(MEMBER NAME) is a proud member of the “Builders Association of the Twin Cities”
Other marks may only be used when Member is participating in the specific event for such Mark (all Parade of HomesSM events, service-marked awards, the BATC Foundation, and Minnesota’s Green PathSM), and when adhering to the requirements in this Agreement. The BATC holds over 100 state and federal service marks
(“Marks”). Actual Marks and formats will be provided upon Member’s entry to the applicable event.
2. Usage Guidelines.
Member is not required to use any of the Marks. If Member does use any of the Marks, Member agrees to:
- Use the SM or ® designation as directed by the BATC (for example, the Parade of HomesSM or Remodelers Showcase®) each time Member uses any of the Marks.
- Include the following notice at the bottom of all printed material: “The______ (insert the Mark you used, for example Parade of Homes Spring PreviewSM) is a service mark of the Builders Association of the Twin Cities and is used with permission.” Where the Member’s printed material contains more than one page and a Mark appears on more than one page, the notice shall be placed at the bottom of the page where the Mark first appears. If more than one Mark is used (for example, Parade of HomesSM and Parade of Homes Spring PreviewSM) the notice shall list all Marks used and shall appear at the bottom of the page where a Mark first appears.
- Not use any Mark in a manner which suggests that Member owns the Mark or is sponsoring the Parade of HomesSM or Remodelers Showcase® event. For example, it is a violation of this Agreement to state, “ABC Builders Parade of HomesSM.” It is also a violation to state, “During our Remodelers Showcase®.”
- Include in any television or radio advertisement, the statement that: “The______ (insert the Mark you used, for example: Parade of Homes Spring PreviewSM or Remodelers Showcase® or Parade of HomesSM) is a service mark of the Builders Association of the Twin Cities and is used with permission.”
- Not alter the Marks, which are provided in camera-ready format by the BATC. The Marks must be used exactly as provided by the BATC. The SM designation must be used with the Marks.
- Not abbreviate or use a shortened version of any of the Marks. For example, do not shorten Parade of HomesSM to “Parade” or the Remodelers Showcase® to “Showcase.”
- Not use the Marks in connection with an event in which Member is not participating. For example, a member who is not participating in a Parade of HomesSM event shall not use the Parade of HomesSM Marks in connection with that event.
Member agrees to cooperate with the BATC by providing, upon request, true and correct copies of all materials which contain any of the Marks. The BATC reserves the right to revise this Agreement provided that no revision will be retroactive and Member will have thirty (30) days within which to comply with any revisions. Use by Member of any of the Marks after expiration of the 30-day period will constitute Member's agreement to the revised License Agreement.
4. Termination and Remedies.
- BATC may terminate this Agreement for any reason upon thirty (30) days’ written notice to Member. The BATC may immediately terminate this Agreement in the event of Member's breach of any of the provisions of this Agreement, or if the BATC reasonably believes that the Member's use of the Marks would infringe upon the rights of any third party.
- Member acknowledges that the breach of this Agreement and/or any infringement of the BATC's Marks will result in irreparable harm to the BATC. Member stipulates and agrees that, in the event of Member's violation of this Agreement, a permanent injunction against Member's use of the Marks may be entered.
- Member grants to the BATC the right, but not the obligation, to revise and correct any materials submitted by Member to the BATC for publication to comply with the terms of this Agreement.
- The remedies outlined in this Agreement are not exclusive. Member agrees that the BATC shall be entitled to all remedies available at law or in equity for breach of this Agreement or infringement of the Marks.
- The BATC shall be entitled to collect from Member the attorneys’ fees, costs and disbursements the BATC incurs in connection with the enforcement of this Agreement or the protection of its Marks from infringement by Member. The termination of this Agreement shall not restrict or affect the remedies available to the BATC and the provisions of this Section and Sections 5 and 6 shall continue in full force and effect following termination.
5. Representations, Warranties, Limitations of Liability.
- The BATC represents and warrants that Member's use of the Marks within the Twin Cities metropolitan area does not infringe the intellectual property rights of any other party.
- Subject to the limitation set forth in a subsection (C) below, the BATC agrees to indemnify, defend, and hold Member harmless form and against any and all damages incurred by Member in connection with any breach of the representation and warranty set forth in a subsection (A) above, provided that Members (i) notify the BATC promptly (within five (5) business days) in writing of such infringement claim (ii) allow the BATC to have sole control over its defense and settlement, and (iii) Member provides reasonable assistance to the BATC in connection with defending such claim. Following notice of an infringement claim, the BATC may, at its option, provide Member with substitute Marks for use by Member, obtain a license for Member to continue using the Marks, or terminate the license granted to Member. THIS SUBSECTION (B) SETS FORTH THE SOLE REMEDIES AVAILABLE TO YOU IN CONNECTION WITH THE REPRESENTATION AND WARRANTY OF SUBSECTION (A) ABOVE.
- THE BATC MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OF THE MARKS. IN NO EVENT SHALL THE BATC BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING LOSS OF BUSINESS PROFITS) ARISING FROM OR RELATED TO MEMBER'S USE OF THE MARKS, EVEN IF THE BATC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Member agrees not to assign, transfer or sublicense this license, and any attempt to do so shall be void.
- Member acknowledges that the Marks are the property of the BATC and that Member does not have any right, title or interest in or to the Marks except for the license expressly granted herein. Member agrees that it will not, directly or indirectly, challenge or assist others in challenging the BATC's rights in and to the Marks.
- Member agrees not to apply for or seek to obtain any trademark or service mark rights in any Marks, any depiction thereof, or anything confusingly similar thereto. Without limiting the generality of the scope of the license granted above, Member agrees not to use the Marks, or any word, symbol, or design which is confusingly similar thereto, except as according to this Agreement.
- Member agrees to act in a manner intended to protect and preserve the goodwill and image associated with the Marks, and not to harm, misuse or bring into disrepute the Marks, or the goods and services that the BATC offers under the Marks.
7. General Terms.
No term or condition of this Agreement may be waived at any time unless in writing signed by the party that is entitled to the benefit thereof. No waiver will be deemed to be or construed as a waiver of the same or any other term or condition of this Agreement on any future occasion. Neither party will be construed to make any party an agent, employee or legal representative of any other party and no party has the right to act on behalf of or bind any other party.
By requesting logos above you represent that you are over 18 years of age and fully authorized and empowered to enter into this Agreement and that you have authority to enter into and execute this Agreement on behalf of the Member.