Trademark Policy

Last Modified on December 24, 2015

If you wish to use AdMarker's trade names, trademarks, service marks, logos, domain names, social media identifiers, or other distinctive brand features (collectively "AdMarker Marks," each a "AdMarker Mark"), our policy only allows you to use a subset of the AdMarker Marks solely in order to identify yourself or your website as a AdMarker publisher and only so long as such use is in compliance with this Trademark Use Policy ("Policy") and your actions are otherwise in compliance with the Agreement (as defined below), the Guidelines (as defined below), and any other agreements, guidelines, or policies incorporated by reference therein. Any use of the AdMarker Marks must be in accordance with this Policy and any violation of this Policy constitutes a material breach of the AdMarker Publisher Agreement, set forth athttp://www.AdMarker.com/publisher-agreement (the "Agreement") and into which this Policy has been expressly incorporated. Any use that does not comply with this Policy, the Agreement, or the Guidelines is not authorized and may, in AdMarker’s sole discretion, result in termination of the Agreement, your account, and your right to use the AdMarker Service (as defined in the Agreement) without any opportunity for reinstatement, or additional action.

 

License

AdMarker grants to you a revocable, limited and restricted, nonexclusive, nontransferable, nonassignable, royalty free license to use the AdMarker Marks identified in a list to be provided by AdMarker in the United States and any territory where a particular AdMarker Mark is registered (as set forth in the list to be provided by AdMarker) solely for the purpose of you identifying yourself or your website as a AdMarker publisher and only so long as such use is in compliance with this Policy and your actions are otherwise in compliance with the Agreement, the Guidelines, and any other agreements, guidelines, or policies incorporated by reference therein. You acknowledge that, as between you and AdMarker, AdMarker is the sole and exclusive owner of the AdMarker Marks and all goodwill therewith. You agree not to do anything inconsistent with AdMarker’s ownership of the AdMarker Marks, and that all uses of the AdMarker Marks shall inure to the benefit of AdMarker. You agree that all AdMarker Marks are provided on an “as is” basis and that you use them at your own risk.

 

Introduction

AdMarker is passionate about protecting our brand as the worldwide leader in making images interactive, but understands that publishers must be able to identify their publishing relationship with AdMarker. Notwithstanding the foregoing, AdMarker does not endorse its publishers or the content on their websites (each a "Site"), and cannot be identified as making such an endorsement or being affiliated with any Site or any Sites’ content. Furthermore, the AdMarker Marks cannot be associated with objectionable material, as set forth in AdMarker’s Publisher Guidelines, which may be found at http://www.AdMarker.com/guides (the "Guidelines").

AdMarker allows the AdMarker Marks only to be used as set forth in this Policy and for the specific purposes for which AdMarker has given explicit permission in writing. Other than making nominal use of the AdMarker Marks as set forth herein, you may not use the AdMarker Marks without first obtaining AdMarker’s written permission.

When you use any of the AdMarker Marks, you must always follow the Rules for Proper Usage included in this Policy. In addition, AdMarker may provide you with written requirements as to the size, typeface, colors, and other graphic characteristics of the AdMarker Marks. You must implement and ensure your compliance with these requirements before using the AdMarker Marks. If these requirements change, including any changes to terms of this Policy, you must implement those changes within a commercially reasonable timeframe.

Any questions about usage, requests for clarification or permission may be submitted to [email protected].

 

Trademark Basics

What is a trademark?

A trademark is a word, name, symbol, or device (or a combination thereof) that identifies the goods or services of a person or company and distinguishes them from the goods and services of others. Trademarks exist to help consumers identify, and companies publicize, the source of products and services. A trademark assures consumers of consistent quality with respect to those goods or services and aids in their promotion. When others use a company’s trademarks, consumers may become confused as to the source of products sold under that trademark.

Why is it important to use trademarks correctly?

Rights to a trademark can last indefinitely if the trademark owner continues to use the mark to identify its goods and services. If trademarks are not used properly, they may be lost and one of a company’s most important assets may lose all of its value. Rights may be lost not only because of a trademark owner’s improper use of the mark, but also through improper use of the trademark by the public.

 

Rules for Proper Usage

Things To Do

  • If you are using a AdMarker Mark, distinguish it from the surrounding text in some way. Capitalize the first letter, capitalize, bold, underline, or italicize the entire AdMarker Mark, place the AdMarker Mark in quotes, or use a different type style or font for the AdMarker Mark than for the generic name.
  • If you do not capitalize the entire AdMarker Mark, always spell and capitalize the AdMarker Mark exactly as shown in the list of AdMarker Marks provided by AdMarker.
  • Use the AdMarker Mark only as an adjective, never as a noun or verb, and never in the plural or possessive form.
  • Use a generic term following the AdMarker Mark, for example: AdMarker™ image applications, AdMarker™ advertisements, AdMarker™ application programming interface.
  • When using AdMarker’s logos, use only AdMarker-approved artwork, as AdMarker may designate from time-to-time in the list provided by AdMarker.
  • If you are using a AdMarker logo on your Site, there must exist a minimum spacing of 25 pixels between each side of the logo and other graphic or textual elements on your Site.
  • Unregistered AdMarker Marks, as set forth in the list provided by AdMarker, should be followed by the superscripted letters TM or SM to give notice that the company claims trademark rights in the term. Registered AdMarker Marks, as set forth in the list provided by AdMarker, should be followed by the symbol ® to identify the term as a registered trademark. In advertising copy, notice of trademark rights may be provided in a footnote format – e.g., by placing an asterisk adjacent to the AdMarker Mark and placing an appropriate notice at the bottom of the page on which the asterisk appears. Example: *AdMarker™ is a trademark of AdMarker, Inc.

Things You Can't Do

  • Do not modify the AdMarker Marks in any way. Do not remove, distort, or alter any element of a AdMarker Mark. That includes modifying a AdMarker Mark, for example, through hyphenation, abbreviation, or combination with any other word or words. Do not shorten or create acronyms out of the AdMarker Marks.
  • Don’t display a AdMarker Mark as the most prominent element on your Site.
  • Don’t display a AdMarker Mark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by AdMarker, or that can be reasonably interpreted to suggest that editorial content has been authored by, or represents the views or opinions of AdMarker or AdMarker personnel.
  • Don’t display a AdMarker Mark on any Site that contains or displays nudity, pornography, adult, or mature content, or material that otherwise appeals to the prurient interest, violent, graphic, or gory content, child abuse or molestation, content related to racial intolerance or advocacy against any individual, group, or organization, excessive profanity, hacking/cracking content, including any content that violates DMCA anticircumvention prohibitions, gambling or casino-related content, illicit drugs and drug paraphernalia content, sales of beer, malt liquor beverages, or hard alcohol, sales of tobacco or tobacco-related products, sales of prescription drugs, sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, or stun guns), trademark and copyright Infringements – e.g., Sites devoted to selling fake handbags or bootleg DVDs, or Sites promoting illegal file downloads, fake documents, and cheating services – content enabling a consumer to evade the law, education systems, or other good-faith arrangements, content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites, or reading emails, or any other content that is illegal, promotes illegal activity, or infringes on the legal rights of others.
  • Don’t display a AdMarker Mark in a manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to AdMarker, as shall be determined in AdMarker’s sole discretion, which determination shall be communicated to you at the contact information listed on your Site or at the WHOIS information in your Site’s domain name registration, including any contact information listed for an anonymous registration service.
  • Don’t display a AdMarker Mark on a Site that violates any law or regulation.
  • Don’t frame or mirror any AdMarker webpage, including but not limited to any portion of AdMarker.com.
  • Don’t incorporate AdMarker Marks into your own product name, service names, trademarks, logos, domain names, social media identifiers, or company names.
  • Don’t copy or imitate AdMarker’s trade dress, including the look and feel of AdMarker web design properties, including but not limited to any portion of AdMarker.com, brand packaging, distinctive color combinations, typography, graphic designs, product icons, or imagery associated with AdMarker.
  • Don’t adopt marks, logos, slogans, domain names, social media identifiers, or designs that are confusingly similar to any AdMarker Mark.
  • Don’t register any AdMarker Mark as second-level domain names.
  • Don’t use AdMarker Marks in a way that suggests a common, descriptive, or generic meaning.
  • Trademark rights vary from country to country. Some countries have penalties for improper use of the registration symbol. Therefore, don’t use the registration symbol (®) in association with a AdMarker Mark in any country where that AdMarker Mark has not been registered, as set forth in the list provided by AdMarker.

 

Linking

You may link to AdMarker’s website(s) only for the purpose of identifying you or your Site as a AdMarker publisher or for the purpose of identifying AdMarker as the source of an Image App or advertisement. This linking may only be performed by using the banners and buttons provided by AdMarker and subject to the restrictions set forth below:

Restrictions

Linking is only allowed if you:

  • Use one of the banners or buttons provided by AdMarker.
  • Follow this Policy.
  • Point the destination URL to the AdMarker.com.
  • Don't alter any AdMarker Marks, including the banners and buttons provided by AdMarker, except as expressly set forth below.
  • Don't do anything that might confuse visitors to your website into mistaking the source or origin of the website or content that they are viewing or downloading.

You may customize the banners and buttons provided by AdMarker only in the following ways:

  • Modify the background color of the banner or button.
  • Change the size of the banner or button.