Trademarks | Tarmin - Where Data Defines Value.

Details: Written by Super User; Category: Trademarks; Published: 28 June 2016; Hits: 1872

Tarmin Trademark Guidelines

Updated September 10, 2020

1. Introduction. These Tarmin Trademark Guidelines (the “Trademark Guidelines”) form an integral part of the Tarmin Master Services Agreement (the “Agreement”) between Tarmin, Inc. or its affiliates (“Tarmin”) and the Customer (“Customer”). These Trademark Guidelines provide the Customer a limited permission to use the Tarmin Marks (as defined in Section 2 below), in connection with (as applicable) : (a) the Customer’s use of the Services (as defined in the Agreement), or in connection with software products designed to be used with the Services, or (b) as otherwise agreed with Tarmin in writing, on the terms set forth herein and in the Agreement, until such time as Tarmin may terminate such permission, which Tarmin may do at any time, in Tarmin’s sole discretion, as set forth in Section 4 below. The Tarmin Marks are some of our most valuable assets and these Trademark Guidelines are intended to preserve the value attached to the Tarmin marks.

2. Definition. For the purposes of these Trademark Guidelines, “Tarmin Marks” means the following trademarks, service marks, service or trade names, logos, product names, or designations of Tarmin and its affiliates: “Tarmin”, “GridBank”, “Where Data Defines Value.”, “Store. Control. Understand.”, “Three Pillars of GridBank”, “GridBank Data Management Platform”, “CloudBank”, “NOADS”, “ObjectStreaming”, “ObjectRaid”, “Optimize, manage, secure”, “GridSynch”, “Appfrastructure”, “Protecting your business”, “Unlocking the cloud promise”, “Hybrid Storage Solutions for On-Premise and in the Cloud”, “GridBank Archiver” and any other Tarmin Marks and Services made available from time to time.

3. Limited Permission. Provided that the Customer is (a) a Tarmin developer in good standing with a current and valid account for use of the Services or (b) otherwise authorized by Tarmin in writing, and provided, further, that the Customer complies at all times with the terms of both the Agreement and these Trademark Guidelines, Tarmin grants the Customer a limited, non-exclusive, revocable, non-transferable permission, under Tarmin’s intellectual property rights in and to the Tarmin Marks, and only to the limited extent of Tarmin’s intellectual property rights in and to the Tarmin Marks, to use the Tarmin Marks for the following limited purpose, and only for such limited purpose: the Customer may utilize the Logo or the appropriate form(s) of the “for” or equivalent naming convention or URL naming convention, as set forth in Section 9 below, to: (i) identify the Customer’s Content (as defined in the Agreement) as using the Services; or (ii) to identify software tools or applications that the Customer create and distributes that are intended for use in connection with the Services. Without limitation of any provision in the Agreement, the Customer acknowledges that any use that the Customer elects to make of the Tarmin Marks, even if permitted hereunder, is at the Customer’s sole risk and that Tarmin shall have no liability or responsibility in connection therewith. The Customer’s limited permission to use the Tarmin Marks is a limited permission and the Customer may not use the Tarmin Marks for any other purpose. The Customer may not transfer, assign or sublicense the Customer’s limited permission to use the Tarmin Marks to any other person or entity. The Customer’s use of the Tarmin Marks shall comply with: (i) the most up-to-date versions of the Agreement and these Trademark Guidelines; and (ii) any other terms, conditions or policies that Tarmin may issue from time to time to govern use of the Tarmin Marks. The Customer’s limited permission to use the Tarmin Marks hereunder shall automatically terminate and the customer must immediately stop using the Tarmin Marks if at any time: (i) the Agreement is terminated; (ii) The Customer’s Content no longer uses any of the Services, or the Customer’s software product cannot be used with any of the Services, as applicable; or (iii) the Customer ceases to be a registered Tarmin developer.

4. Modification and Termination. The Customer understands and agree that, without prior notice to the customer and at Tarmin’s sole discretion: (i) Tarmin may modify these Trademark Guidelines at any time; (ii) Tarmin may modify or terminate the Customer’s limited permission to use the Tarmin Marks, at any time in Tarmin’s sole discretion, for any reason or for no reason at all; and (iii) Tarmin reserves the right to take any and all actions including, without limitation, legal proceedings, against any use of the Tarmin Marks that does not comply with the terms of the Agreement or these Trademark Guidelines.

5. No Affiliation or Endorsement. The Customer will not display the Tarmin Marks in any manner that implies that the Customer is related to, affiliated with, sponsored or endorsed by Tarmin, or in a manner that could reasonably be interpreted to suggest that the Customer’s Content, web site, product or service, has been authored or edited by Tarmin, or represents Tarmin views or opinions.

6. No Disparagement. The Customer may only use the Tarmin Marks in a manner designed to maintain the highest standard, quality and reputation that is associated with the Tarmin Marks and the customer will not use the Tarmin Marks to disparage Tarmin, or our products or services.

7. No Dominant Display; Tarmin Mark Differentiation. The Customer may not display any Tarmin Mark as the largest or most prominent trademark in any materials (including, without limitation, any web site or product literature) associated with the Customer’s Content, software tool or other software application. When using any Tarmin Mark (other than the Logo, with respect to which the formatting requirements are set forth in Section 8 below, or in a URL), the customer must distinguish the Tarmin Mark from the name of the Customer Content and/or other surrounding text by capitalizing the first letter of the Tarmin Mark, capitalizing or italicizing the entire Tarmin Mark, placing the Tarmin Mark in quotes, or using a different style or color of font for the Tarmin Mark.

8. Formatting Requirements with Respect to the Tarmin Logo.

a. No Modification. Tarmin will make the Logo image available to the Customer. The Customer may not remove, distort or modify any element of the Logo; provided however, the customer may transform the file format itself, for ease of use.

9. Permissible Uses of the Tarmin Marks. Except for the Logo, the Customer may only use the Tarmin Marks in a relational phrase using “for” or one of the limited number of equivalent naming conventions.

10. Hyperlinking. The Customer shall link each use of the Tarmin Marks directly to the following URL, wherever technically feasible: https://tarmin.com. The Customer may, alternatively, link to an Tarmin detail page for a Service used by the Customer’s Content. The Customer may not link the Tarmin Marks to any web site other than the primary URL for the applicable Service. The Customer may not frame or mirror any of Tarmin’s web site pages.

11. No Combination. The Customer may not hyphenate, combine or abbreviate the Tarmin Marks. The Customer shall not incorporate the Tarmin Marks into the name of the Customer’s organization, or services, products, trademark or logos. The foregoing prohibition includes the use of the Tarmin Marks in the name of any application, service or product or in a URL to the left of the top-level domain name (e.g., ”.com”, ”.net”, ”.uk”, etc.).

12. Adwords. Tarmin and its affiliates own and restrict trademark use by third parties on all search engines and will whitelist only top partners.

13. Attribution. The Customer must include the following statement in any materials that include the Tarmin Marks: “Tarmin”, “GridBank” and “Where Data Defines Value.” logo, (and any other Tarmin Marks used in such materials) are trademarks of Tarmin, Inc. or its affiliates in the United States and/or other countries.

14. No Misleading Use. The Customer may not display the Tarmin Marks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable as determined by Tarmin in our sole discretion.

15. Trade Dress. The Customer may not imitate the trade dress or “look and feel” of any Tarmin web sites or pages contained in any of Tarmin web sites, including without limitation, the branding, color combinations, fonts, graphic designs, product icons or other elements associated with Tarmin.

16. Compliance with Law; Appropriate Activities. The Customer may not use the Tarmin Marks in any manner that violates any United States or foreign, federal, state, provincial, municipal, local or other, law or regulation. Without limiting the foregoing, or any provision in the Agreement, the Customer may not display any Tarmin Mark on the customer’s site if their site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.

17. Reservation of Rights. Except for the limited permission specified in Section 3 above, nothing in the Agreement or these Trademark Guidelines shall grant or be deemed to grant the customer any right, license, title or interest in or to any Tarmin Mark or any of Tarmin affiliates’ other trademarks, service marks, trade names, logos, product names, service names, legends, other designations, or abbreviations of any of the foregoing. The Customer acknowledges and agrees that Tarmin and its affiliates retain any and all intellectual property and other proprietary rights in and to the Tarmin Marks. All use by the Customer of the Tarmin Marks including any goodwill associated therewith, shall inure to the benefit of Tarmin.

18. No Challenges. The Customer agree that they will not, at any time, challenge or encourage, assist or otherwise induce third parties to challenge the Tarmin Marks (except to the extent such restriction is prohibited by law) or Tarmin registration thereof, nor shall the Customer attempt to register any trademarks, service marks, trade names, logos, product names, service names, legends, domain names, other designations, or abbreviations of any of the foregoing, or other distinctive brand features that are confusingly similar in any way (including, but not limited to, sound, appearance and spelling) to the Tarmin Marks.

19. Contact Information. If there are any questions regarding the obligations under these Trademark Guidelines or questions about any Tarmin Mark, please contact Tarmin.