In certain instances, Maximizer Software Inc. (“Maximizer”), in its sole discretion, may allow you, as a Business Partner or other reseller, distributor, advertising agency or consultant to use its trademarks and logos in an approved manner.
As a general rule, no third party may use Maximizer’s trademarks or logos; unauthorized use is strictly prohibited. You may only use Maximizer’s trademarks or logos without a license under the following limited circumstances:
(a) in advertising, marketing material or a website that references your authorized connection with Maximizer (for example, the material states that you are a Business Partner or other authorized distributor or reseller of Maximizer products); or
(b) in an area of a website, advertising, or marketing materials dedicated to the sale of Maximizer’s products, and in such a manner that associates Maximizer’s products with Maximizer’s trademarks or logos.
In such circumstances, you are required to follow Maximizer’s trademark and logo usage requirements set out in this policy.
Maximizer has a number of trademarks, which include but are not limited to the words Maximizer, Maximizer CRM, Maximizer Entrepreneur Edition, Maximizer Group Edition, Maximizer Professional Edition, Maximizer Enterprise Edition, Maximizer Team Edition, CRM Express Services, Simply Successful, MaxLink, MaxMobile and other of Maximizer’s trademarks, product names, brand names, business names and logos (all of which are collectively referred to as the “Marks”).
Rules of Proper Trademark Use
1. When using any of Maximizer’s Marks, you must place the (®) symbol after the most prominent (or if none is prominent, the first) appearance of a Mark. Every appearance of the Mark in stylized form must always appear with the tm symbol.
2. When using a Mark, you must never vary the spelling, add or delete hyphens, make one word two, or use a possessive or plural form of the Mark. Maximizer word marks must always be used as adjectives followed by a generic term (such as “software” or “system”), and never as nouns or verbs.
3. Upon all documents that include Maximizer’s Marks, you must display current graphics only and must include a notice that the Marks are “trademarks of Maximizer Software Inc.”
4. All use of Maximizer’s Marks or name must also adhere to any style guide issued by Maximizer including but not limited to the following style requirements:
(a) Maximizer should always be spelled with a ‘z’. “Maximiser” with an ‘s’ instead of a ‘z’ is not acceptable.
(b) should always be set apart from other text.
5. In any place where they appear together, the Marks must be at least as large as the trademark of another vendor.
6 You may not use the Marks in any way as to imply that you or any third party is Maximizer or a department of Maximizer. All written correspondence must identify you and include your complete contact information.
7. Any use of the Marks on the Internet are subject to the following requirements:
(a) all use must meet the requirements set out in this policy
(b) use of a domain name, path name or other URL must not be misleading;
(c) Maximizer may, in its sole discretion, remove or require that you remove any materials, website links, or references to websites in association with the Marks;
(d) You must not register or attempt to register any principal or secondary level domain names that are or include portions which are identical or virtually identical to any of the Marks, without Maximizer’s prior written consent;
(e) You must not register or attempt to register or use any of the Marks as a search term, meta tag, AdWord or other identifier for search engines, without Maximizer’s prior written consent.
8. You must, upon request from Maximizer, provide samples of any marketing and advertising materials that include the Marks.
9. You acknowledge that Maximizer is the owner of all right, title, and interest in the Marks and will not challenge the validity of Maximizer’s ownership of the Marks.
10. Maximizer may from time to time modify the Marks. Maximizer will use commercially reasonable efforts to give you notice of such modifications. You must promptly update all uses of the Marks and include and use such marks and markings as Maximizer may from time to time in its discretion require.
11. You must take all reasonable steps to protect Maximizer’s rights in the Marks and immediately notify Maximizer of any conflicting uses or Marks.
12. Upon termination of your agent or business partner agreement with Maximizer, you must cease and desist from all use of the Marks in any way and not adopt or use, without Maximizer’s prior written consent, any word, mark, or other identification that is likely to cause confusion, mistake, or to deceive with respect to any works or Marks of Maximizer.