TERMS & CONDITIONS ABOUT OUR OFFERED SERVICES – CERTIFICATES – MARKS
EURO TOUR BOOKING LTD has launched a service providing certificates, marks and Awards of high quality branding & marketing value (hereinafter “Services”). Our marks are protected through our registered trademark by EUIPO No 018479914 “AUTHENTIC WORLD TASTE” on the following TM classes:
EN – 41 Organization of conferences, exhibitions and competitions; Ticket reservation and booking services for education, entertainment and sports activities and events; Conducting of conventions; Arrangement of conferences for recreational purposes; Arranging of award ceremonies; Arranging of award ceremonies to recognize achievement; Arranging, conducting and organization of conferences; Consulting services in the field of culinary competitions; Organization of competitions and awards.
EN – 42 Authentication services; Quality control and authentication services; Quality testing of products for certification purposes; Testing services for the certification of quality or standards; Testing, analysis and evaluation of the goods of others for the purpose of certification; Testing, analysis and evaluation of the services of others for the purpose of certification; Testing, analysis and evaluation of the goods and services of others for the purpose of certification; Certification [quality control]; Inspecting foods for the purpose of certifying the kosher quality thereof.
By submitting the special e-form application (AWT certification submission Request Form) a candidate/ applicant unconditionally accepts these presents terms as well as the terms of the Certification Mark License Terms.
AWT License(S) for any of AWT certifications, marks, badges or awards have no limitation of use in time (unless revoked for breach of the Certification Mark License Terms or else), but should bear a specific year indication; ie the year that they were granted.
Upon successful application of any interested party, EURO TOUR BOOKING LTD (ETBL) grants permission to use each certificate and/or mark under a limited license -AWT LICENSE/Certification Mark License Terms- set out below.
Each submission/ application is unique and does not renew or extend any previous submissions/applications, licenses, certifications, marks, badges or awards.
Upon granting a License, AWT and ETBL to that extend, have fully performed their contractual obligations towards the applicant. No further obligations arise out of / in relation to the Services provided by AWT/ETBL.
After the AWT LICENCE granted for any of its certificates - awards – marks - badges – e-logos – diplomas are “Restricted Use” and may be used only by the company or entity that has been endorsed-registered for the license and its “NAME” appears on the certification “DIPLOMA”. The licensee does not have the right to accredit-authorize-assign the AWT LICENCE to any third parties, products or services. Displaying the certification, logos or badges or marks on third parties products or services (other than those licensed) in the licensee website or any other website is strictly forbidden and will result: a) in the revocation of the AWT or any other certification or mark licensed by the Company, and b) in a compensatory action by the Company for full compensation.
Licensed users of our logos- badges – marks - awards and certificates have to respect the status of these logos- badges – marks - awards and certificates and must refrain from engaging in practices which may diminish their status or credibility.
Furthermore, practices such as changing/altering the logos, dates on marks and erasing part of the graphics even displaying them counterfeit (eg. half - split view) may harm the status of the certificates & marks and therefore are strictly forbidden and may give rise to Company claims for compensation including breach of intellectual property rights.
Unlicensed web sharing and web uploading of any awarded (licensed) certificates or marks in a way that seems awkward and misleading may harm (or downgrade) the validity of those certificates or marks and harm the Company reputation and therefore is prohibited.
In cases of unlicensed use or ill usage of any certification, mark, badge or award as those mentioned above, AWT reserves the right to engage into any legal or other action to protect its values and trademarks under national and international trademark and copyright laws and treaties throughout the world.
These Terms & Conditions are connected to the relevant email proposals – offers, made by our company to each user (client) and the last ones [e-proposals – e-mails – offers] stand valid as an annex to the Terms & Conditions each user (client) has been accepted in first place through signature forms and direct wire transfers indicating acceptance.
Any payments made during the evaluation of any application and final payments for rendered services are not refundable. Euro Tour Booking does not issue refunds for its Services.
LICENSED CERTIFICATES, BADGES, AWARDS OR MARKS ARE PRODUCT/ SERVICES TAILORED BY EURO TOUR BOOKING LIMITED – UNITED KINGDOM AND MAY BE LABELED AS “AUTHENTIC WORLD TASTE AWT”. These may be labeled as PRODUCT OF THE YEAR, BRAND OF THE YEAR, BEST FOOD CHOICE, BEST GLOBAL BRAND, CONSUMER’S CHOICE, SUPREME TASTE, EXCELLENT TASTE, GOLDEN CHOICE, DIAMOND CHOICE, NUTRITIONAL CHOICE, HEALTHY CHOICE, DAILY CHOICE, ATHLETE’S CHOICE, HAPPY CHOICE, FAMILY CHOICE etc.
AUTHENTIC WORLD TASTE® IS A REGISTERED TRADEMARK OWNED AND REPRESENTED BY EURO TOUR BOOKING LIMITED – A UK COMPANY (“THE COMPANY”).
TO THE FULLEST EXTENT PERMITTED BY LAW, AUTHENTIC WORLD TASTE® – AND EURO TOUR BOOKING LTD SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE/ USE THROUGH IT SUCH AS LICENSED CERTIFICATES, AWARDS, MARKS and BADGES.
AUTHENTIC WORLD TASTE® & EURO TOUR BOOKING LIMITED BEARS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES AND LICENSED CERTIFICATES, AWARDS, MARKS AND BADGES SOLD/GRANTED THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE OR USE OF OUR PRODUCTS OR SERVICES.
YOUR USE OF OUR WEBSITE AND USE OF ANY CONTRACTS OR SERVICES AND LICENSED CERTIFICATES, AWARDS, MARKS AND BADGES PURCHASED OR OFFERED BY AUTHENTIC WORLD TASTE® - EURO TOUR BOOKING LTD ARE AT YOUR OWN RISK.
ADDITIONALLY TO THE ABOVE IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THE WEBSITE MEET YOUR SPECIFIC REQUIREMENTS.
IN NO EVENT SHALL EITHER AUTHENTIC WORLD TASTE® & EURO TOUR BOOKING LTD OR THEIR AGENTS (LICENSED ASSESORS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS, PRODUCTS AND SERVICES PURCHASED AND LICENSED CERTIFICATES, AWARDS, MARKS AND BADGES GRANTED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES AND LICENSED CERTIFICATES, AWARDS, MARKS AND BADGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, AUTHENTIC WORLD TASTE® & EURO TOUR BOOKING LTD DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. THE CONTENT OF THE ABOVE MENTIONED WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
ALL TRADE MARKS REPRODUCED IN THIS WEBSITE WHICH ARE NOT THE PROPERTY OF, OR LICENSED TO THE OPERATOR ARE ACKNOWLEDGED ON THE WEBSITE.
UNAUTHORISED USE OF THE NOTED ABOVE WEBSITE MAY GIVE RISE TO A CLAIM FOR DAMAGES AND/OR BE A CRIMINAL OFFENCE.
You agree to defend, indemnify and hold AUTHENTIC WORLD TASTE® and EURO TOUR BOOKING LTD harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any Contracts, Products or Services OR LICENSED CERTIFICATES, AWARDS, MARKS AND BADGES you purchase/awarded through it.
AUTHENTIC WORLD TASTE® and EURO TOUR BOOKING LTD DOES NOT ACCEPT ANY RESPONSIBILITY for any damage pecuniary or other in relation to unauthorized publication and/ or unsolicited publication of any information (whether confidential or not) regarding the application and/ or the applicant in the process of/or during the use of any the Services offered by them.
AUTHENTIC WORLD TASTE® and EURO TOUR BOOKING LTD DOES NOT ACCEPT ANY RESPONSIBILITY for any damage pecuniary or other in relation to the evaluation of any application and/ or the applicant in the process of/or during the use of any the Products or Services offered by them.
AUTHENTIC WORLD TASTE® and EURO TOUR BOOKING LTD DOES NOT ACCEPT ANY RESPONSIBILITY for any third party reviews concerning applicants’/ licensee products or services in relation to the Services offered by AUTHENTIC WORLD TASTE® and EURO TOUR BOOKING LTD.
AUTHENTIC WORLD TASTE® and EURO TOUR BOOKING LTD DOES NOT ACCEPT ANY RESPONSIBILITY for any loss suffered by misrepresentations of any third parties in relation to counterfeit products or services offered by those parties or by malicious use of any of our products or services by third parties including but not limited to instances of phishing, spoofing or any other illegal methods used by hackers representing or misrepresenting our Company and its products or services.
Content and limitation of liability
The content of the Website is provided for informational purposes only and is intended merely to give a general overview of The Company.
Barring deliberate acts and/or mandatory legal provisions, The Company will in no event be held responsible for any use made of the content, Products and/ or Services. Neither will it be held liable for any loss or damage of any nature whatsoever (direct, special, indirect, consequential, material or immaterial, etc.) resulting from the use of or reliance on any information or Services obtained directly or indirectly from the use of any of the Services. The Company reserves the right to amend and update the Services at any time without prior notice.
Continuity of the Services
The Company is entitled to improve and revise the Website and the Services at any time, without prior notice.
The Company does not guarantee that the Services will be secure or free from bugs or viruses. The User acknowledges that the access of its Services is made at its sole risk. The Company does not assume any liability for any interference with or damage that may infect your computer equipment, software, data or other property on account for your access to, use of, downloading of or browsing in the Website. Users are encouraged to take appropriate and adequate precautions (such as having their own virus protection software) to ensure that whatever is selected from the Website is free of viruses or other contamination that may interfere with or damage the User’s computer system, software or data. Users are responsible for configuring their information technology, computer programs and platform in order to access the Website. Users may not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. Users may not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. Users may not attack the Website via a denial-of service (DOS) attack or a distributed denial-of service (DDOS) attack.
Intellectual property rights
Trademarks, service marks, medals, awards, images, text, page layout, labels and logos and all other components displayed on the Website are the property of The Company. Nothing contained on the Website should be construed as granting any license to use any trademark, service mark, labels or logo displayed on the Website without the express written permission of The Company. The Website and all its components may not be communicated, distributed, transmitted, broadcasted, sold or otherwise exploited without prior and written authorization from The Company. Any violation of the above restriction may constitute a violation of intellectual property rights punishable with imprisonment and fines, without prejudice to civil damages. The Company claims no copyright on any official document or documents in the public domain and presented on the Website. Copyright, if any, of third party material found on the Website should be respected; no rights are being granted.
Nullity of a provision
Waiver of rights
CERTIFICATION MARK LICENSE TERMS
These Certification Mark License Terms (“Certification Mark License Terms”) apply to any person or legal entity (“applicant” and/or “licensee”) and to those product(s) and/or services(s) that were successfully submitted (application) for certification through the Websites’ (“AWT***.com”) Request form (and those products or services) were successfully evaluated and were certified by Euro Tour Booking Limited a limited company incorporated in the UK with offices in Europe (“Licensor”/ “ETBL”) its assessors and/or AWT, and were granted a License to use the specific certification mark that was successfully accredited to their products or services.
By submitting the Request form through the Website, the user (who from then on is referred to as “applicant/ licensee”) fully and unconditionally accepts without any limitation or qualification the present Certification Mark License Terms and undertakes to comply with them.
If the user (or applicant/licensee) does not agree with these Certification Mark License Terms, he shall refrain from making any use whatsoever of the certification mark(s) accredited to their products or services. The Certification Mark Licence Terms constitute the entire and exclusive agreement between a user/applicant/ licensee and ETBL with respect to the use of the certification mark(s) accredited to any products or services. In case of a breach of these License Terms or of any other contractual obligation between the applicant/ licensee and ETBL, the latter reserves the right to refuse use/ revoke the license(s) of any ETBL/AWT certification mark accredited to that applicant/ licensee and/or its products or services (including, without limitation, access to the Website and use any of the products or services provided by ETBL) without prejudice to the right of ETBL or any third party to claim compensation for all direct or indirect damage sustained as a result of the breach.
WHEREAS, user/ applicant/licensee agrees that ETBL is the owner of all right, title and interest in the certification mark, which, subject to the terms and conditions of this Certification Mark License Terms, ETBL licenses certification mark(s) to successful applicants to designated Products and/or Services that ETBL has certified as compliant with ETBL’s standards for product or services marks (“Certification Marks”);
WHEREAS, Licensee has submitted a request form (application) and desires to obtain a license to use an applicable Certification Mark; and
WHEREAS, ETBL agrees to grant, and Licensee agrees to accept, a license to use an applicable Certification Mark, subject to the terms and conditions herein.
NOW, THEREFORE, in exchange for good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows:
a. “Certification” means the process in which Licensee has met all the requirements to qualify for the use of a Certification Mark on a specific product or service as set forth by AWT and ETBL, including payment of any applicable fees and ETBL authorization of the certification in writing.
b. “Certified Product or service” means the specific product, service, address or location (including web address) at which the Licensee’s products or services are provided and that the Licensee has submitted to ETBL, and which has been accepted by ETBL for Certification through the process set by AWT.
c. “Certification Mark(s)” means those certification marks (including certification marks, badges, awards) described and identified by AWT in the Website, and any additional certification marks, badges, awards ETBL may adopt in the future. ETBL reserves the right to update, replace, supplement, modify or revise the contents of the Website and update, replace, supplement, modify, revise, withdraw or cease any of its Products or Services;
d. “Effective Date” means the first date on which the License was granted by ETBL to a successful applicant in writing or email that the criteria for “ETBL Accepted” certification have been met;
e. “Licensed Certification Mark” means the specific Certification Mark licensed pursuant to this Certification Mark License Terms;
f. “Modification” means a modification to the Certified Product or service in a manner that results is more than an immaterial change to the features, functions or performance of the Certified Product or service.
2. Certification Mark License.
a. Grant. Subject to the present Terms, ETBL grants to Licensee a limited, non-exclusive, revocable, non-transferable, non-sublicensable, royalty-free, worldwide license to reproduce and use the Licensed Certification Mark on or in connection with the Certified Products or Services, subject to the AWT Trademark usage terms, which form a portion of this Certification Mark License and are included by this reference as if they had been restated here in their entirety. Licensee may not use or reproduce the Licensed Certification Mark in any manner other than as described in this Certification Mark License Terms and the AWT intellectual property (usage) terms. This present License includes the limited right to sublicense the use of the Licensed Certification Mark with prior written approval by ETBL and only for the limited purposes of allowing advertisers, promoters, and marketers to use the Licensed Certification Mark in promoting the Certified Product or service. The Licensed Certification Mark must be used only in a manner that accurately describes the Certified Product or Service. Except for the limited license herein, ETBL reserves all right, title and interest in and to the Certification Marks.
b. Certification Requirements for Modifications. Licensee shall not make any Modifications to the Certified Product or Service without first disclosing the Modifications in writing to ETBL and re-submitting the Certified Product or service for Certification at Licensee’s sole cost and expense if ETBL in its sole discretion determines that re-testing is warranted. Licensee may not use the Licensed Certification Mark on or in connection with Certified products or services containing modifications unless ETBL has confirmed continued Certification after review of the disclosed modifications and, if applicable, re-testing.
c. Duration. The license granted in this Certification Mark License Agreement is valid for a term commencing on the effective date as set forth in section 6.
e. Press Releases. Licensee shall not issue a press release or make any other public announcement without ETBL’s prior written approval regarding Licensee’s activities as an ETBL certification mark licensee, including but not limited to regarding any new project or program involving ETBL, first announcements of newly certified products, services, or future ETBL projects, plans or directions. For avoidance of ambiguity, Licensee does not need prior written approval from ETBL for promotional material or announcements regarding (i) Licensee’s own product or service information after ETBL certification is achieved and announced by ETBL, (ii) Licensee’s activities regarding such products or services, or (iii) Licensee’s own projects unrelated to ETBL. Licensee shall not make a press or other public announcement that names the identifies of any other ETBL member unless prior written consent is received from ETBL. Unless otherwise stated above, ETBL may make a press or other public announcement regarding any subject germane to its purposes and may identify Licensee as a member of the AWT.
f. Payment. Licensee will make the payments to ETBL and all sums shall be due and payable upon receipt of ETBL’s invoice.
3. Suspected Infringement.
Licensee agrees to immediately notify ETBL in writing of any suspected infringement of the Certification Mark(s) in any jurisdiction of which Licensee becomes aware. Licensee agrees to notify ETBL of any claims made against it, adverse to or conflicting with ETBL’s exclusive ownership of the Certification Marks. ETBL may, in its sole discretion, enforce its rights in the Certification Marks to stop unauthorized use of the Certification Marks, at its ETBL’s own expense, and will retain all recoveries thereby received.
4. NO WARRANTIES.
THE LICENSED CERTIFICATION MARK IS LICENSED “AS IS,” AND LICENSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS TO LICENSEE, CONSUMERS, AUTHORITIES OR ANY OTHER PERSONS OR ENTITIES WITH RESPECT TO THE MARK OR OTHERWISE REGARDING THIS LICENSE, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE.
ETBL DOES NOT IN ANY RESPECT WARRANTY THAT LICENSED UNDER THEIR CERTIFICATIONS, CERTIFICATION MARKS, BADGES OR AWARDS, PRODUCTS OR SERVICES ARE FIT, OR ELIGIBLE FOR ANY SATUTORY OR ANY OTHER COMPETENT AUTHORITY SET FORTH USE OR STANDARDS IN ANY JURISDICTION FOR A SPECIFIC USE OR PURPOSE INCLUDING BUT NOT LIMITED TO FOOD OR FOOD SERVICES LAWS, OR ANY OTHER LOCAL, NATIONAL OR INTERNATIONAL LAWS, BY LAWS OR STANDARDS, NOR DOES OFFER ANY EXPRESS OR IMPLIED WARRANTIES THAT LICENSED PRODUCTS OR SERVICES QUALIFY FOR A SPECIFIC USE OR PURPOSE INCUDING SUITABLITY FOR CONSUMPTION BY HUMANS.
5. LIMITATIONS ON LIABILITY.
ETBL ITSELF, ITS MEMBERS, AND THEIR RESPECTIVE LICENCED ASSESSORS HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, STATUTORY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCURRED BY ANY PARTY ARISING OUT OF OR RELATED TO ANY USE OR EXPLOITATION OR ANY ATTEMPTED USE OR EXPLOITATION OF ANY CERTIFICATION, MARK, BADGE OR LICENSE UNDER THIS CERTIFICATION MARK LICENSE TERMS.
ETBL ITSELF, ITS MEMBERS, AND THEIR RESPECTIVE LICENCED ASSESSORS ACCEPT NO RESPONSIBILITY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, STATUTORY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCURRED BY ANY PARTY ARISING OUT OF OR RELATED TO ANY USE OR ANY ATTEMPTED USE OF ANY PRODUCTS OR SERVICES PRODUCED OR DISTRIBUTED BY THIRD PARTIES (LISENSEE OR ELSE) BEARING ANY AWT (ETBL) CERTIFICATION, CERTIFICATION MARK, BADGE OR LICENSE. THEIR RESPECTIVE PRODUCERS, DISTRIBUTORS AND/ OR IMPORTERS ARE FULLY RESPONSIBLE UNDER THE LAW FOR THE FITNESS OF THEIR PRODUCTS AND SERVICES FOR ANY OR SPECIFIC USE OR PURPOSE ICLUDING BUT NOT LIMITED TO SUITABILITY FOR CONSUMPTION FOR HUMANS OF ANY PRODUCTS, FOOD, DRINKS AND ANY SERVICES RELATED TO THEM.
The term of this Agreement shall commence on the Effective Date, and shall continue unless and until terminated as set forth in Section 7 below.
a. Termination for Material Breach. ETBL may terminate this license upon ten (10) days prior written notice to Licensee, without need of judicial notice or court action, of a material breach of this Agreement, unless the breach is corrected to ETBL’s reasonable satisfaction within the ten (10) day period.
b. Material Breach Defined. Material breaches shall include, but not be
i. The Licensee’s use of the Licensed Certification Mark in connection with products, services or materials inconsistent with the license granted under this Certification Mark License agreement, or otherwise contrary to the provisions of such license;
ii. Licensee’s challenge to ETBL’s ownership of any of the Certification Marks or the validity of any of the Certification Marks.
d. Termination for Failure to Adopt Amended Terms. ETBL shall have the right to amend this Certification Mark License Terms by providing Licensee with at least ten (10) days written notice of such amendment, after which time this Certified Mark License terms will terminate absent written agreement by Licensee to the amended terms (the “Revised Certification Mark License Terms”).
e. Termination by Licensee. Licensee may terminate this Certification Mark License by cease using any certifications marks accredited to them or their products or services. However, all obligations to ETBL or any third parties arising out of/ or in relation to the (prior) use of the certifications marks/ License remain intact.
f. Termination of Certification Mark Program. This Certification Mark License immediately terminates upon discontinuance of the Certification Mark program, for any reason. If this Certification Mark License is terminated pursuant to this section, Licensee must cease use of the Licensed Certification Mark, but shall be afforded three (3) months subsequent to the discontinuance of the Certification Mark program to distribute any remaining inventory of physical materials bearing the Licensed Certification Mark in the normal course of business. Distribution of remaining inventory of physical materials pursuant to this section does not permit distribution of the inventory other than in the normal course of business.
g. Insolvency. The license under this Certification Mark License Agreement will terminate immediately and automatically, without the need for notice to Licensee, if Licensee (i) makes an assignment for the benefit of creditors; (ii) is the subject of any voluntary or compulsory winding-up other than for the purposes of reconstruction or amalgamation; (iii) has a receiver, trustee, liquidator, assignee, custodian or similar official appointed for it or for any substantial part of its property; (iv) is the subject of any dissolution or liquidation proceeding; or (vi) discontinues its business in the ordinary course without a successor.
h. Effect of Termination. Upon the termination of this Certification Mark License Agreement, (a) Licensee will have no further rights, privileges, or licenses under this Certification Mark License Agreement, (b) Licensee will discontinue immediately all use of the Licensed Certification Mark and will not use any marks confusingly similar thereto, (c) and Licensee will cooperate generally with ETBL to insure that all rights in the Licensed Certification Mark and the goodwill connected therewith shall remain the property of ETBL. Unless otherwise specified in a specific provision in Sections 8 and 11, upon termination Licensee may not distribute any remaining inventory bearing the Licensed Certification Mark.
i. Survival. The obligations in Sections 8 (Trademark Ownership), 4 (No Warranties), 5 (Limitations on Liability), 7 (Termination), 8 (Trademark Ownership) and 11 (Miscellaneous) will survive termination of this Certification Mark License Agreement.
8. Trademark Ownership.
Licensee acknowledges and agrees that ETBL is the sole owner of the Certification Marks and all associated goodwill, and Licensee shall take no action and make no statement inconsistent therewith. Licensee shall not challenge or contest, or cause any third party to challenge or contest, ETBL’s rights in the Certification Marks, the validity of the Certification Marks, or any registrations therefore, or the validity of this Certification Mark License Agreement (terms). Licensee shall not register or attempt to register anywhere in the world any of the Certification Marks or any other name or mark confusingly similar thereto. All use of any of the Licensed Certification Mark by Licensee will inure solely to the benefit of ETBL and Licensee shall acquire no rights therein. If at any time Licensee acquires any rights in, registrations of, or applications for, any of the Certification Marks, by operation of law or otherwise, Licensee shall immediately upon request by ETBL and at no charge to ETBL assign such rights, registrations, or applications to ETBL, along with any and all associated goodwill.
9. Jurisdiction-Specific Terms.
Licensee acknowledges and agrees to abide by any applicable jurisdiction-specific terms and conditions to this Certification Mark License Agreement (Terms).
10. ETBL’s Use of Licensee Mark and Display of Licensee’s Certified Product or service.
Licensee hereby grants to ETBL the right to use Licensee’s trademarks and service marks to identify Licensee’s Certified Product or Service and to identify Licensee as the source of the Certified Product or Service, including by placing Licensee’s name, trademark, logo, Certified Product or Service name, trademark, logo, Certified Product or Service image and Certified Product or service information on ETBL’s applicable webpage and in any other electronic and print materials through which AWT/ETBL identifies, describes, promotes, or markets certification mark program. Licensee agrees to provide ETBL with a direct, active website landing page that displays details about each Certified Product or service, and Licensee permits ETBL to provide a link to such website landing page in connection with ETBL’s activities referenced in this Section.
a. No Waiver. No failure to exercise, nor any delay in exercising or invoking any right or remedy under this Certification Mark License Agreement by ETBL shall operate as a waiver thereof, nor shall any single or partial exercise or invoking of any right or remedy prevent any further exercise thereof or the exercise or invoking of any other right or remedy.
b. Severability. If any term or condition of this Certification Mark License Agreement is or becomes invalid or unenforceable, the validity or enforceability of any other term or condition of this Certification Mark License Agreement shall not be affected and such invalid or unenforceable term or condition shall be enforced to the maximum extent permitted by law and completed by a valid interpretation of such term or condition, which to the extent possible, achieves the original purpose of the invalid or unenforceable term or condition.
d. Relationship. Nothing contained in this Certification Mark License Agreement shall be construed as creating a joint venture, partnership, agency or employment relationship between the parties, and neither party will have any right to bind the other or incur any obligation on the other’s behalf without the other’s prior written consent.
e. In case of any dispute arising out of/ in relation to this License agreement (terms), the law courts where ETBL has its principal place of business will be exclusively competent to resolve all matters according to ETBL’s principal place of business laws.