Bank Marks other than as explicitly and specifically provided in this Agreement. As a point of clarification, Bank has and retains all rights in and to Bank Marks and the use thereof, and all goodwill associated with the use of Bank Marks (whether under this Agreement or otherwise) shall inure to the benefit of Bank. Bank shall have the right, in its sole and absolute discretion, to prohibit the use of any Bank Marks materials or references proposed to be used by Jeweler which Bank in its reasonable business judgment deems objectionable or improper. Jeweler shall cease all use of Bank Marks upon the termination of this Agreement for any reason.

Related to Bank Marks

  • Trade Marks Any trade-▇▇▇▇ adopted or used in association with wares or services which are or may be subject to the provisions of Article 14 shall be owned by the persons who, pursuant to this Article, are the owners of the patent, copyright or other intellectual property in question.

  • Product Trademarks BMS shall be solely responsible for the selection (including the creation, searching and clearing), registration, maintenance, policing and enforcement of all trademarks developed for use in connection with the marketing, sale or distribution of Products in the Field in the Territory (the “Product Marks”). BMS shall own all Product Marks, and all trademark registrations for said marks.

  • Service Marks BlueCross BlueShield of Western New York is an independent corporation organized under the New York Insurance Law. BlueCross BlueShield of Western New York also operates under licenses with the BlueCross BlueShield Association, which licenses BlueCross BlueShield of Western New York to use the BlueCross BlueShield service marks in a portion of New York State. BlueCross BlueShield of Western New York does not act as an agent of the BlueCross BlueShield Association. BlueCross BlueShield of Western New York is solely responsible for the obligations created under this agreement.

  • Trade Names and Trademarks No Issuer Entity may use any company name, trade name, trademark or service ▇▇▇▇ or logo of Ameriprise or any person or entity controlling, controlled by, or under common control with Ameriprise without Ameriprise’s prior written consent.

  • Proprietary Marks A. GNC represents with respect to the Proprietary Marks that GNC has the right to use and to license others to use the Proprietary Marks and that the use thereof by Rite Aid in the operation of the Business in accordance with this Agreement will not violate any agreement to which GNC or any licensor to Rite Aid is a party or may be bound and will not infringe upon the rights of any third party. B. With respect to Rite Aid's use of the Proprietary Marks pursuant to this Agreement, Rite Aid agrees that: (1) In the operation of the Business, Rite Aid shall use the Proprietary Marks only in the manner authorized and permitted by this Agreement and such other uniform Proprietary Mark Standards as required from time to time. Any unauthorized use t▇▇▇▇of shall constitute an infringement of GNC's rights. GNC acknowledges that in the operation and promotion of its Stores and business generally Rite Aid will use its proprietary marks and those of the third parties. (2) Rite Aid shall execute any documents deemed necessary by GNC or its counsel to disclaim any interest in the Proprietary Marks other than the license granted to it in this Agreement. (3) Rite Aid shall not use the Proprietary Marks in its corporate name or any fictitious name. (4) Rite Aid shall not directly or indirectly contest the validity or other ownership of the Proprietary Marks. (5) In the event that litigation involving the Proprietary Marks is instituted or threatened against Rite Aid, Rite Aid shall promptly notify GNC of such litigation. C. Rite Aid expressly understands and acknowledges that: (1) As between the parties hereto, GNC has the exclusive right and interest in and to the Proprietary Marks and the goodwill associated with and symbolized by them and that Rite Aid has only the license granted to it in this Agreement. (2) Rite Aid's use of the Proprietary Marks pursuant to this Agreement does not give Rite Aid any ownership interest or other interest in or to such marks and all goodwill arising from Rite Aid's use of the Proprietary Marks in its operation of the Business shall inure solely and exclusively to GNC's benefit and, upon expiration or termination of this Agreement and the license herein granted, no monetary amount shall be assigned as attributable to any goodwill associated with Rite Aid's use of the System or the Proprietary Marks. (3) Except as may be specifically provided elsewhere in this Agreement, the right and license of the Proprietary Marks granted hereunder to Rite Aid is non-exclusive and GNC thus has and retains the following rights, among others: (a) To grant other licenses for the Proprietary Marks; and (b) To use the Proprietary Marks in connection with selling products and services at locations outside of the Protected Territory to the extent permitted in this Agreement.