Brand Assets License and Permissions Agreement
This document was last updated on March 2, 2017.
DESCRIPTION OF BRAND ASSETS LICENSE AND PERMISSIONS AGREEMENT
This Brand Assets License and Permissions Agreement (“Agreement”) apply to the use by any third parties (“you”) of Hytiva Media, LLC (“Hytiva”) Brand Assets as identified in the Hytiva Branding Guidelines, including but not limited to the Hytiva logo, Hytiva social media icons, Hytiva Bud Chips that are made available to you via download from the Hytiva website or written agreement which incorporates this Agreement. Hytiva reserves the right to alter this Agreement and its Branding Guidelines at any time by posting a revised Agreement and revised Branding Guidelines as Hytiva deems necessary. Your continued use of any Hytiva Brand Assets constitutes acceptance of those changes.
Your Limited Rights to Use Hytiva Brand Assets - LIMITED LICENSE
Hytiva grants you a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to display the Hytiva Brand Assets in accordance with this Agreement for use advertising materials, including print advertising, flyers, and poster. Any other prposed use of Hytiva Brand Assets, including but not limited to placement on merchandise, products or packaging, is expressly prohibited unless expressly approved in writing by Hytiva in advance of such use. All use by you of the Hytiva Brands (including any goodwill associated therewith) shall inure to the benefit of Hytiva.
Hytiva Brand Assets are the Sole Possession of Hytiva - OWNERSHIP OF THE HYTIVA BRAND ASSETS
All right title and interest in and to the Hytiva Brand Assets are Hytiva’s sole and exclusive property and are protected from unauthorized use and copying by U.S. and international laws, regulations and international treaties. You acknowledge that Hytiva owns all rights to Hytiva Brand Assets and you do not acquire any rights in the Hytiva Brand Assets by virtue of your sue of the Hytiva Brand Assets under this Agreement or otherwise. You agree not to challenge Hytiva’s rights in the Hytiva Brand Assets or assert any right, title or interest in or to the Hytiva Brand Assets.
No Modification. The Hytiva Brand Assets must be used as provided by Hytiva with no modifications. Do not remove, distory, or alter any element of the Hytiva Brand Assets or change any colors. Do not shorten, abbreviate, or create acronyms out of the Hytiva Brand Assets.
No Generic Use. Do not use Hytiva Brand Assets in a way that suggests a common, descriptive, or generic meaning.
No Plural or Possessive Use. Do not use the Hytiva Brand Assets in the plural or possessive form.
No Incorporation. Do not incorporate Hytiva Brand Assets into your own product name, service names, trademarks, logos, company names, domain names, website titles, publication titles, or the like, unless expressly permitted by Hytiva.
No Confusingly Similar Marks. Do not use the Hytiva Brand Assets in a manner that implies that Hytiva is the source of your products or services.
Domain Names. Do not register Hytiva Brand Assets as domain names or as any part of a domain name.
Trade Dress. Do not copy or imitate Hytiva’s website design, typefaces, distinctive color, graphic designs or imagery.
Endorsement. Do not display Hytiva Brand Assets in any manner that implies that you have a relationship or affiliation with Hytiva, or that you are sponsored or endorsed by Hytiva unless you have explicit prior written permission from Hytiva to do so. Do not display the Hytiva Brand Assets in any manner that implies any content has been authorized by Hytiva or represents the views or opinions of Hytiva or Hytiva personnel without explicit prior written permission from Hytiva.
Prominence. Do not display the Hytiva Brand Assets in a manner that makes it the most distinctive or prominent feature on your web page, printed material, or other content.
Violation of Law. Do not display the Hytiva Brand Assets on any web site that contains or displays or promotes adult content, gambling, the sale of tobacco or alcohol or firearms to persons under twenty-one years of age, or violates any law or regulation;
Objectionable Use. Do not display the Hytiva Brand Assets in a manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Hytiva.
Broadcast. The Hytiva Brand Assets may not be displayed in television, film or videos without Hytiva’s prior permission. You may submit Request for Permission to Use Hytiva Brand Assets to seek such permission.
Book or other Publication Titles. The Hytiva Brand Assets may not be displayed in titles of publications, including books, without Hytiva’s prior permission. You may submit the Request for Permission to Use Hytiva Brand Assets to seek such permission.
Merchandise. The Hytiva Brand Assets may not be displayed in or on merchandise or manufactured items of any kind without Hytiva’s prior permission. You may submit the Request for Permission to Use Hytiva Brand Assets to seek such permission.
General Provisions – ASSIGNMENT OF RIGHTS
You may not assign your rights or delegate your obligations under this Agreement without Hytiva’s prior written consent. This Agreement does not create any rights in any third party. This Agreement will be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict of law principles. The venue for any dispute or claim arising out of or in connection with this Agreement shall be in Clark County, Nevada. Neither party shall be deemed to be an employee, agent, partner, or legal representative of the other. Hytiva’s waiver of a breach of any provision of this Agreement shall not be deemed to be a waiver of the provision itself. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, void or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
General Provisions – INDEMNIFICATION
You agree to indemnify, defend and hold Hytiva and its licensors harmless from any and all losses, claims, damages or liability, including attorneys fees, judgments, and settlement amounts, arising out of your use of the Hytiva Brand Assets including any breach by you of any of the provisions of this Agreement or any use of Hytiva Brand Assets that is not in compliance with this Agreement.
Changes to this policy
Hytiva.com has the discretion to update this policy at any time. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this policy periodically and become aware of modifications.
Your acceptance of these terms
By using Hytiva Brand Assets, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Brand Assets. Your continued use of the Hytiva Brand Assets following the posting of changes to this policy will be deemed your acceptance of those changes.