Ownership. PartyLite is the sole owner, and will continue to retain exclusive ownership, of all content made available to You. Specifically, PartyLite hereby retains all of its rights, title and interest in all of Our graphics, icons, logos, service names, service marks, patents, trademarks, wordmarks, tradenames, copyrights, whether registered or unregistered, as well as Our trade secrets, websites/URL’s, and other intellectual property, including derivative works (“Company Marks”). You retain no rights to such Company Marks, beyond the limited license provided herein.
License & Usage.
PartyLite grants to You a limited, non-exclusive, non-sublicensable, non-transferrable, royalty free, revocablelicense to use, within the US and Canada, as applicable, and solely in connection with Your business activities under this Agreement, PartyLite’s relevant Company Marks related to the Products that PartyLite may make available under the Program and through the Platform. PartyLite hereby reserves any and all rights not expressly granted to You herein. Your use of Company Marks and any resulting goodwill hereby accrues solely to PartyLite’s benefit.
You may create, publish, post, distribute, copy, share, reproduce, modify, republish, upload, post, transmit, and distribute Your own content using Company Marks that are made available through the Platform, so long as such content complies with license usage and restrictions, and other requirements under this Agreement. You are solely responsible for obtaining Our permission before using or reusing any Company Marks or materials that You obtain by any means other than through the Platform.
You may use the terms, “PartyLite” or “PL” in Your own title or in referencing Your personal group, so long as such use is accurately combined with Your designation as an Affiliate, e.g.: “PartyLite Affiliate”, “PartyLite Brand Ambassador”, “PL Influencer”, and “[xxx’s] PartyLite VIP Affiliate Group” are acceptable designation. Terms such as, “PartyLite Vice President” or “PL Regional VP” are unacceptable.
License Restrictions. You shall not:
Use the Platform and content except as expressly authorized by PartyLite. You may not alter or modify any Company Marks, or any documents or information, including promotional and marketing materials, that PartyLite provides, either directly or indirectly, without PartyLite’s prior written consent.;
Use any Company Marks or Confidential Information for competitive analysis, development of a competing product or service, or otherwise, to PartyLite’s economic harm, disadvantage, or to dilute or diminish the value of either the Products, the Company Marks themselves, or any goodwill resulting therefrom;
Engage in any activity, directly or indirectly, that would constitute infringement or otherwise act to contest, dispute, or impair PartyLite’s right, title, and interest in any Company Marks;
Develop, create, apply for, acquire, or claim any right, title, or interest in or to any mark that may be confusingly similar to, or based in whole or in part on, any Company Mark;
Use any Company Mark as part of Your business name or tradename, or in connection with unauthorized goods or services;
De-brand, rebrand, or private label any of the Company Marks or portray yourself as having any ownership interest in the Company Marks; or
Except as otherwise provided herein, register or maintain any email address, website, or social media account under Your ownership or control using PartyLite’s name or Company Marks beyond the scope of this Agreement or without PartyLite’s prior written consent.
License Termination. PartyLite may at any time, for any reason, and upon written notice terminate the license for any Company Mark granted to You, either with or without terminating this Agreement. Notwithstanding the foregoing, You shall immediately discontinue using any and all Company Marks as of the date of termination of this Agreement, whether in postings on any social media platform, websites, promotional materials, or otherwise.
