Copyright
The DebitWay.com Marks
Trademarks (registration pending or otherwise)
DebitWay.com
DebitWay.com logo
TRADEMARK USAGE REQUIREMENTS
Pursuant to the agreement, the following are the current usage requirements for the Contractor's display of the DebitWay.com Marks, as defined in the Agreement, and as owned by the Direct Commerce.
A. Appropriate Symbols and Legends
The DebitWay.com Marks are not yet registered. Therefore, for the time being they should be designated with the "TM" label. Upon becoming registered trademarks (following a written notice to this effect to Contractor) they must appear with the "R" symbol placed on the right "shoulder" of any Mark (i.e., directly next to a Mark in the upper right). The symbol must appear in every instance where a Mark appears in Logo form or outside of body text. The symbol must appear in at least the first iteration of a Mark in body text but may be omitted for convenience in subsequent iterations in the same body text.
In addition to the above, the appropriate ownership legend must be included in the "legal notices" section of any materials in which DebitWay.com Marks are displayed. The legend must read as follows: "DebitWay.com (for example)] is a registered trademark of Direct Commerce." The legend is typically placed at the bottom of an ad or layout and may appear in small type, but must still be legible.
B. Logo Design Usage
The contractor may display the DebitWay.com Marks in logo design form in accordance with the guidelines set forth herein, any additional logo guidelines provided by DebitWay.com from time to time, and pursuant to all limitation set forth in the Agreement. However, DebitWay.com requires that the Contractor obtain only original digital or camera-ready artwork directly from DebitWay.com. No re-sampling or other attempted duplication is allowed and no alterations, modifications, cropping or additions to logos are permitted. In all printed materials that involve any graphics and/or colour, when the DebitWay.com Marks are presented in logo form, they must be presented as supplied by DebitWay.com the correct colours and format. The typefaces for the DebitWay.com Marks will always be only those typefaces supplied by the DebitWay.com. Any logos should always be used as received from Direct Commerce. Original logo art supplied by DebitWay.com can be enlarged or reduced in size, but must be done in exact proportion to the original height and width.
When any logo design is used, no other mark will be inside of, touching, or in any way a part of, the logo. Any logo must always appear by itself. In the case of the DebitWay.com logo, for instance, the filled in box "DebitWay.com" will not be "violated" or touched by any other text or graphics in any way and there must be a border of space of at least 20 percent of the total height of the bar/band (or of any logo) surrounding the logo on all sides in every instance where a logo appears.
Please contact DebitWay.com to obtain a digital GIF file or other camera-ready copy.
C. No Similar DebitWay.com Marks
The Contractor may not adopt, use or register any other DebitWay.com Marks that appear to be related to or are similar to the DebitWay.com Marks. Any new DebitWay.com Marks created or adopted by company, if such Marks are for products or services marketed in the same general trade channels as the DebitWay.com Products, must be pre-approved in writing by the Authorized representative of DebitWay.com.
D. Additional Restrictions
The permission to display the DebitWay.com Marks is a non-exclusive, non-transferable, non-assignable permission that extends only to Canada, only for the purpose of the activities contemplated under the Agreement, an only for the Term of the Agreement.
The Contractor is not permitted to use the DebitWay.com Marks to disparage DebitWay.com its products, or services, or for promotional goods (like shirts, pens, etc.) or in any way which, in DebitWay.com reasonable judgment, may diminish or otherwise damage DebitWay.com goodwill in the DebitWay.com Marks, including but not limited to uses that could be deemed to be obscene, violent or otherwise in poor taste or unlawful, or which purpose is to encourage unlawful activities DebitWay.com reserves the right to object to unfair uses or misuses of the DebitWay.com Marks or other violations of applicable law.
Nothing in the Agreement or this Usage Requirement document gives the Contractor any right, title or interest in the DebitWay.com Marks, as defined, or any other DebitWay.com-owned Mark. The Contractor acknowledges Direct Commerce ownership of the DebitWay.com Marks, and any display by the Contractor of the DebitWay.com Marks will inure to the sole benefit of DebitWay.com. The Contractor also acknowledges and agrees not to attack the ownership of, nor to use, register, or attempt to register, the DebitWay.com Marks or any other DebitWay.com-owned Marks, nor to use or register any Marks that would cause confusion, or be likely to cause confusion, with the DebitWay.com Marks is subject to approval by DebitWay.com of the Contractor's use prior to any release or publication of advertising, promotion or packaging, which approval can be withheld, and the Contractor's strict adherence to the guidelines contained herein. All rights not expressly granted in the Agreement are reserved by DebitWay.com.
These trademark usage guidelines may be amended by the Contractor in writing from time to time.