EyeClick Mark Usage Policy and Guidelines
This page contains the binding terms and conditions under which an EyeClick distributor, reseller, or agent (collectively referred to as the "Licensee") may use certain trademarks, trade names, service names and logos owned by EyeClick, as listed below (collectively, the "Marks").
The purpose of this document is to prevent dilution or other damage to EyeClick's intellectual property rights in the Marks, and EyeClick will take all legal actions as necessary to defend its rights in the Marks.
EyeClick reserves the right to update the contents of this document from time to time, at its discretion. The updated and binding version of this document is the one found at EyeClick's website at any time.
For any questions regarding permitted and forbidden usage under EyeClick's mark usage policy and guidelines, please contact us.
List of Marks:
7. MAGIC SELLS.
Licensee may use the Marks, and images of EyeClick products, for the sole purpose of identifying and promoting EyeClick products, solely as necessary for performing Licensee's obligations under any agreement with EyeClick.
Whenever the Marks, or images of EyeClick products, appear in any media created by Licensee or under its control (including web sites, marketing materials, presentations etc.), Licensee shall incorporate and utilize all of the following guidelines:
1. Marks identifying EyeClick (including the company name and logo, and the applicable product names) shall appear near to and in conjunction with any images of EyeClick products, in a manner which clearly identifies the product as an EyeClick product in the eyes of a reasonable observer.
2. No EyeClick product may be rebranded, explicitly or implicitly (by removal, alteration, or replacement of its Marks or other identifying features or by the addition of new marks unauthorized in advance by EyeClick for using in conjunction with its products).
3. The Marks may not be used in a way that is misleading or confusing; defamatory, libelous, obscene, infringing or otherwise objectionable; or that implies association with products, services or entities unrelated to EyeClick.
4. At least after the first occurrence of each of the Marks, the applicable one of the following symbols shall appear: ™ or ®.
5. In any material in which the Marks appear, the following attribution notice will be added with respect to all applicable Marks: "… are trademarks of EyeClick Ltd., and used by permission of EyeClick Ltd.".
6. All Marks must incorporate the exact and consistent style, type specifications and capitalization as instructed by EyeClick, without any variations of same.
7. The first use of a Mark in text must be followed by the common generic name of the applicable product (e.g., “The EyeStep™ interactive floor display…”).
8. Licensee shall not use any Mark as a verb, in plural or possessive form, and will not combine Marks with other marks or other words to form new trademarks.
9. Licensee shall do nothing to impair EyeClick's complete ownership and control of the Marks, in any way. Licensee will not use the Marks to indicate or imply in any way that it is part of EyeClick, or that EyeClick has any ownership interest in Licensee. Licensee shall not use or register any Mark, nor any portion or variation thereof, as its business name, trade name, commercial name, trademark or service mark.
10. Any use of the Marks and any goodwill created there from shall inure to the benefit of EyeClick.
11. Licensee shall follow all other applicable marketing and legal trademark guidelines of EyeClick, as may be updated from time to time. EyeClick shall have discretion to evaluate Licensee's use of the Marks and to decide whether that use violates any of the foregoing restrictions.
12. Licensee will make any changes to its use of the Marks as requested by EyeClick within 7 (seven) days of being requested to do so by EyeClick. This remedy is in addition to any other legal remedies to which EyeClick may be entitled in relation to Licensee's unauthorized use of Marks.