1. Introduction. These PropelCLOUD LLC services (“PropelCLOUD”) Trademark Guidelines (the “Trademark Guidelines”) form an integral part of the PropelCLOUD Customer Agreement (the “Agreement”) between PropelCLOUD LLC. or its affiliates (“PropelCLOUD,” “we,” “us” or “our”) and you or the entity you represent (“you”). These Trademark Guidelines provide you a limited permission to use the PropelCLOUD Marks (as defined in Section 2 below), in connection with (as applicable): (a) your use of the Services (as defined in the Agreement), or in connection with software products designed to be used with the Services, or (b) as otherwise agreed with PropelCLOUD in writing, on the terms set forth herein and in the Agreement, until such time as we may terminate such permission, which we may do at any time, in our sole discretion, as set forth in Section 4 below. The PropelCLOUD Marks are some of our most valuable assets and these Trademark Guidelines are intended to preserve the value attached to the PropelCLOUD Marks.
2. Definition. For the purposes of these Trademark Guidelines, “PropelCLOUD Marks" means the following trademarks, service marks, service or trade names, logos, product names, or designations of PropelCLOUD and its affiliates: (i) the “Powered by PropelCLOUD" logo in the two forms shown below (the “Logo"); and (ii) “PropelCLOUD Managed Servers", “PropelCLOUD Compute", “PropelCLOUD Storage", “PropelCLOUD Archive”, and any other PropelCLOUD Marks and Services made available from time to time.
3. Limited Permission. Provided that you are (a) an PropelCLOUD developer in good standing with a current and valid account for use of the Services or (b) otherwise authorized by PropelCLOUD in writing, and provided, further, that you comply at all times with the terms of both the Agreement and these Trademark Guidelines, we grant you a limited, non-exclusive, revocable, non-transferable permission, under our intellectual property rights in and to the PropelCLOUD Marks, and only to the limited extent of our intellectual property rights in and to the PropelCLOUD Marks, to use the PropelCLOUD Marks for the following limited purpose, and only for such limited purpose: you may utilize the Logo or the appropriate form(s) of the “for” or equivalent naming convention or URL naming convention, as set forth in Section 9 below, to: (i) identify Your Content (as defined in the Agreement) as using the Services; or (ii) to identify software tools or applications that you create and distribute that are intended for use in connection with the Services. Without limitation of any provision in the Agreement, you acknowledge that any use that you elect to make of the PropelCLOUD Marks, even if permitted hereunder, is at your sole risk and that we shall have no liability or responsibility in connection therewith. Your limited permission to use the PropelCLOUD Marks is a limited permission and you may not use the PropelCLOUD Marks for any other purpose. You may not transfer, assign or sublicense your limited permission to use the PropelCLOUD Marks to any other person or entity. Your use of the PropelCLOUD Marks shall comply with: (i) the most up-to-date versions of the Agreement and these Trademark Guidelines; and (ii) any other terms, conditions or policies that we may issue from time to time to govern use of the PropelCLOUD Marks. Your limited permission to use the PropelCLOUD Marks hereunder shall automatically terminate and you must immediately stop using the PropelCLOUD Marks if at any time: (i) the Agreement is terminated; (ii) Your Content no longer uses any of the Services, or your software product cannot be used with any of the Services, as applicable; or (iii) you cease to be a registered PropelCLOUD developer.
4. Modification and Termination. You understand and agree that, without prior notice to you and at our sole discretion: (i) we may modify these Trademark Guidelines at any time; (ii) we may modify or terminate your limited permission to use the PropelCLOUD Marks, at any time in our sole discretion, for any reason or for no reason at all; and (iii) we reserve the right to take any and all actions including, without limitation, legal proceedings, against any use of the PropelCLOUD Marks that does not comply with the terms of the Agreement or these Trademark Guidelines.
5. No Affiliation or Endorsement. You will not display the PropelCLOUD Marks in any manner that implies that you are related to, affiliated with, sponsored or endorsed by us, or in a manner that could reasonably be interpreted to suggest that Your Content, web site, product or service, has been authored or edited by us, or represents our views or opinions.
6. No Disparagement. You may only use the PropelCLOUD Marks in a manner designed to maintain the highest standard, quality and reputation that is associated with the PropelCLOUD Marks and you will not use the PropelCLOUD Marks to disparage us or our products or services.
7. No Dominant Display; PropelCLOUD Mark Differentiation. You may not display any PropelCLOUD Mark as the largest or most prominent trademark in any materials (including, without limitation, any web site or product literature) associated with Your Content, software tool or other software application. When using any PropelCLOUD Mark (other than the Logo, with respect to which the formatting requirements are set forth in Section 8 below, or in a URL), you must distinguish the PropelCLOUD Mark from the name of Your Content and/or other surrounding text by capitalizing the first letter of the PropelCLOUD Mark, capitalizing or italicizing the entire PropelCLOUD Mark, placing the PropelCLOUD Mark in quotes, or using a different style or color of font for the PropelCLOUD Mark.
8. Formatting Requirements with Respect to the “Powered by PropelCLOUD” Logo. a. No Modification. We will make the Logo image available to you from the partner marketing page in the PropelCLOUD Site located at http://manage.propelcloud.co You may not remove, distort or modify any element of the Logo; provided however, you may transform the file format itself, for ease of use.
b. Spacing. The Logo must appear by itself, with reasonable spacing (at least the height of the “Powered by PropelCLOUD” logo) between each side of the “Powered by PropelCLOUD” logo and other graphic or textual elements.
c. Size. The Logo, as shown in Section 2 of these Trademark Guidelines, indicates the minimum size at which you may display it to ensure that the type and trademark notations are legible. The minimum size for the “Powered by PropelCLOUD” logo shall be: Pixels: 209 × 60.
9. Permissible Uses of the PropelCLOUD Marks. Except for the Logo (with respect to which the formatting requirements are set forth above), you may only use the PropelCLOUD Marks: (i) in a relational phrase using “for” or one of the limited number of equivalent naming conventions, as set forth below; or (ii) to the right of the top level domain name in a URL.
10. Hyperlinking. You shall link each use of the PropelCLOUD Marks directly to the following URL, wherever technically feasible: http://manage.propelcloud.co. You may, alternatively, link to an PropelCLOUD detail page for a Service used by Your Content, and if you do so, you must link to the primary URL for the Service. You may open the URL in a new browser window. You may not link the PropelCLOUD Marks to any web site other than the primary URL for the applicable Service. You may not frame or mirror any of our web site pages.
11. No Combination. You may not hyphenate, combine or abbreviate the PropelCLOUD Marks. You shall not incorporate the PropelCLOUD Marks into the name of your organization, or your services, products, trademark or logos. The foregoing prohibition includes the use of the PropelCLOUD Marks in the name of any application, service or product or in a URL to the left of the top-level domain name (e.g., ”.com”, ”.net”, ”.uk”, etc.).
12. Adwords. PropelCLOUD and its affiliates are unable to provide a blanket authorization for use of our trademarks via the Google Adwords program. As long as your situation fits within Google’s “Reseller and information site policy”, you should be able to use the PropelCLOUD trademarks in a fair use way within your adcopy without our formal authorization.
13. Attribution. You must include the following statement in any materials that include the PropelCLOUD Marks: “PropelCLOUD Servers, the “Powered by PropelCLOUD” logo, [and name any other PropelCLOUD Marks used in such materials] are trademarks of Propel Cloud LLC or its affiliates in the United States and/or other countries."
14. No Misleading Use. You may not display the PropelCLOUD Marks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable as determined by us in our sole discretion.
15. Trade Dress. You may not imitate the trade dress or “look and feel” of any of our web sites or pages contained in any of our web sites, including without limitation, the branding, color combinations, fonts, graphic designs, product icons or other elements associated with us.
16. Compliance with Law; Appropriate Activities. You may not use the PropelCLOUD Marks in any manner that violates any United States or foreign, federal, state, provincial, municipal, local or other, law or regulation. Without limiting the foregoing, or any provision in the Agreement, you may not display any PropelCLOUD Mark on your site if your site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.
17. Reservation of Rights. Except for the limited permission specified in Section 3 above, nothing in the Agreement or these Trademark Guidelines shall grant or be deemed to grant you any right, license, title or interest in or to any PropelCLOUD Mark or any of our or our affiliates’ other trademarks, service marks, trade names, logos, product names, service names, legends, other designations, or abbreviations of any of the foregoing. You acknowledge and agree that we and our affiliates retain any and all intellectual property and other proprietary rights in and to the PropelCLOUD Marks. All use by you of the PropelCLOUD Marks including any goodwill associated therewith, shall inure to the benefit of PropelCLOUD.
18. No Challenges. You agree that you will not, at any time, challenge or encourage, assist or otherwise induce third parties to challenge the PropelCLOUD Marks (except to the extent such restriction is prohibited by law) or our registration thereof, nor shall you attempt to register any trademarks, service marks, trade names, logos, product names, service names, legends, domain names, other designations, or abbreviations of any of the foregoing, or other distinctive brand features that are confusingly similar in any way (including, but not limited to, sound, appearance and spelling) to the PropelCLOUD Marks.
19. Contact Information. If you have questions regarding your obligations under these Trademark Guidelines or questions about any PropelCLOUD Mark, please contact or write to us at: PropelCLOUD LLC, Attention: Trademarks, 1100 White St SW Atlanta GA 30310.