© 2017 Almo Corporation. All rights reserved.
ALMO counts among its most valuable assets its trademarks and copyrighted materials. Protection of these intellectual property rights is a priority for ALMO. These Usage Guidelines for ALMO and Third Party Trademarks and Copyrighted Materials (“Usage Guidelines”) have been developed to provide guidance and to answer common questions about proper use of the licensed trademarks and copyrighted materials.
Prior to using any of ALMO’s trademarks, third party trademarks or copyrighted materials, please review these Usage Guidelines and Limited License (“License”). Any usage is strictly governed by the terms and conditions of the License and the Usage Guidelines.
The status of ALMO’s trademarks, third party trademarks and copyrighted materials is continually changing, and it may be necessary to revise the Usage Guidelines from time to time. You are responsible for assuring that your usage is in compliance with the most recent Usage Guidelines as set forth on that site. Trademarks and copyrighted materials must be used in compliance with the current Usage Guidelines. In event of any questions or if you are uncertain of the status of any marks or materials, please contact ALMO.
Any use of the licensed trademarks and copyrighted materials is at your own risk. ALMO does not warrant that use of ALMO’s trademarks, third party trademarks or copyrighted materials will not infringe the rights of others.
Introduction Please follow the Usage Guidelines carefully and completely. They are designed to ensure proper usage of ALMO trademarks and third party trademarks (those that are licensed by third parties to ALMO), and copyrighted materials. In addition, the Usage Guidelines contain terms and conditions of the License. You use of the Almo trademarks and third party trademarks and copyrighted materials constitutes acceptance of the License terms. Any usage that does not conform to the License provisions is strictly prohibited.
The Usage Guidelines will help you identify the correct formats for using ALMO and third party trademarks and copyrighted materials, the proper trademark notices using symbols ® or ™, the proper copyright designation using the symbol © and the appropriate ownership statement to accompany use of ALMO and third party trademarks and copyrighted materials.
The Usage Guidelines also provide information related to commonly asked questions about the proper use of ALMO and third party trademarks and copyrighted materials. For convenience, the Usage Guidelines reference trademarks, but the rules apply to service marks as well. A list of trademarks and copyrighted materials are available in the “Trademarks” section of this policy.
Terms and Conditions Definitions “Advertising and Promotional Materials” means those promotional materials created or used by Licensee which incorporate the Licensed Trademarks or Licensed Copyrighted Materials, whether in print, or electronic format.
“ALMO Copyrighted Materials” means any written Almo materials containing a copyright designation or otherwise identified as Almo copyrighted materials.
“ALMO Trademarks” means the trademarks owned by Almo and listed in the “Trademarks” listing of the Usage Guidelines.
“Licensee” or “you” means the third party entity using the Almo Trademarks and/or Copyrighted Materials in accordance with the provisions of the License.
“Licensed Copyrighted Materials” means the copyrighted materials used in connection with the products purchased from Almo by Licensee in connection with its business in accordance with the License.
“Licensed Territory” means the United States of America.
“Licensed Trademarks” means the Almo Trademarks and Third Party Trademarks used in connection with the products purchased or acquired from Almo by Licensee in connection with its business in accordance with the License.
“Publication” means any advertising or promotional materials, including printed materials, billboards, media communications in which Licensed Trademarks or Copyrighted Material appear.
“Third Party Trademarks” means the Trademarks licensed to ALMO by third parties listed in the Third Party Trademarks Listing section of the Usage Guidelines.
License The License is not an assignment or grant to Licensee of any right, title or interest in the Licensed Trademarks and Licensed Copyrighted Materials beyond the terms and conditions set forth in the License and Usage Guidelines. The License is personal to Licensee. Licensee may not assign or sublicense the License without the prior written consent of ALMO. Licensee shall only use the Licensed Trademarks and Licensed Copyrighted Materials in accordance with the current Usage Guidelines. Licensee shall check the current Usage Guidelines prior to using any Licensed Trademarks or Licensed Copyrighted Materials. ALMO may modify the Usage Guidelines from time to time without prior notice to Licensee. Licensee may only use the Licensed Trademark and Licensed Copyrighted Materials in connection with advertising, promoting and sale of the respective products purchased or acquired from Almo associated with the trademark or copyrighted material and in the format and with the notices set forth in the current Usage Guidelines. Licensee shall only use the Licensed Trademarks and Licensed Copyrighted Materials in the United States.
Licensee shall ensure that any third party advertising agencies, public relations firms or others that create or develop any publications, advertising, product sheets or other written materials which use Licensed Trademarks and Licensed Copyrighted Materials comply with the License and the Usage Guidelines.
Quality Control Licensee will only use Advertising and Promotional Materials that are of high quality and of such style and appearance as is reasonably necessary to maintain the substantial goodwill of ALMO and any applicable third party licensors. The Licensed Trademarks and Licensed Copyrighted Materials shall not be used in any manner which results in disparagement or misuse of the Licensed Trademarks or Licensed Copyrighted Materials.
ALMO reserves the right to reject any proposed use of Licensed Trademarks and Licensed Copyrighted Materials for any reason upon written notice to Licensee. ALMO may also reject any of the Advertising and Promotional Materials if, in its sole discretion, ALMO determines such material to be inaccurate, misleading, inappropriate, unlawful or of poor quality.
Trademarks Licensee shall use proper trademark notices and ownership statements with each use of the Licensed Trademarks as set forth in the Usage Guidelines. Licensee shall not use any Licensed Trademark as part of any name or mark of Licensee or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form, nor may Licensee use any Licensed Trademark in connection with the promotion or sale of any unauthorized services or products or in any manner not expressly authorized in writing by ALMO.
Licensee shall not register or seek to register any Licensed Trademark, or any variation thereof, as a trademark, service mark, domain name, or trade name. Any unauthorized use of the Licensed Trademarks shall constitute a breach of this License and an infringement of the rights of ALMO and applicable third parties in and to the Licensed Trademarks.
Copyrights Licensee shall use proper copyright notices and ownership statements with each use of the Licensed Copyrighted Materials as set forth in the Usage Guidelines. Any unauthorized copying, use, adaptation, reproduction, preparation of derivative works, distribution of copies (whether by sale or other transfer of ownership, or by rental, lease or lending), or attempts to recreate all or a portion of the Licensed Copyrighted Materials shall constitute a breach of this License and an infringement of the rights of ALMO and applicable third parties in and to the Licensed Copyrighted Materials.
Notification of Infringement and Claims Licensee shall immediately notify ALMO of any actual or apparent infringement of or challenges to any use of the Licensed Trademarks or Licensed Copyrighted Materials, or claim by any person of any rights in any Licensed Trademark or License Copyrighted Materials. ALMO shall have the sole discretion to take such action as it deems appropriate, and the right to control exclusively any settlement, litigation, arbitration, U.S. Patent and Trademark Office or other administrative proceeding arising out of any such alleged infringement, challenge or claim or otherwise relating to any Licensed Trademark or Licensed Copyrighted Material. Licensee agrees to do such acts and things as may, in the opinion of ALMO’s counsel, be necessary or advisable to protect and maintain the interests of ALMO in any litigation or other proceeding or to otherwise protect and maintain the interests of ALMO in the Licensed Trademarks and Licensed Copyrighted Materials.
Licensee’s Breach If Licensee breaches any of the terms or provisions of the License or the Usage Guidelines, including, but not limited to the use of Licensed Trademarks or Licensed Copyrighted Materials on unauthorized products of services or any attempt by Licensee to transfer to a third party the rights granted under the License herein, the License granted shall in all respects cease and terminate automatically, and Licensee shall have no further rights hereunder. In the event of a breach by Licensee, ALMO’s rights arising out of or in connection with any license from ALMO, or existing prior thereto, shall continue in full force and effect, including ALMO’s right to sue for damages caused to it by Licensee’s breach.
Indemnification Licensee shall defend, indemnify and hold ALMO harmless from any and all claims, losses, damages and expenses, including attorney’s fees and costs, resulting from Licensee’s use of the Licensed Trademarks and Licensed Copyrighted Materials or from Licensee’s breach of any of the terms of the License, regardless of the form of action.
If any legal action is necessary to enforce the terms of the License, ALMO shall be entitled to reasonable attorney’s fees and expenses in addition to any other relief granted to ALMO.
Miscellaneous No waiver or modification of any of the terms of the License shall be valid unless it is in writing. No waiver by either party of a breach hereof or a default hereunder shall be deemed a waiver by such party of any subsequent breach or default, whether of the same or similar nature.
This License and the Usage Guidelines contain the entire understanding of the parties with respect to use of the Licensed Trademarks and Licensed Copyrighted Materials and may only be modified in writing.
Almo may terminate the License granted hereunder at any time for any reason, or for no reason, by providing written notice to the other party. The License will terminate immediately in the event of any breach by Licensee of this License or the Usage Guidelines. When the License is terminated, Licensee shall immediately discontinue all uses of the Licensed Trademarks and Licensed Copyrighted Materials
Licensee shall not, without prior written consent of ALMO, assign, delegate, sublicense, pledge, or otherwise transfer the License. The License and any dispute arising hereunder shall be governed by and construed in accordance with the law of the Commonwealth of Pennsylvania.
Disclaimer of Warranty ALMO DISCLAIMS ANY WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO THE LICENSED TRADEMARKS AND LICENSED COPYRIGHTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY USE OF THE LICENSED TRADEMARKS AND LICENSED COPYRIGHTED MATERIALS BY LICENSEE IS AT LICENSEE’S OWN RISK. . Proper Trademark Use ALMO and Third Party Trademarks may be used solely for the following purpose: Advertising/Marketing - For use in print advertising, on billboards, in media communications and other similar or related advertising venues solely for marketing the products purchased or acquired from Almo.
The list for ALMO Trademarks and Third Party Trademarks shows the proper content, spelling, capitalization and font for ALMO Trademarks and Third Party Trademarks. Trademarks are proper adjectives used to identify and distinguish the goods and services of one company from those of another. When used in text, trademarks are set apart from the surrounding text, such as by initial or entire capitalization, by italicizing it, by using bold face text, by placing it in quotation marks, by using a different color, font, or typeface or by other distinguishing features.
All ALMO Trademarks and Third Party Trademarks must be used as they appear on the trademark list located in the “Trademarks” section of this Usage Guidelines. Do not vary the spelling, add or delete hyphens (even for normal hyphenation at the end of a line of text) on any trademark. Trademarks should be followed by the generic name of the product of service. They never should be used in place of the generic term for the products or services.
All uses of ALMO Trademarks must be approved by ALMO prior to any use. Please send all requests for approval of use of Licensed Trademarks, along with color renderings and/or samples of materials, prior to use, to:
ALMO Marketing Attn: Pam Baldwin 2709 Commerce Way Philadelphia, PA 19154 Email: [email protected] Allow a minimum of two (2) weeks for ALMO approval. Once the use has been approved in writing by ALMO, you may distribute your promotional materials in accordance with the License and Usage Guidelines. Approval for use of ALMO Trademarks is only valid for that use and in the approved media. Licensee must obtain ALMO approval in advance for any subsequent uses of ALMO Trademarks.
Trademark Notice (® or ™) ALMO Trademarks and Third Party Trademarks should always appear in a stylized form with the appropriate notice (® or ™). Every Licensee is required to use the appropriate notice (® or ™) as indicated in the “Trademarks” section of ALMO’s Web site (www.ALMO.com). Use of the appropriate trademark notice is important since such notice serves to notify others of trademark rights being claimed.
Ownership Statements An ownership statement must appear when using any ALMO Trademark. The statement should read: [List of ALMO marks used, whether registered or not, beginning with “ALMO,” and “the ALMO logo,” (if used), followed by any other marks in alphabetical order] are trademarks owned and/or registered by ALMO in the United States and/or other countries. Example: ALMO and the ALMO logo are trademarks owned and/or registered by ALMO in the United States.
Additional ownership statements are required if there is use of a Third Party Trademark. Refer to the section “Third Party Trademark Requirements” for details. The ownership statement need only appear once in each publication. If you have any questions about placement of ownership statements, please contact ALMO.
Logos A logo is a graphical design that may include text and other design elements. ALMO product signatures are logos created to identify products and technologies that are licensed to certain parties outside of ALMO, including independent vendors, partners, and customers and delears.
ALMO’s logos are trademarks and must be used in accordance with these Usage Guidelines. Under no circumstances may you modify, distort, change color, or add to ALMO’s logos. Use only graphics that have been supplied or authorized by ALMO.
Third Party Trademark Requirements Refer to the “Third Party Trademarks” section of these Usage Guidelies for a list of Third Party Trademarks and requirements for their use. Use of all Third Party Trademarks is subject to, and licensed ursuant to, any requirements, guidelines or procedures set out by such Third Parties on their respective websites governing the use of their trademarks. You are required to review and comply with all such websites, guidelines and requirements prior to any use of Third Party Trademarks.
Print Media Applications Artwork, Logos, Photographs Acquiring Media Files Media files for ALMO artwork, logos (typically Adobe® Illustrator® and Photoshop® software format) are available by request. Please contact Pam Baldwin ([email protected]) for more information.
Internet Web Media Applications Artwork, Logos, Photographs Acquiring Media Files Media files for ALMO artwork, logos and photographs (GIF - Graphic Interchange Format, and/or JPEG - Joint Photographic Experts Group, formatted images optimized for Internet Web use) are available by request.
An ownership statement must appear when using any Licensed Trademarks on an Internet Web site.
Almo Trademark Listing Almo® Keytone™ Birnbach™