Bestcovery Trademark Terms of Use ("BTTOU")

Date of Last Modification: July 1, 2009

PLEASE READ CAREFULLY - THIS IS A BINDING CONTRACT

These Bestcovery Trademark Terms of Use ("Trademark TOU") apply to your use of our and our affiliates' trademarks, medallions and logos that we may make available to you from time to time, including as part of any content you obtain from us (those trademarks, medallions and logos, collectively, "Bestcovery Marks"). "Bestcovery", "We," "us," or "our" means Bestcovery.com LLC or any of its affiliate companies, as the case may be. "You" means the person or entity using a Bestcovery Mark. Strict compliance with these Trademark TOU is required at all times, and any use of a Bestcovery Mark in violation of these Trademark TOU will automatically terminate any license related to your use of the Bestcovery Marks.

  1. Your use of the Bestcovery Marks must (i) comply with the most up-to-date version of all agreement(s) with Bestcovery regarding your use of any of the Bestcovery Marks (collectively "Agreements"); (ii) comply with the most up-to-date version of these Trademark TOU; and (iii) comply with any other terms, conditions, or policies that Bestcovery may issue from time to time that apply to the use of the Bestcovery Marks. You will not use any Bestcovery Mark in any other place, for any other purpose, or in any other manner. For example, you may not use any Bestcovery Mark in connection with an offline promotion or in any other offline manner (e.g., in any printed material, mailing or other document) unless expressly permitted under the Agreements, and then only as expressly permitted.
  2. You may not use or display any Bestcovery Mark in any manner (i) 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 the content of your web site, product or service, has been authored or edited by us, or represents our views or opinions; (ii) to disparage us, our products, or our services; (iii) that may, as determined solely by our discretion, not be of highest standard, quality or diminish or otherwise damage our reputation or goodwill in any Bestcovery Mark; or (iv) other than as specifically authorized under the Agreements.
  3. You may not display Bestcovery Marks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable as determined by us in our sole discretion.
  4. You may only use a best or number one medallion for a specific product or service if that exact product (i.e., identical model or part number) or service has been awarded as a first place winner by Bestcovery. You may only use a top five or any of the number one through number five medallions for a specific product or service if that product or service has been awarded as such by Bestcovery. For the use of any medallion, it must be accompanied by the complete, unmodified title of the specific award. Additionally, the use of any medallion requires that it contain the proper date stamp indicating the actual date (month, year) when that specific product or service was awarded.
    For example, if Bestcovery designates 505-A model of a product as the second Best Digital Camera for Value in November 09, you may use a number 2 medallion or top five medallion with a Nov 09 date stamp on it, along with the title, "Best Digital Camera for Value" for that specific model camera. If you use the Best medallion, a medallion with a number other than 2, a medallion with a date stamp other than Nov 09, or change or abbreviate the title (e.g. to Best Digital Camera), or use the Bestcovery Trademark for a model other than 505-A (e.g. 505-B) then you are in violation of these Trademark TOU.
  5. You may not alter or modify any Bestcovery Mark in any manner. You may display a Bestcovery Mark only in the exact format in which we provide it to you on the Media Center Page [LINK]. No alternate representation or stylization is permitted. For example, you may not change the proportion, color, or font of any Bestcovery Mark, or make any additions to or remove any elements from any Bestcovery Mark.
  6. 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.
  7. Each Bestcovery Mark must appear by itself, with reasonable spacing between each side of the Bestcovery Mark and other visual, graphic or textual elements. Under no circumstance may any Bestcovery Mark be placed on any background that interferes with the readability or display of that Bestcovery Mark.
  8. You shall link each use of the Bestcovery Marks directly to a page within Bestcovery.com. Wherever technically feasible you shall link the Bestcovery Mark to the appropriate page within Bestcovery.com and when not possible to the Bestcovery.com home page (www.bestcovery.com). You may not link the Bestcovery Marks to any web site other than the URL options specified above. You may not frame or mirror any of our web site pages.
  9. You may not hyphenate, combine or abbreviate the Bestcovery Marks. You shall not incorporate the Bestcovery Marks into the name of your organization, or your services, products, trademark or logos. The foregoing prohibition includes the use of the Bestcovery 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 "Bestcovery.yourdomain.net" or "myBestcovery.com" are expressly prohibited.
  10. You acknowledge and agree that all rights in and to the Bestcovery Marks are our exclusive property, and any goodwill generated by your use of any Bestcovery Mark will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any Bestcovery Mark.
  11. You may not use the Bestcovery 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 Bestcovery 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.

Provided that you are in good standing with a Bestcovery and provided, further, that you comply at all times with the terms of the Bestcovery; Terms of Use, Widget Terms of Use and these Trademark TOU, we grant you a limited, non-exclusive, non-transferable permission, under our intellectual property rights in and to the Bestcovery Marks, and only to the limited extent of our intellectual property rights in and to the Bestcovery Marks, to use the Bestcovery Marks for the following limited purpose, and only for such limited purpose: you may utilize the Logo and/or the medallion to: (i) identify a product or service actually named by Bestcovery experts to be the best or among the best ; (ii) incorporate best lists as provided through Bestcovery Widget and subject to Bestcovery Widget Terms of Use, ; or (iii) to promote the Bestcovery.com site. Without limitation of any provision in any agreements that you may have with Bestcovery or any of our terms of use, you acknowledge that any use that you elect to make of the Bestcovery 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 Bestcovery Marks is a limited permission and you may not use the Bestcovery Marks for any other purpose. You may not transfer, assign or sublicense your limited permission to use the Bestcovery Marks to any other person or entity. Your use of the Bestcovery Marks shall comply with: (i) the most up-to-date versions of these Trademark TOU; and (ii) any other terms, conditions or policies that we may issue from time to time to govern use of the Bestcovery Marks. Your limited permission to use the Bestcovery Marks hereunder shall automatically terminate and you must immediately stop using the Bestcovery Marks if at any time you r license is terminated for any or no reason, at the sole discretion of Bestcovery.

You understand and agree that, without prior notice to you and at our sole discretion: (i) we may modify these Trademark TOU at any time and in our sole discretion by posting a revised Trademark TOU on the Bestcovery.com site; (ii) we may modify or terminate your limited permission to use the Bestcovery 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 Bestcovery Marks that does not comply with the terms of any of our terms of use or these Trademark TOU.

IF ANY MODIFICATION TO THE TRADEMARK TOU IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF THE Bestcovery MARKS. YOUR CONTINUED USE OF ANY Bestcovery MARK FOLLOWING OUR POSTING OF A CHANGE NOTICE OR REVISED TRADEMARK TOU ON THE Bestcovery.COM SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

Except for the limited permission specified above, nothing in the Agreement or these Trademark TOU shall grant or be deemed to grant you any right, license, title or interest in or to any Bestcovery 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 agree that you will not, at any time, challenge or encourage, assist or otherwise induce third parties to challenge the Bestcovery 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 Bestcovery Marks. If you have questions regarding your obligations under these Trademark TOU or questions about any Bestcovery Mark, please contact or write to us at: contracts@bestcovery.com.