Common use of Marks and Intellectual Property Clause in Contracts

Marks and Intellectual Property. 9.1. Sponsored Merchant shall display the Payment Networks’ respective logos, marks, advertising and promotional materials only in accordance with the Operating Rules and cease displaying such logos, marks, advertising and promotional materials in accordance with the Operating Rules, including upon termination of this Agreement or at the direction of any Payment Network. Sponsored Merchant acknowledges that all such logos, marks, advertising and promotional materials used by any Payment Network are the sole and exclusive property of such Payment Network, which ownership Sponsored Merchant agrees not to challenge, and that such Payment Network may prohibit Sponsored Merchant’s use thereof at any time and for any reason, with or without notice. Further, from time to time, Payment Facilitator may provide Sponsored Merchant with materials that include Payment Facilitator’s name, logo, trademarks, and/or service marks. Sponsored Merchant shall only use such materials as expressly permitted by Payment Facilitator, and shall return to Payment Facilitator such materials upon the termination of this Agreement for any reason or upon Payment Facilitator’s earlier request at any time. Sponsored Merchant shall not at any time represent, directly or by implication, that its goods or services are endorsed, sponsored, or guaranteed by Acquirer or any Payment Network. This Agreement shall not confer on Sponsored Merchant any license or proprietary rights regarding any patent, trademark, copyright, trade secret, and/or intellectual property of Acquirer or any Payment Network. 9.2. Acquirer may require any changes to Sponsored Merchant’s website or otherwise that Payment Facilitator deems necessary or appropriate to ensure that Sponsored Merchant remains in compliance with the Operating Rules governing the use of the intellectual property described in Section 9.1. 9.3. All of Payment Facilitator’s computer programs, trademarks, service marks, patents, copyrights, trade secrets, know-how, and other proprietary rights in or related to the Services are and will remain the sole and exclusive property of the Payment Facilitator. Payment Facilitator shall own all rights, title, and interest, including all intellectual property rights, in and to any refinements or improvements to the same, even when such refinements or improvements result from Sponsored Merchant’s request.

Marks and Intellectual Property. 9.18.1. Sponsored Merchant shall display the Payment Networks’ respective logos, marks, advertising and promotional materials only in accordance with the Operating Rules and cease displaying such logos, marks, advertising and promotional materials in accordance with the Operating Rules, including upon termination of this Agreement or at the direction of any Payment Network. Sponsored Merchant acknowledges that all such logos, marks, advertising and promotional materials used by any Payment Network are the sole and exclusive property of such Payment Network, which ownership Sponsored Merchant agrees not to challenge, and that such Payment Network may prohibit Sponsored Merchant’s use thereof at any time and for any reason, with or without notice. Further, from time to time, Payment Facilitator may provide Sponsored Merchant with materials that include Payment Facilitator’s name, logo, trademarks, and/or service marks. Sponsored Merchant shall only use such materials as expressly permitted by Payment Facilitator, and shall return to Payment Facilitator such materials upon the termination of this Agreement for any reason or upon Payment Facilitator’s earlier request at any time. Sponsored Merchant shall not at any time represent, directly or by implication, that its goods or services are endorsed, sponsored, or guaranteed by Acquirer or any Payment Network. This Agreement shall not confer on Sponsored Merchant any license or proprietary rights regarding any patent, trademark, copyright, trade secret, and/or intellectual property of Acquirer or any Payment Network. 9.28.2. Acquirer may require any changes to Sponsored Merchant’s website or otherwise that Payment Facilitator deems necessary or appropriate to ensure that Sponsored Merchant remains in compliance with the Operating Rules governing the use of the intellectual property described in Section 9.1. 9.38.3. All of Payment Facilitator’s computer programs, trademarks, service marks, patents, copyrights, trade secrets, know-how, and other proprietary rights in or related to the Services are and will remain the sole and exclusive property of the Payment Facilitator. Payment Facilitator shall own all rights, title, and interest, including all intellectual property rights, in and to any refinements or improvements to the same, even when such refinements or improvements result from Sponsored Merchant’s request.

Marks and Intellectual Property. 9.18.1. Sponsored Merchant shall display the Payment Networks’ respective logos, marks, advertising and promotional materials only in accordance with the Operating Rules and cease displaying such logos, marks, advertising and promotional materials in accordance with the Operating Rules, including upon termination of this Agreement or at the direction of any Payment Network. Sponsored Merchant acknowledges that all such logos, marks, advertising and promotional materials used by any Payment Network are the sole and exclusive property of such Payment Network, which ownership Sponsored Merchant agrees not to challenge, and that such Payment Network may prohibit Sponsored Merchant’s use thereof at any time and for any reason, with or without notice. Further, from time to time, Payment Facilitator may provide Sponsored Merchant with materials that include Payment Facilitator’s name, logo, trademarks, and/or service marks. Sponsored Merchant shall only use such materials as expressly permitted by Payment Facilitator, and shall return to Payment Facilitator such materials upon the termination of this Agreement for any reason or upon Payment Facilitator’s earlier request at any time. Sponsored Merchant shall not at any time represent, directly or by implication, that its goods or services are endorsed, sponsored, or guaranteed by Acquirer or any Payment Network. This Agreement shall not confer on Sponsored Merchant any license or proprietary rights regarding any patent, trademark, copyright, trade secret, and/or intellectual property of Acquirer or any Payment Network. 9.28.2. Acquirer may require any changes to Sponsored Merchant’s website or otherwise that Payment Facilitator deems necessary or appropriate to ensure that Sponsored Merchant remains in compliance with the Operating Rules governing the use of the intellectual property described in Section 9.18.1. 9.38.3. All of Payment Facilitator’s computer programs, trademarks, service marks, patents, copyrights, trade secrets, know-how, and other proprietary rights in or related to the Services are and will remain the sole and exclusive property of the Payment Facilitator. Payment Facilitator shall own all rights, title, and interest, including all intellectual property rights, in and to any refinements or improvements to the same, even when such refinements or improvements result from Sponsored Merchant’s request.