Mark License; Network Decals. a) For the duration of this Agreement, Fiserv grants the Company a revocable, royalty free, non-exclusive, limited license that cannot be assigned, transferred, or further sublicensed, to use the Networks’ trademarks and service marks (together, Protected Marks) in the Territory, according to the applicable Network Rules. This license does not grant the Company any other intellectual property right, title, interest, or claim (express or implied, by estoppel, or otherwise) to the Protected Marks. The Company will not take any action that impairs an owner’s intellectual property rights in its Protected Marks. Save for the limited license granted under this clause, nothing in this Agreement shall be interpreted as granting to the Company a license to use Fiserv’s intellectual property. b) The Company will discontinue use of the Networks’ decals, promotional, or other materials after termination of this Agreement. The Company will not indicate that its products or services are endorsed by any of the Networks. The Company shall promptly notify Fiserv of any infringement or threatened infringement, or of any challenges to the validity or ownership of any of Fiserv’s intellectual property, and the Company will provide reasonable assistance to ▇▇▇▇▇▇, at Fiserv’s reasonable expense, in connection with ▇▇▇▇▇▇’s defence to such challenges. c) Save for the limited license granted under clause 1.11a, nothing in this Agreement shall be interpreted as granting to the Company a license to use Fiserv's intellectual property. The Company shall promptly notify Fiserv of any infringement or threatened infringement or of any challenges to the validity or ownership of any of Fiserv's intellectual property and the Company will provide reasonable assistance to Fiserv, at Fiserv's reasonable expense, in connection with Fiserv's defence to such challenges. d) Fiserv may include the Company's name, description and hyperlinks to the Company's website, on Fiserv's website and other marketing material. e) The Company will display prominently at the point of sale notice to inform Cardholders as to: i. to the relevant payment methods (including relevant Networks and Additional Card Networks) it accepts; ii. the available channel for the Cardholder to lodge complaints, including on surcharging and minimum transaction amount practices; and iii. where the Company has received an exemption allowing them to surcharge or impose a minimum transaction amount, the Company’s surcharging and minimum transaction amount practices, and applicable exemption for it.
Appears in 1 contract
Sources: Merchant Agreement
Mark License; Network Decals.
a) For the duration of this Agreement, Fiserv grants the Company a revocable, royalty free, non-exclusive, limited license that cannot be assigned, transferred, or further sublicensed, to use the Networks’ trademarks and service marks (together, Protected Marks) in the Territory, according to the applicable Network Rules. This license does not grant the Company any other intellectual property right, title, interest, or claim (express or implied, by estoppel, or otherwise) to the Protected Marks. The Company will not take any action that impairs an owner’s intellectual property rights in its Protected Marks. Save for the limited license granted under this clause, nothing in this Agreement shall be interpreted as granting to the Company a license to use Fiserv’s 's intellectual property.
b) The Company will discontinue use of the Networks’ decals, promotional, or other materials after termination of this Agreement. The Company will not indicate that its products or services are endorsed by any of the Networks. The Company shall promptly notify Fiserv of any infringement or threatened infringement, or of any challenges to the validity or ownership of any of Fiserv’s 's intellectual property, and the Company will provide reasonable assistance to ▇▇▇▇▇▇Fiserv, at Fiserv’s 's reasonable expense, in connection with ▇▇▇▇▇▇’s 's defence to such challenges.
c) Save for the limited license granted under clause 1.11a1.11, nothing in this Agreement shall be interpreted as granting to the Company a license to use Fiserv's intellectual property. The Company shall promptly notify Fiserv of any infringement or threatened infringement or of any challenges to the validity or ownership of any of Fiserv's intellectual property and the Company will provide reasonable assistance to Fiserv, at Fiserv's reasonable expense, in connection with Fiserv's defence to such challenges.
d) Fiserv may include the Company's name, description and hyperlinks to the Company's website, on Fiserv's website and other marketing material.
e) The Company will display prominently at the point of sale notice to inform Cardholders as to:
i. to the relevant payment methods (including relevant Networks and Additional Card Networks) it accepts;
ii. the available channel for the Cardholder to lodge complaints, including on surcharging and minimum transaction amount practices; and
iii. where the Company has received an exemption allowing them to surcharge or impose a minimum transaction amount, the Company’s surcharging and minimum transaction amount practices, and applicable exemption for it.
Appears in 1 contract
Sources: Merchant Agreement