Privacy Central Marks Usage Agreement

Last Updated: March 13, 2019

This Privacy Central Marks Usage Agreement (“Agreement”) sets out the legal terms governing your ability to use the Privacy Central name, logo, and other registered or unregistered Privacy Central trademarks and service marks owned by Privacy Central and its affiliates (“Privacy Central Marks”) to let your customers know that Privacy Central (“we”, “us”, “our”) provides services for your business. A list of the Privacy Central Marks available for use can be found on our Logos and Resources page. This Agreement supplements, and is governed by, your agreement with Privacy Central for the use of Services provided by Privacy Central (“Services Agreement”). Your Privacy Central Agreement is the Privacy Central Commerical Services Agreement, unless you and we agree to substitute a different agreement. Terms used but not defined in this Agreement, such as “Privacy Central” and “Services”, have the meanings given in the Services Agreement.

You may not use any Privacy Central Marks without having agreed to abide by all of the terms and conditions in this Agreement, and unless you do so in accordance with this Agreement.

1. Permission to Use Privacy Central Marks

Privacy Central Marks are important assets of Privacy Central’s business and are protected by US and international laws. You are licensed to use the Privacy Central Marks as described in this Agreement on a non-exclusive, non-transferable basis on websites or applications that utilize the Services (as defined in the Services Agreement). However, your use is subject to the terms set out in this Agreement, and we may terminate your license via (i) our absolute ability to supervise, monitor, and revoke your license at any time and at our discretion, or (ii) your non-use or cancellation of the Services. Upon termination of the license, you agree to promptly remove any Privacy Central Marks from any websites or applications, or other material within a reasonable time.

2. Proper Use of Privacy Central Marks

Proper Use: You may only use the Privacy Central 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 services. All Privacy Central Marks should directly link to our homepage at https://www.privacycentral.com. Where only the Privacy Central name or logo is used, as opposed to the “Powered by Privacy Central” or “Connect with Privacy Central” logos, we ask that you provide proper trademark attribution crediting ownership of the Privacy Central Marks to us, such as:

The Privacy Central name and logos are trademarks or service marks of Privacy Central, Inc. or its affiliates in the U.S. and other countries. Other names may be trademarks of their respective owners.

Brand Guidelines: We may also provide you with style or usage guidelines describing such things as size, color, or relative placement of Privacy Central Marks. You may only use the Privacy Central Marks consistent with those guidelines except where we expressly agree otherwise with you in writing. You will update your use of the Privacy Central Marks to conform to changes in the guidelines within a reasonable time after we provide you notice of the change.

Attribution: The TM or SM Symbol should be prominently displayed in conjunction with any Privacy Central Mark being used, unless otherwise directed by us to use the ® symbol. All Privacy Central Marks used should directly hyperlink to the Privacy Central home page located at https://www.privacycentral.com.

Privacy Central Verified Partners: If you are a Privacy Central Verified Partner (as defined in the Privacy Central Partner Program Agreement) in good standing, you may place the Privacy Central Verified Partner badge (provided to you by Privacy Central) prominently on the homepage of your website. The Privacy Central Verified Partner badge should directly link to your Works with Privacy Central page (i.e., https://www.privacycentral.com/home/workswith/[your name]). Any other use of the Privacy Central Verified Partner badge is subject to our prior written consent, and your use of the Privacy Central Verified Partner badge must otherwise be in accordance with the terms of this Agreement. Your status as a Privacy Central Verified Partner is governed by the Privacy Central Partner Program Agreement.

3. Impermissible Uses of Privacy Central Marks

You may not display, copy, modify, transmit or otherwise use the Privacy Central Marks except as described in this Agreement, the guidelines, or otherwise agreed in writing by Privacy Central. You may not use the Privacy Central Marks to show Privacy Central or the Services in any disparaging or derogatory light, or in any way that may be damaging to our brand or to our interests in the Privacy Central Marks.

You may not use the Privacy Central Marks to imply endorsement by Privacy Central of your products or services, or in a manner that causes customer confusion. You may not misrepresent your relationship with Privacy Central, or use the Privacy Central Marks in any manner that is misleading. You may not use the Privacy Central Marks in relation to goods or services that are unrelated to the Services. In addition to any other right that we may have to enforce the terms of this Agreement, you must promptly comply with any request that we make for you to cease a use of the Privacy Central Marks that we determine is non-compliant with this paragraph.

In addition to protecting the Privacy Central Marks, it is important to us that you maintain an independent brand. Even where use of Privacy Central Marks is permitted, we suggest that you prominently use your own marks in a manner that makes your brand or any other descriptor of your goods/services clearly distinguishable from that of Privacy Central’s. For example, “Foo Analytics for Privacy Central” or “Bar Analytics powered by Privacy Central” are acceptable and emphasize your brand; but “Privacy Central Analytics”, “Privacy Central for Platforms”, or “Privacy Centrallytics” are unacceptable and emphasize the Privacy Central Marks. You may not use the Privacy Central Marks or any confusingly similar name or trademark with your product, service, company, or domain name. For instance, you may not use names like “Privacy Central Business Services”, “Privacy Central for Platforms” or domains like “getprivacycentral.com.”

4. No Warranties

As part of this Agreement, we do not make any representations regarding your use of Privacy Central Marks. We disclaim all warranties, express and implied, including any warranties of non-infringement.

5. Your Liability For Third-Party Claims

You will indemnify Privacy Central, its affiliates, and their respective employees and agents (each a “Privacy Central Entity”) against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against a Privacy Central Entity that results from your impermissible use of any Privacy Central Marks, as described in Section 3 above, including any third party Claims based on trademark or copyright infringement, dilution, passing off, counterfeiting, or unfair competition. You will also responsible for, and will fully reimburse the Privacy Central Entities for, any liability incurred by the Privacy Central Entities in connection with such Claims.

You will fully cooperate with the Privacy Central Entities by providing reasonable assistance, authority, information, and resources where applicable, in order to assist with the defense of the Claims described in the previous paragraph. You recognize Privacy Central’s authority to control any defenses or responses against any such Claims, and you agree to cooperate with any Privacy Central Entity that wishes to assert such authority.

6. Contacting Us

If you have any questions about this Agreement, please don’t hesitate to contact us at trademarks@privacycentral.com.

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 Privacy Central Marks. We may terminate this Agreement at any time 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 into this Agreement 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.



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