Explain various terms in contract of Branding.
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Answer:
Introduction
These Terms and Conditions for Marketing and Branding (“Marketing and Branding Terms”), as applicable from time to time, set forth the general terms and conditions for marketing and branding of services (“Services”) provided by Soundtrack Your Brand Sweden AB (“SYB”, “we”, “us”, “our”), to be marketed by a partner (“Partner”) in connection with resale, distribution or other collaboration with us under a partner agreement (the “Partner Agreement”).
Under these Marketing and Branding Terms and the Partner Agreement, the Partner is granted a limited right to use certain trademarks of SYB and its licensors, as specifically defined herein (collectively the “Trademarks”) strictly in accordance with said terms.
These Marketing and Branding Terms are an integrated part of the Partner Agreement, and are supplemented by other supplementary contract terms which form part of the Partner Agreement.
Marketing and Branding of the Services
The Services are provided under brand names determined by SYB, which brand names constitute Trademarks of SYB and/or its licensors. The Partner acknowledges that SYB shall at all times retain ultimate discretion to determine the branding of the Services, and shall have the unfettered discretion to alter such branding and subsequently to alter, replace or remove one or more of the Trademarks forming part of such branding.
The Partner undertakes that it will only market the Services under the brand names determined by SYB. In no event may the Partner (i) market the Services under other brand names, or (ii) market the Services under the brand names determined by SYB in combination with any other trademark, trade name, domain name, word or symbol, “tag line”, “endorsement line” or “enhancing statement”, whether owned by the Partner or a third party, including co-branding, double-branding or other combinations. Any exceptions require prior express written approval from SYB.
When marketing the Services, the Partner shall only use approved marketing materials provided by SYB for such purpose, to be found at www.soundtrackyourbrand.com/partner/marketingguidelines (the “SYB Marketing Guidelines”).
The Partner may only use the brand names of the Services in print and online advertising and marketing materials specifically directed at marketing and resale of the Services. Use of the brand names of the Services on hardware or other equipment to be provided as part of the Services requires prior express written approval from SYB. In case of any such approval, all use shall be in compliance with the SYB Marketing Guidelines.
Use of SYB trademarks
The Partner is granted a limited right to use the SOUNDTRACK YOUR BRAND trademark, for the sole purpose of marketing the Services in accordance with the Partner Agreement. All use of the SOUNDTRACK YOUR BRAND trademark shall be in accordance with the SYB Marketing Guidelines.
Use of Partner trade names and trademarks
The Partner grants to SYB a right to use the Partner’s trade name and trademarks and refer to the Partner as a reference partner in customer listings and other marketing documentation and activities relating to the Services, provided that such use is in accordance with good business practice and in a manner to promote the reputation and goodwill of said Partner trade name and trademarks.
Property rights and obligations of the Partner
SYB and its licensors are the exclusive owners of the Trademarks which may be used by the Partner hereunder. The Partner may only use such Trademarks in accordance with the restrictions and limitations set forth in these Marketing and Branding Terms. Neither these Marketing and Branding Terms nor the Partner’s use of such Trademarks shall convey to the Partner any right or title to said Trademarks or affect in any way the exclusive ownership of SYB and its licensors of said Trademarks and of any registrations thereof, and all use of such Trademarks and all goodwill arising therefrom shall be for the sole benefit of and on behalf of SYB and its licensors. No rights are assigned with respect to the said Trademarks.
The Partner acknowledges and undertakes to respect SYB and its licensors’ ownership to the Trademarks and the validity of the applications and registrations for the Trademarks. The Partner undertakes to preserve the value and validity of the Trademarks and will not commit any act which challenges SYB and its licensors’ ownership to or the validity of the Trademarks or which assists any other person in such act.
To this effect the Partner shall:
Only use the Trademarks in relation to marketing of the Services as permitted hereunder and strictly in accordance with these Marketing and Branding Terms, the Partner Agreement, the SYB Marketing Guidelines referred to herein and any other instructions provided by SYB from time to time;
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