Backtracks Marks Usage Agreement
Last Updated: August 15, 2017
This Backtracks Marks Usage Agreement (“Agreement”) provides the legal terms governing your use of the Backtracks name, logo, or other registered or unregistered Backtracks trademarks and service marks owned by Backtracks (“Backtracks Marks”) to let your customers know that Backtracks (“we”, “us”, “our”) provides services for your business.
You may not use any Backtracks Marks unless you agree to abide by all of the terms and conditions in this Agreement.
1. Permission to Use Backtracks Marks
Backtracks Marks are important assets of Backtracks’s business and are protected by US and international laws. You may use the Backtracks Marks as described in this Agreement on a non-exclusive, non-transferable basis on websites or applications that utilize Services (as defined in the Services Agreement). We may revoke this permission at any time at our discretion. We don’t expect to do this without a good reason but, if revoked, you agree to promptly remove any Backtracks Marks from any websites or applications, or other material.
2. Use of Backtracks Marks
You may only use the Backtracks Marks on the portion of your website or application that directly relates to the Services, such as on a checkout page utilizing our payment processing or order services. You may not misrepresent your relationship with Backtracks. You may not use Backtracks Marks to show Backtracks or Services in a disparaging or derogatory light, or in some other way that may be damaging to our brand or interests in Backtracks Marks.
Where only the Backtracks name or logo is used, as opposed to the “Powered by Backtracks” or “Connect with Backtracks” logos, we ask that you provide proper trademark attribution crediting ownership of the Backtracks Marks to us, such as:
The Backtracks name and logos are trademarks or service marks of Backtracks, Inc. or its affiliates in the U.S. and other countries. Other names may be trademarks of their respective owners.
We may also provide you with style or usage guidelines describing such things as size, color, or relative placement of Backtracks Marks. You may only use the Backtracks Marks consistent with those guidelines except where we expressly agree otherwise with you in writing. You will update your use of the Backtracks Marks to conform to changes in the guidelines within a reasonable time after we provide you notice of the change.
3. Limitations on and Good Use of Backtracks Marks
You may not use the Backtracks Marks or any confusingly similar name or trademark with your product, service, company, or domain name. For instance, you may not use names like “Backtracks Business Services”, “Backtracks for Platforms” or domains like “justlikebacktracks.com.” Further, you may not use Backtracks Marks to imply endorsement by Backtracks of your products or services, or in a manner that causes customer confusion.
You may not display, copy, modify, or transmit the Backtracks Marks except as described in this Agreement, the guidelines, or otherwise agreed in writing by Backtracks.
In addition to protecting the Backtracks Marks, it is important to us that you maintain an independent brand. Even where use of Backtracks Marks is permitted, we suggest that you prominently use your own marks where also using Backtracks Marks. For example, “Foo for Backtracks” or “Bar powered by Backtracks” are acceptable and emphasize your brand; but “Backtracks Reporting”, “Backtracks for Platforms”, or “Backtracksified” are unacceptable and emphasize the Backtracks Marks.
5. No Warranties
As part of this Agreement, we do not make any representations regarding your use of Backtracks Marks. We disclaim all warranties, express and implied, including any warranties of non-infringement.
6. Contacting Us
If you have any questions about this Agreement, please don’t hesitate to contact us at trademarks(at)backtracks.fm.
7. Other Legal Provisions
Except as otherwise agreed upon in writing between you and us, this Agreement is the entire agreement between you and us regarding your use of the Backtracks Marks. We may terminate his Agreement at anytime upon notice to you. You may not transfer this Agreement to any third party. This Agreement is governed by the laws and dispute provisions specified in the Services Agreement, which are incorporated by reference. If any provision or portion of this Agreement is held to be invalid or unenforceable, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.