Conditions for use of logos
The logos offered herein (“Logo” or “Logos”) are the exclusive property of Goldmarks Company (“Goldmarks” or “Our”). As such, Goldmarks owns all right, title and interest in the Logos, including but not limited to, copyright, trademark, service mark, trade dress, moral rights, rights under any statutory protection of fine arts, and otherwise, as applicable. As a reseller or other customer of Goldmarks’ Brew Foods products (“You” or “Your”), You acknowledge that the Logos are being provided merely as a convenience to You on an “AS IS” basis without warranty of any kind.
As a condition of Your use of any Logo, You agree to:
- Refrain from asserting any ownership, proprietary or other rights in any Logo or to challenge, contest, or take any other action inconsistent with Our exclusive ownership rights in the Logos, irrespective of any use You may make of any Logo;
- Refrain from seeking any form of registration in any state, federal or foreign jurisdiction, of any trademark, service mark, trade dress, logo or other commercial designation that includes any Logo or any colorable imitation or derivative thereof;
- Refrain from pursuing any claim, action or proceeding against Goldmarks, its affiliates, vendors or customers based upon any Logo used by You;
- Indemnify and defend Goldmarks and its affiliates from and against any claim, cost or liability of any kind, including for copyright and trademark infringement, arising out of Your use of any Logo; and
- Waive, release and hold harmless Goldmarks, its affiliates, vendors or customers from any claim or liability based upon printing or provision of any materials to any other customer of Goldmarks or its affiliates containing a Logo similar or identical to a Logo selected by You.
Goldmarks reserves the right to withdraw permission to use and reproduce its copy-written material whenever, in its sole discretion, it believes that the privilege is being used in a way that is detrimental to its interests or the above conditions are not being met.