| COBRA
POWERSPORTS ("COBRA") SPECIAL PROGRAM LOGOS & IMAGES PERMISSION
(FOR AUTHORIZED COBRA DEALERS)
PLEASE READ THE TERMS AND CONDITIONS
OF THIS AGREEMENT CAREFULLY. BY CLICKING ON THE "ACCEPT" BUTTON,
BELOW, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AS
OF THE DATE YOU CLICK THE "ACCEPT" BUTTON. IF YOU DO NOT AGREE
TO ALL THESE TERMS, SELECT THE "DECLINE" BUTTON AT THE END OF
THIS AGREEMENT.
The COBRA POWERSPORTS ("COBRA")
SPECIAL PROGRAM LOGOS & IMAGES PERMISSION ("Agreement") is made
between Cobra Scooters, LLC ("COBRA") and you (individually, or
on behalf of your company as indicated by you on a webpage
provided by Cobra and related to this Agreement, "You") and is
made as of the date, following your acceptance, upon which Cobra
provides You with the appropriate logos and images for which You
qualify.
Thank you for your interest in
the Cobra Special Program Logo/Image for Authorized Dealers
("Logos & Images"). Cobra hereby grants to You permission to use
its Logos & Images only on your website and as pre-sale printed
collateral (e.g., newspaper advertising, company brochures,
business cards) for the sole purpose of advertising products
distributed by Cobra and for indicating that you are an
authorized dealer of Cobra and under the terms and conditions
set forth in this Agreement.
If you have any questions, or
have a proposed use that is not in strict conformance with this
Agreement, please contact Cobra.
1) The Logos & Images may be used
only to refer or relate to the product in which they relate
(e.g., Cobra Powersports, TGB, SGMW USA, and Peirspeed). Your
use of the Logos & Images inures solely to Cobra's benefit. You
agree to not change the logos, images, text or colors provided
by Cobra. You agree to use the Logos & Images only to positively
promote the brand names and products that are distributed by
Cobra: TGB, Cobra Powersports, SGMW USA and Peirspeed.
2) Your use of the Logos & Images
must be truthful and not misleading. You may not use the Logo to
imply any relationship with, or endorsement or sponsorship by,
Cobra that is not true. You may not use the Logos & Images in
connection with any disparaging statements about Cobra or its
products, or in any manner that may otherwise reflect poorly on
Cobra.
3) The Logos may not be a
predominant feature in your materials. This means (at a minimum)
that it must appear smaller than Your name, company name and/or
Your company logo, and it may not be displayed larger or more
prominently than other logos in your materials.
4) You must use artwork supplied
by Cobra or its designated agent. You may not alter the Logos &
Images in any way. The Logos must appear by itself; it may not
be combined with any other graphic or textual elements and may
not be used as a design element of any other logo or trademark.
5) Unless required to use a more
specific legend by any agreement you may have with Cobra, You
agree to use the following legend on the page where the Logo
appears (except on business cards): "Cobra Powersports, TGB,
Peirspeed, SGMW USA are trademarks or registered trademarks of
Cobra Scooters, LLC in the United States and other countries."
6) Your use of the Logos & Images
is subject to Cobra's approval of Your materials in which the
Logos & Images appears. Upon request from Cobra, You must
provide to Cobra samples showing Your current use of the Logos &
Images, and written evidence of Your compliance with this
permission Agreement.
7) You acknowledge Cobra's rights
in the Logos & Images, and agree not to adopt, use, register, or
attempt to register anywhere in the world any name, trademark,
logo, copyrighted image, or similar designation that is
confusingly similar to the Logos. You will acquire no rights in
the Logos through Your use and shall take no action that may
harm the Logos or Cobra's interest in the Logos. If You do
happen to obtain rights in the Logos, You will assign those
rights to Cobra. You may not give the Logos to anyone else.
8) COBRA DISCLAIMS ALL WARRANTIES
REGARDING ITS LOGOS & IMAGES, INCLUDING WARRANTIES AGAINST
INFRINGEMENT OF THIRD PARTY RIGHTS AND ANY WARRANTIES THAT MAY
BE IMPLIED BY APPLICABLE LAW. COBRA DOES NOT GRANT ANY INDEMNITY
AGAINST INFRINGEMENT OR OTHER CLAIMS ARISING FROM YOUR USE OF A
COBRA LOGOS & IMAGES UNDER THIS AGREEMENT. YOU USE ANY SUCH
LOGOS & IMAGES AT YOUR OWN RISK, AND AGREE TO INDEMNIFY COBRA
AGAINST ALL CLAIMS AND LIABILITY THAT MAY ARISE FROM YOUR USE OF
ANY COBRA LOGO, EXCEPT TO THE EXTENT THAT SUCH CLAIM AND
LIABILITY IS BASED ON TRADEMARK INFRINGEMENT WHEN YOU HAVE USED
THE LOGO IN COMPLIANCE WITH THIS AGREEMENT.
9) Cobra reserves the right, at
any time and without cause, to withdraw any permission granted
in this Agreement to use the Logos & Images. Your permission to
use the Logos & Images will automatically terminate upon the end
of Your service as an Authorized Cobra Powersports Dealer which
includes TGB, SGMW, Peirspeed. Cobra reserves the right to take
action against any misuse or unfair, misleading, diluting, or
infringing use of Cobra's trademarks, copyrighted images, or
logos. Cobra may change the Logos & Images, or create new logos
or images to replace the Logos & Images currently in use. Upon
reasonable notice from Cobra, You shall promptly modify Your use
of the Logos & Images to conform to any such changed or new
Logos & Images specifications, such that You remain, at all
times, in compliance with this Logos & Images permission
Agreement.
10) You may not use the Logos &
Images on any materials that are in violation of any applicable
laws or governmental regulations.
11) Any failure by Cobra to
exercise promptly any right under this Agreement will not create
a continuing waiver or any expectation of non-enforcement.
12) This agreement shall be
governed by Texas law and controlling U.S. federal law. This
Agreement is the parties' entire agreement relating to its
subject matter, and it may not be modified unless in writing
signed by an authorized representative of each party.
Before filing your request to use
the Cobra Logos & Images, please carefully review the following
legal information governing your use of the logo. In submitting
this application for logo access and usage, you agree to the
Cobra Terms & Conditions and the Terms &
Conditions of this Agreement.
Additionally, you agree to follow
all graphic usage guidelines as provided by Cobra Scooters, LLC.
Any usage of the Logos & Images
is also governed by any existing agreements you have entered
into with Cobra Scooters, LLC. This agreement in no way
supersedes or alters the terms of those agreements.
PLEASE READ THE TERMS AND
CONDITIONS OF THIS AGREEMENT CAREFULLY. BY CLICKING ON THE
"ACCEPT" BUTTON, BELOW, YOU ACCEPT THE TERMS AND CONDITIONS OF
THIS AGREEMENT AS OF THE DATE YOU CLICK THE "ACCEPT" BUTTON. IF
YOU DO NOT AGREE TO ALL THESE TERMS, SELECT THE "DECLINE" BUTTON
AT THE END OF THIS AGREEMENT. IF YOU SELECT THE DECLINE BUTTON,
YOU WILL NOT RECEIVE THE APPROPRIATE BUTTON TO WHICH THIS
AGREEMENT RELATES. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF
OF A COMPANY, BY SO ACCEPTING, YOU ARE REPRESENTING THAT YOU ARE
AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY WITH AUTHORITY TO
MAKE THIS AGREEMENT.
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