Caesarstone® Australia Pty Ltd Trademark Terms

Caesarstone® Australia Pty Ltd Trademark Terms

1. Your acceptance

o    1.1 Welcome to Professional Zone of www.Caesarstone.co.nz ("Professional Zone"). To assist you with all collaborative marketing efforts, Caesarstone® Australia Pty Ltd ("we", "us", "our" or "Caesarstone®") are pleased to provide you with the Caesarstone® trade marks, service marks, logos and signs (whether registered or unregistered and owned by us) and any of the content (whether visual, written or audible) made available on or through the Professional Zone or otherwise provided to you by us (Trade Marks).

o    1.2 Your use of the Trade Marks is subject to the Caesarstone® Website Terms and Conditions located at http://www.Caesarstone.co.nz/Legal/Terms-Condition.aspx (Website T&C) and these Trademark Terms (together "Terms of Use"). Where there is any inconsistency between these Trademark Terms and the Website T&C, these Trademark Terms will prevail to the extent of any inconsistency.

o    1.3 Please carefully read these Terms of Use before you use this Professional Zone. By registering for the Professional Zone or accessing the Professional Zone you agree that you have read these Terms of Use and agree to be bound by these Terms of Use.

2. Logins

o    2.1 The Professional Zone is only accessible to you if you have “logged in” by providing certain details as requested by us on the log-in, registration or authentication pages of the Professional Zone, (collectively, this information is your Login).

o    2.2 You must not provide details of your Login to any other person. You must not allow any other person to use your Login. We accept no responsibility or liability in relation to the disclosure or loss of your Login

3. Licence

o    Subject to clauses 4 and 5, we grant you an non-exclusive, royalty-free, worldwide, non-transferable licence to use the Trade Marks, solely in connection with your business purposes.

4. Conditions of use

o    4.1 You must:

§  (a) only use the Trade Marks in the manner specified by us from time to time;

§  (b) not use the Trade Marks in conjunction with or as any part of any other trade marks, names or word, without our prior consent;

§  (c) not seek to use any mark which is substantially identical or deceptively similar to any Trade Marks;

§  (d) not use the Trade Marks in relation to the promotion, advertising or sale of products which are not products supplied by us;

§  (e) use the Trade Marks only as an adjective (for example, "Caesarstone® benchtop" and " Caesarstone® 2141 Snow");

§  (f) not use the Trade Marks as a noun or a verb or in the plural or possessive form or as a generic term;

§  (g) not alter or modify the Trade Marks in any way;

§  (h) not use the Trade Marks as part of any domain name; and

§  (i) not use the Trade Marks in a way which has the potential to or does in fact:

§  (i) misrepresent us or our products;

§  (ii) damage our reputation or goodwill; or

§  (iii) mislead others into believing that you have an association with us when no such association exists.

5. Approval of Promotional Material

o    5.1 You must receive the Caesarstone® Marketing Department's approval in relation to any advertisement, article, promotional material or other work containing the Trade Marks (Promotional Material) before publishing, communicating or distributing any Promotional Material.

o    5.2 To apply for approval, you must submit to marketing@Caesarstone.co.nz all proofs, artwork, drafts or other examples of the Promotional Material required by us to provide approval under clause 5.1 including samples of any products that the Trade Marks are used in conjunction with.

o    5.3 You acknowledge and agree that any approval by us for your use of the Trade Marks is given by us subject to your compliance with these Terms of Use and does not constitute in any way a waiver of any of your obligations under this Terms of Use.

6. Legal and graphic requirements

o    6.1 All reproductions and incorporations of the Trade Marks must conform to our legal and graphic requirements as to the identity, appearance, size and positioning of the Trade Marks.

o    6.2 Without limiting clause 6.1, the product endorsement label (PEL) is available in 3colour options to allow the graphic to stand out on different backgrounds. Where possible, we require you to use the 2 colour white background logo. We will make the PEL available in a variety of file formats (which may include JPEG, PNG and EPS).When using the PEL online, we request that, where possible, you link the PEL, or provide a link next to the PEL, to http://www.Caesarstone.co.nz.

o    6.3 When referring to Caesarstone® you must use the trade mark as a single word with capital “C’’ (as in “Caesarstone’’) and that the symbol for a registered trademark ("®") is at the conclusion of the word.

o    6.4 You may apply for use of Caesarstone® Colour Swatches and Caesarstone® images via marketing@Caesarstone.co.nz. Your use of these materials and any other materials you receive via this method is subject to these Terms of Use. Without limiting clause 6.1, you must credit all Caesarstone® Colour Swatches and Caesarstone® images (including photography) to Caesarstone® in conjunction with the colour code and name (for example. "Courtesy of Caesarstone® 2141 Snow").

7. Title and registration of Trade Marks

o    7.1 You acknowledge our title to the Trade Marks and the validity of the Trade Marks and agree not to take any action, or assist any person to take any action, which would or might:

§  (a) invalidate or put in dispute our title;

§  (b) oppose any application for registration of the Trade Marks or invalidate any registration of the Trade Marks;

§  (c) support an application to remove any Trade Mark as a registered trade mark; or

§  (d) cause any Registrar of Trade Marks to require a disclaimer of a monopoly in any Trade Mark.

o    7.2 Nothing in these Terms of Use will be taken to transfer any of our rights in the Trade Marks (including intellectual property rights) to you.

o    7.3 You agree that your usage of the Trade Marks and any goodwill established will be to our exclusive benefit.

o    7.4 You must not register, attempt to register or use any of the Trade Marks or any mark which is deceptively similar or substantially identical to any Trade Mark in your own name as proprietor.

o    7.5 The revocation or expiry of any rights in the Trade Marks will not affect the validity of these Terms of Use.

8. Termination and expiry of licence

o    8.1 We may immediately terminate these Terms of Use at any time at our sole discretion and without prior notice.

o    8.2 On termination of these Terms of Use, all rights granted to you will terminate and all rights in and to the Trade Marks will revert to us without further action or notification by us or you.

o    8.3 Exercise of any right under this clause 8 does not prejudice any right to damages or other remedy we may have against you for breach of these Terms of Use

o    8.4 This clause 8 and clause 7 survive termination or expiry of these Terms of Use.