ShopforMuseums.com Name, Logo,
Slogan, Web Link and Marketing Material Usage Agreement.
grants you (the “Museum Partner”)limited, nonexclusive, nontransferable,
royalty free permission to use the ShopforMuseums.com name, logos, slogan,
graphics, web link and marketing materials (“Materials”) solely in connection
with the advertising, marketing and promotion of the ShopforMuseums.com
fundraising program through your organization in accordance to the terms and
conditions stated below. You must agree to these terms in order to have access
to these materials. Any downloading, copying, publishing or other use of the
above said materials indicates your acceptance of these terms and conditions.
Nothing herein by implication or otherwise will grant you any rights other than
what is explicitly set forth in this agreement.
ShopforMuseums.com name, logos, slogan “Shopping Online With Purpose”,
graphics, web link and marketing materials are the exclusive property of
ShopforMuseums.com. ShopforMuseums.com retains the exclusive right to license
the use of these materials by Museum Partners, and has the right to alter or
restrict usage of these materials at any time.
Authorized Use of
Marketing Materials: Marketing Materials templates are provided for download
free of charge to Museum Partners in the Museum Partners Resources section of
the ShopforMuseums.com website. Museum Partners are authorized to download and
customize these materials or design their own materials to market and promote
the ShopforMuseums.com fundraising program through their organization, as long
as the original ShopforMuseums.com logo and slogan is printed intact on all
materials are made available to Museum Partners for use in good faith in order
to build the positive reputation of ShopforMuseums.com and the participating
Museum Partner’s organization. The Museum Partner agrees not to use the
ShopforMuseums.com name, logo, slogan and/or related materials in any way that
disparages ShopforMuseums.com, nor in association with any libelous,
defamatory, obscene or unlawful material, or in any way that otherwise
infringes on the rights of ShopforMuseums.com or any third party. The Museum
Partner also agrees that materials may not be used in any way that is false or
misleading or mischaracterizes the relationship between ShopforMuseums.com and
the Museum Partner. In it’s discretion, ShopforMuseums.com has the sole right
to restrict the use of materials by a Museum Partner, and/or remove a Museum
Partner completely from the ShopforMuseums.com website and fundraising program
for violation of this agreement.
Use of Logo and Slogan
Design Specifications: At least one of the ShopforMuseums.com logos and the
slogan “Shopping Online With Purpose” must clearly be shown on all graphic
style marketing materials (not including written copy) used to promote
ShopforMuseums.com, including all materials customized from templates
downloaded in the Museum Partners Resources section of the ShopforMuseums.com
website or designed by Museum Partners.
logo and slogan must appear in its original form and color, and may not be
altered in any way except to size the logo to fit a particular marketing
material piece, unless prior written consent has been provided by
ShopforMuseums.com. When sizing the logo, it must be done so by scaling
proportionately. Any changes that warp or alter the look of the logo are
The logo must be
printed in dark green or black on black and white themed materials. When
professionally printing materials, the standard PMS # 342C or standard black
ink must be used.
name, logos, slogan and graphics are protected by U.S. copyright law under a
servicemark. The servicemark indicator, “SM” is to be used on all
Agreement: All materials provided by ShopforMuseums.com to Museum Partners are
provided “as is” without warranty, nor guarantee of results of any kind. The
Museum Partner agrees to defend, indemnify and hold harmless
ShopforMuseums.com, including any of their officers, employees, agents, retail
affiliates and all other parties from any liabilities, obligations, losses,
costs, damages or expenses, including reasonable legal fees, arising from any
third party claims resulting from the Museum Partner’s use of
ShopforMuseums.com logo or other materials, any misrepresentation of
ShopforMuseums.com by a Museum Partner, or illegal or other behavior that
violates this agreement.
Any legal claims
arising out of this agreement shall be governed by the laws of New York State.
Each party submits to the jurisdiction of the state and federal courts of
Onondaga County, in the State of New York, and/or arbitration according to the
then current Commercial Arbitration Rules of the American Arbitration
Association. Arbitration will also take part in Onondaga County, in the State
of New York.
If you disagree with
agreement, please contact ShopforMuseums.com at 315-652-5559 or