1. Introduction. These CSCampus (“CSCampus”) Trademark Guidelines (the “Trademark Guidelines”) form an integral part of the Cubicstone Customer Agreement (the “Agreement”) between CSCampus, Inc. (“CSCampus,”, “Cubicstone”, “we,” “us” or “our”) and you or the entity you represent (“you”). These Trademark Guidelines provide you a limited permission to use the Cubicstone Marks (as defined in Section 2 below), in connection with your use of the Services (as defined in the Agreement), or in connection with software products designed to be used with the Services, on the terms set forth herein and in the Agreement, until such time as we may terminate such permission, which we may do at any time, in our sole discretion, as set forth in Section 4 below. The Cubicstone Marks are some of our most valuable assets and these Trademark Guidelines are intended to preserve the value attached to the Cubicstone Marks.
2. Definition. For the purposes of these Trademark Guidelines, "Cubicstone Marks" means the following trademarks, service marks, service or trade names, logos, product names, or designations of Cubicstone and its affiliates: (i) the "Powered by Cubicstone” logo; and (ii) “Cubicstone”, “Admissions Cube", “Bus Square", “Cubicstone Community Site“, “Cognitive Admissions”, and any other Cubicstone Marks and Services made available from time to time.
3. Limited Permission. Provided that you are an business partner in good standing with a current and valid account for use of the Services and provided, further, that you comply at all times with the terms of both the Agreement and these Trademark Guidelines, we grant you a limited, non-exclusive, non-transferable permission, under our intellectual property rights in and to the Cubicstone Marks, and only to the limited extent of our intellectual property rights in and to the Cubicstone Marks, to use the Cubicstone Marks for the following limited purpose, and only for such limited purpose: you may utilize the Logo or the appropriate form(s) of the “for” or equivalent naming convention or URL naming convention, as set forth in Section 9 below, to: (i) identify Your Content (as defined in the Agreement) as using the Services. Without limitation of any provision in the Agreement, you acknowledge that any use that you elect to make of the Cubicstone Marks, even if permitted hereunder, is at your sole risk and that we shall have no liability or responsibility in connection therewith. Your limited permission to use the Cubicstone Marks is a limited permission and you may not use the Cubicstone Marks for any other purpose. You may not transfer, assign or sublicense your limited permission to use the Cubicstone Marks to any other person or entity. Your use of the Cubicstone Marks shall comply with: (i) the most up-to-date versions of the Agreement and these Trademark Guidelines; and (ii) any other terms, conditions or policies that we may issue from time to time to govern use of the Cubicstone Marks. Your limited permission to use the Cubicstone Marks hereunder shall automatically terminate and you must immediately stop using the Cubicstone Marks if at any time: (i) the Agreement is terminated; (ii) Your Content no longer uses any of the Services, or your software product cannot be used with any of the Services, as applicable; or (iii) you cease to be a registered Cubicstone partner.
4. Modification and Termination. You understand and agree that, without prior notice to you and at our sole discretion: (i) we may modify these Trademark Guidelines at any time; (ii) we may modify or terminate your limited permission to use the Cubicstone Marks, at any time in our sole discretion, for any reason or for no reason at all; and (iii) we reserve the right to take any and all actions including, without limitation, legal proceedings, against any use of the Cubicstone Marks that does not comply with the terms of the Agreement or these Trademark Guidelines.
5. No Affiliation or Endorsement. You will not display the Cubicstone Marks in any manner that implies that you are related to, affiliated with, sponsored or endorsed by us, or in a manner that could reasonably be interpreted to suggest that Your Content, web site, product or service, has been authored or edited by us, or represents our views or opinions.
6. No Disparagement. You may only use the Cubicstone Marks in a manner designed to maintain the highest standard, quality and reputation that is associated with the Cubicstone Marks and you will not use the Cubicstone Marks to disparage us or our products or services.
7. No Dominant Display; Cubicstone Mark Differentiation. You may not display any Cubicstone Mark as the largest or most prominent trademark in any materials (including, without limitation, any web site or product literature) associated with Your Content, software tool or other software application. When using any Cubicstone Mark (other than the Logo, with respect to which the formatting requirements are set forth in Section 8 below, or in a URL), you must distinguish the Cubicstone Mark from the name of Your Content and/or other surrounding text by capitalizing the first letter of the Cubicstone Mark, capitalizing or italicizing the entire Cubicstone Mark, placing the Cubicstone Mark in quotes, or using a different style or color of font for the Cubicstone Mark.
8. Formatting Requirements with Respect to the “Powered by Cubicstone” Logo.
a. No Modification. We will make the Logo image available to you from the co-marketing page in the Cubicstone Site. You may not remove, distort or modify any element of the Logo; provided however, you may transform the file format itself, for ease of use.
b. Color. The Logo may be represented in either of the following formats: (i) black type with yellow blocks; or (ii) white type with white blocks. No alternate color representation or combination will be acceptable.
c. Spacing. The Logo must appear by itself, with reasonable spacing (at least the height of the “Powered by Cubicstone” logo) between each side of the “Powered by Cubicstone” logo and other graphic or textual elements.
d. Size. The Logo, indicates the minimum size at which you may display it to ensure that the type and trademark notations are legible. The minimum size for the “Powered by Cubicstone” logo shall be: Inches: 1.32” x 0.54” Pixels: 127×52, or Millimeters: 33.5×13.7.
e. Alt/Title Attribute. The Alternative Text (alt/title attribute of the image tag) should either be set to the following text or be left blank: “Powered by Cubicstone”.
9. Permissible Uses of the Cubicstone Marks. Except for the Logo (with respect to which the formatting requirements are set forth above), you may only use the Cubicstone Marks: (i) in a relational phrase using “for” or one of the limited number of equivalent naming conventions , as set forth below; or (ii) to the right of the top level domain name in a URL in the format set forth below.
• Relational Phrases.
10. Hyperlinking. You shall link each use of the Cubicstone Marks directly to the following URL, wherever technically feasible: http://cubicstone.com. You may, alternatively, link to an Cubicstone detail page for a Service used by Your Content, and if you do so, you must link to the primary URL for the Service. You may open the URL in a new browser window. You may not link the Cubicstone Marks to any web site other than the primary URL for the applicable Service. You may not frame or mirror any of our web site pages.
11. No Combination. You may not hyphenate, combine or abbreviate the Cubicstone Marks. You shall not incorporate the Cubicstone Marks into the name of your organization, or your services, products, trademark or logos. The foregoing prohibition includes the use of the Cubicstone Marks in the name of any application, service or product or in a URL to the left of the top-level domain name (e.g., ”.com”, ”.net”, ”.uk”, etc.). For example, URLs such as “cubicstone.mydomain.com”, “mycubicstone.net” or “cubiqstone.com” are expressly prohibited.
12. Attribution. You must include the following statement in any materials that include the Cubicstone Marks: “Cubicstone, the “Powered by Cubicstone” logo, [and name any other Cubicstone Marks used in such materials] are trademarks of CSCampus, Inc. or its affiliates in the United States and/or other countries.” In addition, the Cubicstone Marks must be designated with the “tm” notice as indicated in Section 2 of these Trademark Guidelines.
13. No Misleading Use. You may not display the Cubicstone Marks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable as determined by us in our sole discretion.
14. Trade Dress. You may not imitate the trade dress or “look and feel” of any of our web sites or pages contained in any of our web sites, including without limitation, the branding, color combinations, fonts, graphic designs, product icons or other elements associated with us.
15. Compliance with Law; Appropriate Activities. You may not use the Cubicstone Marks in any manner that violates any United States or foreign, federal, state, provincial, municipal, local or other, law or regulation. Without limiting the foregoing, or any provision in the Agreement, you may not display any Cubicstone Mark on your site if your site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.
16. Reservation of Rights. Except for the limited permission specified in Section 3 above, nothing in the Agreement or these Trademark Guidelines shall grant or be deemed to grant you any right, license, title or interest in or to any Cubicstone Mark or any of our or our affiliates’ other trademarks, service marks, trade names, logos, product names, service names, legends, other designations, or abbreviations of any of the foregoing. You acknowledge and agree that we and our affiliates retain any and all intellectual property and other proprietary rights in and to the Cubicstone Marks. All use by you of the Cubicstone Marks including any goodwill associated therewith, shall inure to the benefit of CSCampus.
17. No Challenges. You agree that you will not, at any time, challenge or encourage, assist or otherwise induce third parties to challenge the Cubicstone Marks (except to the extent such restriction is prohibited by law) or our registration thereof, nor shall you attempt to register any trademarks, service marks, trade names, logos, product names, service names, legends, domain names, other designations, or abbreviations of any of the foregoing, or other distinctive brand features that are confusingly similar in any way (including, but not limited to, sound, appearance and spelling) to the Cubicstone Marks.
18. Contact Information. If you have questions regarding your obligations under these Trademark Guidelines or questions about any Cubicstone Mark, please contact or write to us at: CSCampus, Inc., Attention: Trademarks, 22480 Lake rd. #12, Rocky River, OH.