Terms and Conditions of Logo Use by Partners
Partners in good standing in the Divas In Defense Partnership (each a “Partner”) shall be granted a limited, non-transferable, non-exclusive, and revocable license to use either the Divas In Defense®, Girls Can Fight Too!, On Her Own, Princess Karate, Kicks & Cocktails, Kicks & Cupcakes, Diva Combat, Fit Divas, Fire’d Up, Shock ‘Em Girl or Punchin’ Luncheon or Hell In High Heels logo(s) (“Logo”), subject to the following rules, terms, and conditions:
A Partner that is a Certified Instructor, Master Trainer or Program Director may use the Divas In Defense complete line of logos on its business cards, marketing materials, promotional items, stationery (including e-mail signatures), and its website.
In accordance with the terms and conditions set forth below and with the particular hosted event/program, a Partner that is an Event/Program Partner may only use the Divas In Defense “particular” logo(s) that corresponds to the particular event/program the Event/Program Partner will host. The logo(s) may be used in connection with certain marketing activities that are directly related to the activities for which the Event/Program Partner has been certified.
The Event/Program Partner logo(s) will be made available for download to Event/Program Partners via e-mail. Please contact your Representative for electronic delivery.
The download and use of the Logo is conditioned upon the following:
- Partner may not use a logo obtained from any source other than Divas In Defense, and shall not modify or alter the Logo in any way.
- Partner shall not to use the Logo in connection with any activity that is unlawful, libelous, defamatory, obscene, disparages Divas In Defense or Divas In Defense’s products or services, or that in any way infringes the intellectual property or other rights of any person or entity.
- Partner shall not to use the Logo in any manner that is likely to create the impression that Partner is a legal partner, affiliate, or franchisee of Divas In Defense, or is otherwise related to Divas In Defense. Partner will clearly and prominently identify itself in its offers, advertising, marketing, and promotional materials.
- Partner agrees to use the Logo only in connection with the business registered in or certified by the Divas In Defense Partnership program and the marketing of Divas In Defense products or services. Partner shall not use or display the Logo on its invoices, bills, or shipping memos.
- Partner acknowledges that Divas In Defense owns all rights in the Logo, and agrees that it will not contest the validity of Divas In Defense’s rights, either during or after the license term. Partner will indemnify and hold Divas In Defense harmless against any claims, actions, or demands relating to its business activities or the use of the Logo in connection with such activities or otherwise.
- Divas In Defense may immediately terminate Partner’s right to use the Logo for violation of any of these terms and conditions, or any terms and conditions governing Partner’s participation in the Divas In Defense Partnership program or provision of Divas In Defense products or services, or for any other reason that Divas In Defense deems appropriate. Upon such termination, Partner shall immediately cease use of the Logo or any similar mark, name, or logo, including any name or mark containing the term “Divas In Defense.”
- Partner agrees not to use any Divas In Defense logo, trademark, or intellectual property other than the specified Partner logo that corresponds to Partner’s level of participation in the Divas In Defense Partnership program (i.e., “Certified Partner” or “Event/Program Partner”).
- Divas In Defense grants Partner no other rights except those set forth expressly herein.
- Partner recognizes and acknowledges that its breach of these terms and conditions will cause Divas In Defense irreparable harm for which monetary damages will be inadequate.
- Partner agrees that Divas In Defense shall be entitled to an injunction to restrain Partner from such breach or threatened breach. Nothing in this section shall be construed as preventing Divas In Defense from pursuing any remedy at law or in equity for any breach or threatened breach of these terms and conditions.