DigiTar Trademark Use License

Transcription

1 DigiTar Trademark Use License Guidelines for Using DigiTar Trademarks and Copyrights These guidelines are for DigiTar licensees, authorized resellers, developers, customers, and other parties wishing to use DigiTar s trademarks, service marks, or images as defined in, but not limited to, DigiTar Trademark and Service Marks Appendix 2 hereto, in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of the keyboard ; DigiTar Logo for commercial purposes without the prior written consent of DigiTar may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of DigiTar trademarks may be prohibited, unless expressly authorized. If you are a licensee of a DigiTar trademark or logo and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines. If you are a DigiTar Authorized Reseller or member of a DigiTar program, you may be subject to additional restrictions. DigiTar s trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using an DigiTar trademark, in whole or in part, you are acknowledging that DigiTar is the sole owner of the trademark and promising that you will not interfere with DigiTar s rights in the trademark, including challenging DigiTar s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any DigiTar trademark. The goodwill derived from using any part of a DigiTar trademark exclusively inures to the benefit of and belongs to DigiTar. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please talk to your DigiTar representative or submit your query to DigiTar s Trademark Team (trademarks@digitar.com). Authorized Use of DigiTar Trademarks 1. Advertising, Promotional, and Sales Materials: Only DigiTar and its authorized resellers and licensees may use the DigiTar Logo in advertising, promotional, and sales materials. Such authorized parties may use the DigiTar Logo only as specified in their agreement with DigiTar and any associated Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with DigiTar. For example: Authorized Reseller Authorized Service Provider Authorized Licensee 2. Compatibility: Licensee may use DigiTar, Sentinel, Premiere, WebProtectMe, or any other DigiTar word mark (but not the DigiTar Logo or other DigiTar-owned graphic symbol/logo) in a referential phrase on packaging or promotional/advertising materials to describe that the third party product is compatible with the referenced DigiTar product or technology, provided they comply with the following requirements: a. The DigiTar word mark is not part of the product name. b. The DigiTar word mark is used in a referential phrase such as runs on, for use with, for, or compatible with. c. The DigiTar word mark appears less prominent than the product name. d. The product is in fact compatible with, or otherwise works with, the referenced DigiTar product. e. The reference to DigiTar does not create a sense of endorsement, sponsorship, or false association with DigiTar or DigiTar products or services. f. The use does not show DigiTar or its products in a false or derogatory light. Page 1

2 3. Publications, Seminars, and Conferences: You may use a DigiTar word mark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements: a. The use is referential and less prominent than the rest of the title. Acceptable: XYZ CONFERENCE for WebProtectMe Users. b. The use reflects favorably on both DigiTar and DigiTar products or technology. c. Your name and logo appear more prominent than the DigiTar word mark on all printed materials related to the publication, seminar or conference. d. The DigiTar logo or any other DigiTar-owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from DigiTar. e. A disclaimer of sponsorship, affiliation, or endorsement by DigiTar, similar to the following, is included on the publication and on all related printed materials: (Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by DigiTar Inc. f. A trademark attribution notice is included in the credit section giving notice of DigiTar s ownership of its trademark(s). Please refer to the section below titled Proper Trademark Notice and Attribution. 4. Web Sites: Web sites that serve only as noncommercial electronic informational forums concerning a DigiTar product or technology may use the appropriate DigiTar word mark, provided such use complies with the guidelines set forth in Section 3 above. 5. DigiTar Web Badge Licensing Program: Web sites may use one of the DigiTar Web Badges if the site uses or was created using DigiTar-branded products or services and you comply with the terms of the DigiTar Web Badges License Agreement and Guidelines. For more information see Appendix 1; DigiTar Web Badges. Unauthorized Use of DigiTar Trademarks 1. Company, Product, or Service Name: You may not use or register, in whole or in part, DigiTar, Sentinel, Premiere, WebProtectMe or any other DigiTar trademark, including DigiTar-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines. 2. DigiTar Logo and DigiTar-owned Graphic Symbols: You may not use the DigiTar Logo or any other DigiTarowned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from DigiTar, such as a reseller agreement. 3. Variations, Takeoffs, or Abbreviations: You may not use an image of a real DigiTar or other variation of the DigiTar logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a DigiTar trademark for any purpose. For example: Not acceptable: DigiTar web protect me WPM ; etcetera 4. Disparaging Manner: You may not use a DigiTar trademark or any other DigiTar-owned graphic symbol, logo, or icon in a disparaging manner. 5. Endorsement or Sponsorship: You may not use DigiTar, Sentinel, Premiere, WebProtectMe or any other DigiTar trademark, including DigiTar-owned graphic symbols/logos, or icons, in a manner that would imply DigiTar s affiliation with or endorsement, sponsorship, or support of a third party product or service. 6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing DigiTar, Sentinel, Premiere, WebProtectMe or any other DigiTar trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from DigiTar. Page 2

3 7. DigiTar s Trade Dress: You may not imitate the distinctive DigiTar packaging, web site design, logos, or typefaces. name. 8. Slogans and Taglines: You may not use or imitate a DigiTar slogan or tagline. For example: Protected Alerted Informed. 9. Domain Names: You may not use an identical or virtually identical DigiTar trademark as a second level domain Not acceptable: wpm.com wpm.org webprotect.me webprotect.com ; etcetera 10. Corporate Names: Your name does not suggest a false association with DigiTar. Your name is not confusingly similar to any trademark owned or used by DigiTar. You acknowledge that DigiTar is the sole owner of the DigiTar word trademark and that you will not interfere with DigiTar s use or registration of DigiTar alone or in combination with other words. If you are a DigiTar Authorized Reseller or member of a DigiTar Licensee program, you may be subject to additional restrictions. Rules for Proper Use of DigiTar Trademarks 1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service. 2. As adjectives, trademarks may not be used in the plural or possessive form. Correct: I bought two WebProtectMe services. Not Correct: I bought two WebProtectMes. 3. An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that. For a list of suggested generic terms see the DigiTar Trademark List. 4. Always spell and capitalize DigiTar s trademarks exactly as they are shown in the DigiTar Trademark List. Do not shorten or abbreviate DigiTar product names. Do not make up names that contain DigiTar trademarks. Proper Trademark Notice and Attribution 1. Distribution Within the United States Only a. On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (TM, SM, ) the first time the DigiTar trademark appears in the text of the advertisement, brochure, or other material. b. Refer to the DigiTar Trademark List for the correct trademark symbol, spelling of the trademark, and generic term to use with the trademark. Generally, the symbol appears at the right shoulder of the trademark. c. Include an attribution of DigiTar s ownership of its trademarks within the credit notice section of your product, product documentation, or other product communication. Following are the correct formats: _( )_ is a trademark of DigiTar Inc. and are registered trademarks of DigiTar Inc. and are trademarks of DigiTar Inc. 2. Distribution Outside the United States: a. Do not use trademark symbols on products, product documentation, or other product communications that will be distributed outside the United States. b. Use one of the following international credit notices: _( )_ is a trademark of DigiTar Inc., registered in the U.S. and other countries. Page 3

4 _( )_ is a trademark of DigiTar Inc. Depictions of DigiTar Products 1. Endorsement or Sponsorship: DigiTar does not support the use of its logos, company names, product names, or images of DigiTar products by other parties in marketing, promotional or advertising materials as their use may create the perception that DigiTar endorses or sponsors the product, service or promotion. 2. Compatibility: If you are a developer, you may show an image of a DigiTar product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the DigiTar product or technology, provided you comply with the following requirements: a. Your product is in fact compatible with, or otherwise works with, the referenced DigiTar product. b. The image is an actual photograph of the genuine DigiTar product and not an artist s rendering (Note: You must obtain express written permission from DigiTar before using any photograph owned or licensed by DigiTar). c. The DigiTar product is shown only in the best light, in a manner or context that reflects favorably on the DigiTar products and on DigiTar Inc. d. The reference to DigiTar does not create a sense of endorsement or sponsorship by, or other false association with, DigiTar or DigiTar products. For further information with respect to DigiTar s copyrights, please submit your request in writing to the Copyright Team. Page 4

5 Appendix 1 DigiTar Web Badges Overview The DigiTar technology web badges have been developed to enable you to endorse DigiTar and its products in the creation or delivery of content on the World Wide Web. Use these badges only if your web site uses or was created using DigiTarbranded hardware or software. Please follow these guidelines carefully. In doing so, you reinforce DigiTar s corporate and brand identities, while reaping the benefits of those identities. To download, click on the desired badge below Page 5

6 Usage guidelines Credit Lines: Use the appropriate credit line listed on the download page with each DigiTar technology web badge. Specimens: WebProtectMe is a trademark of DigiTar, Inc. ; DigiTar is a registered trademark of DigiTar, Inc. Background and Clear Space: Minimum space - Keep the area around the DigiTar technology web badges clean and uncluttered. Clear space should measure at least.5x on all sides, where x equals the height of the badge. Do not use the badges as design elements or incorporate them into any other design, graphic, illustration, or logo. The preferred background color for the DigiTar technology web badges is white or off-white. Avoid patterned backgrounds whenever possible. Using Web Badges Usage examples Make sure that DigiTar technology web badges are smaller than and in a clearly subordinate position to your web page title and company name or logo. Do not use the DigiTar technology badges in any way that might suggest that DigiTar endorses or is responsible for the content of your web site. The DigiTar and DigiTar technology web badges can be used only in the DigiTar approved versions. Send electronic artwork of proposed altered versions of a web badge to support@digitar.com for review and approval. Always use the approved electronic artwork provided. Do not alter it in any way. Do not animate, rotate, or otherwise distort any of the designs. Do not use more than one copy of a particular badge on a web page. Different DigiTar technology web badges can be used on the same page, as appropriate. These badges should be configured as active links back to DigiTar s corporate web site at or to specific DigiTar technology sites, as indicated. Do not link them to other pages on your web site or to third-party web sites. Page 6

7 Appendix 2 DigiTar Trademark List A trademark can be a word, phrase, symbol, or design that distinguishes the source of the goods or services. Also, as trade dress, it can be the appearance of a product or its packaging, including size, shape, color, texture, graphics, and appearance (e.g., on-line store or website). The following is a non-exhaustive list of DigiTar s trademarks and service marks. When using the marks in publications that will be distributed only in the United States, include the appropriate, SM, or symbol on first use. For publications that will be distributed outside the United States, do not include trademark symbols. Instead use the appropriate trademark attribution notice, for example: Sentinel and WebProtectMe are trademarks of DigiTar Inc., registered in the U.S. and other countries. The list also includes a suggested generic term for each trademark. For all publications, include an appropriate generic term after the trademark the first time it appears. Thereafter, the generic term should appear frequently with the trademark. (These generic terms are only suggestions, and there may be other words that are equally appropriate.) Trademarks are adjectives, and should not be made into verbs or made plural or possessive. For more information on how to use DigiTar s trademarks, refer to the document titled, Guidelines for Using DigiTar Trademarks, or contact the Trademark team. The absence of a product or service name or logo from this list does not constitute a waiver of DigiTar s trademark or other intellectual property rights concerning that name or logo. DigiTar s Trademarks / Service marks DigiTar Sentinel SentinelMessaging verisync edna SM / estrands TM / istat DSTA IntelliBLOCK SentinelWeb WebProtectMe GeoLoc WPMe MOBL SM Premiere DigiTarCare SM DigiTarUniversity SM DigiTar CyberSecCertified SM DigiTar iservices SM SafeArmor Generic Terms Cloud Solutions as a Service Provider SMTP / HTTP Analysis Engine Enterprise Processing solution Automated User Detection and Management Proprietary SMTP Processing Algorithms Dynamic Spam Trend Alignment Algorithms Directory harvest (DHA) blocking technology Enterprise Web Data Processing solution Residential Web Data Processing Solution Geographic Location Processing solution Abbreviated WebProtectMe nomenclature Mobile Services nomenclature Advanced ecommunications Hosting Facility service and support programs Web Based FAQ s Facility Cyber Security Alarm Certification services Internet Services Privacy Encryption Web Transfer Security Page 7

8 SPECIAL AND LICENSED TRADEMARKS AND/OR COPYRIGHTS Use the trademark notation shown here the first time the trademark is mentioned in text in U.S. publications. Include the credit line in all U.S and international publications in which the trademark is mentioned. OTHER DIGITAR PRODUCT OR SERVICE NAMES If a product or service name is not listed under DigiTar s Trademarks or DigiTar s Service Marks, it should not be followed by a, SM, or notation and should not be included in credit lines. However, if a product or service name includes DigiTar, or another DigiTar mark listed in this trademark list, apply the correct trademark symbol (, SM, or ) to that portion of the name for U.S. publications only. In addition, all DigiTar trademarks need to be given the correct attribution in the credit section of all U.S. and international publications. Examples: The DigiTar WebProtectMe certification is available via the DigiTar CyberSecCertified SM Service. DigiTar trademarks of DigiTar, Inc. are filed and/or registered in the U.S. and other countries. QUESTIONS If you have any questions or comments regarding the list, please contact the DigiTar Trademark team. This list includes updates as of May 28, Page 8