SMARTY MARKS GUIDELINES
Where Affiliate is entitled to use SMARTY Marks in accordance with these Terms Affiliate must:
1. strictly abide by and observe SMARTY’s instructions, requirements, directions and specifications regarding colour references and style guides for reproduction of the SMARTY Marks, and in particular Affiliate must abide by and observe the Brand Central (the extranet through which Affiliate will have access to any applicable guidelines and branded material as notified to Affiliate from time to time);
2. only apply the SMARTY Marks to materials that comply with SMARTY’s written approval;
3. ensure any trade mark/copyright notice specified by SMARTY (or such other notice as SMARTY may in writing require) is affixed adjacent to the SMARTY Marks or in any other position as SMARTY directs on all material using or incorporating all or any part of the SMARTY Marks;
4. not use the SMARTY Marks in juxtaposition or in conjunction with any other symbol, logo, mark or other means of identification or merchandising, except with the prior written approval of SMARTY;
5. not use the SMARTY Marks in a partial or fragmentary form but always in its complete form as depicted in accordance with SMARTY’s written instructions (unless otherwise agreed in writing by SMARTY);
6. if cropping the SMARTY Marks, only do so in accordance with the cropping guide (as notified to Affiliate);
7. not use the SMARTY Marks on any product or other material (including stationery, business cards or correspondence or any other form of written communication) unless prior written approval is obtained from SMARTY;
8. not use the SMARTY Marks otherwise than as permitted by these Terms or in any manner that would be in contravention of any law, regulation or applicable standard except in accordance with SMARTY’s written instructions;
9. not cause or permit anything which may challenge, damage or endanger the SMARTY Marks or SMARTY’s title to the SMARTY Marks or assist or allow any other person to do so except in accordance with SMARTY’s written instructions;
10. not register or attempt to register any part of the names or words forming part of the SMARTY Marks or any work substantially identical or deceptively similar to as or as part of a business name or corporate name;
11. not register or attempt to register any part of the SMARTY Marks or any name, word, mark, design, emblem, visual representation or slogan substantially identical with or deceptively similar to as or as part of a trade mark or design;
12. not represent that it has any right, title or interest in the SMARTY Marks or in any application for registration of it or in any fraudulent, obvious or colour imitation of it other than pursuant to the rights expressly granted by these Terms; and
13. not use any name, word, mark, design, emblem, visual representation or slogan similar or capable of being confused with any part of the SMARTY Marks.
