AGRILEAD, INC. TRADEMARK AND COPYRIGHT GUIDELINES
Last Updated: 2/20/20
These Trademark & Copyright Guidelines apply to licensees, developers, customers, and authorized resellers who wish to
use the trademarks, service marks, certification marks, logos, or copyrighted material of Agrilead, Inc., and its affiliates
(collectively, "Agrilead") in connection with advertising, marketing, promotional, informational and reference materials, on
product packaging, on websites, or on printed publications. The Guidelines also apply to Agrilead employees acting outside
the scope of their employment with Agrilead (i.e. contributing to industry publications, online forums, or social media). Any
unauthorized or improper use of Agrilead’s trademarks or copyrighted material may constitute infringement and unfair
competition in violation of federal, state, and international laws.
Authorized partners, resellers, licensees, and certified parties may be subject to additional restrictions. If you are an Agrilead licensee, partner or an “Agrilead Certified” entity, please consult your agreement for specific requirements applicable to your use of Agrilead’s trademarks. In the event of a conflict between the applicable agreement and these Trademark & Copyright Guidelines, the terms of the agreement will control.
Agrilead reserves the right to oppose or prohibit any use of its trademarks that Agrilead, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. The status of Agrilead’s trademarks may change, and it may be necessary to revise these Trademark & Copyright Guidelines from time to time. It is your responsibility to comply with the most current version of these guidelines. Please direct any questions regarding these Trademark & Copyright Guidelines to your Agrilead representative.
GENERAL TRADEMARK USAGE GUIDELINES
In return for permission to use an Agrilead trademark, you agree to follow the requirements set forth in these Trademark &
Copyright Guidelines and any other applicable guidelines and policies set by Agrilead. You also acknowledge that Agrilead
is the sole owner of the Agrilead trademarks and promise that you will not interfere with Agrilead’s rights in and to the
trademarks, including challenging Agrilead’s use, registration of, or application to register such trademarks, alone or in
combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Agrilead
trademarks by affirmative action or through inaction. The goodwill derived from using Agrilead trademarks belongs
exclusively to Agrilead.
Except for the limited right to use the trademarks as expressly permitted under these guidelines, no other rights of any kind are granted hereunder, by implication or otherwise.
PERMISSIBLE USES OF AGRILEAD TRADEMARKS
Agrilead only licenses its trademarks for use with goods and services that meet Agrilead’s quality standards. Agrilead reserves the right to object to or prohibit at any time the use of its marks in connection with goods or services that, in Agrilead’s sole opinion, fail to meet Agrilead’s standards of quality.
Compatibility with Third Party Products
Agrilead’s word marks (but not logo marks or other graphic depictions of Agrilead marks) may be used in an informational context to inform consumers that a third party product is compatible with the specifically-referenced Agrilead product, provided that such use otherwise complies with these Trademark & Copyright Guidelines and the following requirements:
- The Agrilead mark is not part of the third-party product name.
- The Agrilead word mark appears less prominently than the third-party product name.
- The Agrilead mark is used only in a referential context (i.e. “Works with Agrilead” or “Compatible with Agrilead’s Seed Care Pro™ platform”).
- The third-party product must actually be compatible with the specific Agrilead product or service referenced.
- The use does not falsely imply a sponsorship or endorsement by, or a partnership or affiliation with, Agrilead.
Educational and Informational Purposes
Agrilead’s word marks (but not logo marks or other graphic depictions of Agrilead marks) may be used in an informational context to describe the subject matter of an educational or informational program, such as training presentations and “howto” videos, provided that such use otherwise complies with these Trademark & Copyright Guidelines and the following requirements:
- The Agrilead mark appears less prominently than the rest of the program title, and is used only in a referential
Correct: “ABC EDUCATION SERVICES Presents: An Introduction to Agrilead Seed Care Pro™ for Beginners”
Incorrect: “Agrilead Seed Care Pro™ 101”
- The subject matter must actually relate to the specific Agrilead product or service referenced.
- The use does not falsely imply a sponsorship or endorsement by, or a partnership or affiliation with, Agrilead.
- Any printed or online materials relating to the program must include proper attribution symbols, a trademark notice
statement (see Attribution and Notice) and a disclaimer statement similar to the following example:
The statements made and opinions expressed herein belong exclusively to ABC EDUCATION SERVICES and are not shared by and do not represent the viewpoint of Agrilead, Inc. This presentation does not constitute an endorsement of any product, service, or point of view. Agrilead makes no representations, warranties or assurances of any kind, express or implied, as to the completeness, accuracy, reliability, suitability, availability or currency of the content contained in this presentation or any material related to this presentation. In no event shall Agrilead, its agents, officers, employees, licensees or affiliates be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business information, loss of information) arising out of the information or statements contained in the presentation. Any reliance you place on such content is strictly at your own risk.
If the program is presented only in audio format, without any visual aids or physical or online materials, the notice and disclaimer statements must be read out loud to the audience at the beginning of each presentation at no less than a reasonable speed and volume.
Provided that such use complies with these Trademark & Copyright Guidelines, Agrilead word marks may be used on websites that operate solely for a noncommercial, informational purpose concerning an Agrilead product or technology. Use of Agrilead logos on such sites is expressly prohibited, except as permitted under an applicable agreement with Agrilead.
PROHIBITED USES OF AGRILEAD TRADEMARKS
Unless otherwise provided in these Trademark & Copyright Guidelines or in a separate agreement with Agrilead, use of Agrilead’s logos, company names, trademarks, product names, or images of Agrilead products by third parties in marketing, promotional, or advertising materials is strictly prohibited, as such use may create the perception that Agrilead endorses or sponsors the product, service, or promotion. This section applies to use of marks that are the phonetic or foreign language equivalent of Agrilead trademarks.
Company or Trade Names
You may not use, register, or attempt to register, in whole or in part, “Agrilead”, or any other Agrilead trademark, including Agrilead-owned graphic symbols, logos, icons, or any version thereof, as a company name or trade name, or as part of such a name.
Third Party Product Names
Agrilead trademarks may not be used by a third party as part of that entity’s product, service, or trade name without an
express written agreement from Agrilead authorizing such use. Licensees should consult their license agreements to
determine whether and under what circumstances they can use Agrilead trademarks in this manner.
Agrilead word marks (but not logo marks or other graphic depictions of Agrilead marks) may be used to refer to Agrilead’s products and services without an express license from Agrilead, provided that such use is in compliance with these Trademark & Copyright Guidelines and any other applicable policies. At a minimum, permissible use assumes that the Agrilead trademarks are not larger or more prominent than the rest of the surrounding text, no stylized Agrilead trademarks or logos are used, proper marketing and attribution is applied for all uses of Agrilead trademarks, a conspicuous disclaimer is indicating that any third party goods or services are not sponsored or endorsed by Agrilead is included with any use, and nothing in the use would lead consumers to believe that there is an association or affiliation with Agrilead that does not exist.
Domain Names, Meta Tags and Hidden Text
YOU MAY NOT INCORPORATE AGRILEAD TRADEMARKS IN ANY DOMAIN NAME OR IN ANY META TAG OR OTHER HIDDEN TEXT IN A WEB PAGE. Any violation of this policy may result in immediate termination of any license, partnership, certification, reseller or employment agreement, and/or in legal action. Examples: “myseedcarepro.com”, “Agrilead-seedcarepro.com”, “myagrilead.com”
Use of Agrilead trademarks in the titles of online and printed magazines, periodicals, book series, and other serial publications is expressly prohibited without a license. However, Agrilead trademarks may be used on the covers of such publications and in the title of single-issue books, provided that such use complies with these Trademark & Copyright Guidelines and the following terms:
- Your name, logo, and/or trademark must appear more prominently than the Agrilead trademark.
A trademark notice statement and a disclaimer statement similar to the below example must be included on the
publication and all related materials (see Attribution):
“The statements made and opinions expressed herein belong exclusively to the author/s and reviewer/s of this publication, and are not shared by and do not represent the viewpoint of Agrilead, Inc. This publication does not constitute an endorsement of any product, service, or point of view. Agrilead makes no representations, warranties, or assurances of any kind, express or implied, as to the completeness, accuracy, reliability, suitability, availability, or currency of the content contained in this publication or any material related to this publication. In no event shall Agrilead, its agents, officers, employees, licensees, or affiliates be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business information, or loss of information) arising out of the information or statements contained in the publication. Any reliance you place on such content is strictly at your own risk.”
- Use of the Agrilead trademark must not suggest an endorsement or certification by Agrilead, or a sponsorship or affiliation with Agrilead, unless such endorsement, certification, sponsorship, or affiliation with Agrilead is contained in another agreement with Agrilead.
- With respect to books, Agrilead trademarks may be used as the first word in the title of a single publication. Use of an Agrilead trademark in connection with a title of a series of books requires a license from Agrilead.
Any and all use of Agrilead trademarks in connection with social media account names, profiles, monikers, avatars, or handles is expressly prohibited.
Do not register any Agrilead trademarks as Google AdWords or similar online advertising tools.
Merchandise and Promotional Items
The use of Agrilead trademarks on any merchandise or promotional items such as t-shirts and mugs is expressly prohibited, regardless of whether such items are sold or given away, or provided only to a limited or internal group of people (i.e. employees or customers).
Use or imitation of Agrilead’s trade dress, including the look and feel of Agrilead’s web properties, marketing materials, product packaging, font, color scheme, and imagery associated with Agrilead, is expressly prohibited.
False or Derogatory Use
Agrilead trademarks may not be used in a manner that depicts Agrilead or its products or services in a false or derogatory manner.
UNLESS EXPRESSLY AUTHORIZED BY AGRILEAD OR PROVIDED FOR IN THESE TRADEMARK & COPYRIGHT GUIDELINES, ANY USE OF AGRILEAD LOGOS IS PROHIBITED. If you have received authorization from Agrilead to use an Agrilead logo (i.e. pursuant to a valid written license agreement), you must adhere to the terms of your license or agreement, as well as the following general guidelines:
- All Agrilead logos must be reproduced from materials supplied by Agrilead.
- Agrilead logos may not be altered without prior authorization.
- Each representation of the Agrilead logo should be consistent, undistorted, and clear.
TRADEMARK SYMBOLS AND TRADEMARK NOTICE STATEMENTS
Agrilead trademarks may be designated by one of the three following symbols:
- ™: Used for trademarks with pending registration applications and for unregistered common law trademarks;
- SM: Used for service marks with pending registration applications and for unregistered common law service marks;
- ®: Used for marks registered with the U.S. Patent and Trademark Office.
Please refer to the Agrilead Trademark List for information on the proper designation to use in connection with specific
Regardless of whether the ™, SM, or ® symbol is used, the trademark symbol should be placed immediately after the mark in superscript. If the document cannot be typeset in superscript, the symbol may be set in normal type and enclosed in parentheses.
Example: Agrilead Seed Care Pro™ or Agrilead Seed Care Pro (TM)
Agrilead’s practices regarding when, where, and how often to use trademark symbols differ depending on whether the underlying materials will only be available in the United States, or whether their distribution will extend to foreign countries.
Distribution Limited to the United States - Although proper trademark attribution is required, trademark symbols do
not need to be displayed each and every time an Agrilead mark is used. The following scheme sets forth the
minimum scope of trademark attribution for Agrilead marks:
- Prominent Uses: A trademark attribution symbol is required on all prominent uses of Agrilead marks, such as on packaging, brochures, labels, headlines, headings, sub-headings, advertisements, White Papers, and marketing materials.
- First Use in Text: A trademark attribution symbol is required upon the first use of an Agrilead mark in text or body copy, even if the mark has appeared with a trademark symbol in the same material (i.e. in the headline or another prominent use).
- Subsequent Uses: An attribution trademark symbol is not required for any subsequent use of a mark in the same text, unless use of the symbol would avoid ambiguity.
- Logos: An attribution symbol is required with every use of an Agrilead logo.
- Distribution Outside the United States - Do not use trademark symbols on materials distributed solely outside the United States but be sure to include an appropriate Trademark Notice Statement.
Trademark Notice Statement
Any material displaying an Agrilead mark must also include the following Notice Statement:
“[list the individual Agrilead marks appearing in the material, using proper trademark symbols for each] are trademarks of Agrilead, Inc. and/or one or more of its subsidiaries, and may be registered in the United States Patent and Trademark Office and in other countries.”
Example: “Agrilead and Seed Care Pro are trademarks of Agrilead, Inc. and/or one or more of its subsidiaries, and may be registered in the United States Patent and Trademark Office and in other countries.”
Use of Agrilead’s proprietary copyrighted material is strictly prohibited without prior approval from Agrilead. Such materials include, but are not limited to, content and text displayed on Agrilead’s website, White Pages, or other documentation, photographs, diagrams, videos, images, and sound clips. If authorized, your use of Agrilead’s copyrighted material must be accompanied one of the following statements, which should be prominently displayed and reference the year/s the material was created:
- “Copyright [Year/s] Agrilead, Inc. All rights reserved.”
- “© [Year/s] Agrilead, Inc. All rights reserved.”