ShopforMuseums.com Name, Logo, Slogan, Web Link and Marketing Material Usage Agreement.

ShopforMuseums.com 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.

Ownership: The 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.

ShopforMuseums.com 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.

The ShopforMuseums.com 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 prohibited.

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.

The ShopforMuseums.com 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 ShopforMuseums logos.

Hold Harmless 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 and/or have any questions regarding the terms of use and conditions of this agreement, please contact ShopforMuseums.com at 315-652-5559 or CustomerService@ShopforMuseums.com