AUTHORIZATION FOR LIMITED USE OF TRIBE MARKS
This Authorization for Limited Use of Tribe Marks (“Authorization”) creates a contract between you (“User”) and San Manuel Band of Mission Indians (“Tribe”), a federally recognized Indian tribe. This Authorization sets forth the terms and conditions under which Tribe authorizes the limited use of its trademarks, logos or other distinctive brand properties, as provided by Tribe solely through access to its designated download locations (“Tribe Marks”), by User. Please read this Authorization carefully. To confirm your understanding and acceptance of this Authorization, click “Agree”.
1. Limited License. Subject to User’s compliance with the terms and conditions of this Authorization, Tribe hereby grants User a non-exclusive, royalty-free and non-transferable license, without the right to sublicense, to use the Tribe Marks solely for marketing or promotional purposes in connection with Tribe’s philanthropic activities involving User (the “Philanthropic Relationship”). This Authorization shall automatically terminate upon completion of the Philanthropic Relationship, unless otherwise terminated as provided herein. The manner and use of the Tribe Marks shall: (i) comply with all applicable laws, including those pertaining to false or deceptive advertising and intellectual property; (ii) not be in connection with any objectionable material (e.g., material that is defamatory, scandalous, pornographic, disparaging or illegal); and (iii) comply with all applicable Tribe Mark usage policies as may be communicated by Tribe to User from time to time. Any use of the Tribe Marks must be accompanied by a notice that clearly indicates that the Tribe Marks are trademarks or distinctive brand properties of Tribe.
2. Reservation of Rights. User shall have no rights in or to the Tribe Marks, except as expressly granted herein. Tribe expressly reserves to itself all rights in and to the Tribe Marks not expressly granted to User pursuant to this Authorization. User acknowledges and agrees that Tribe is the owner of all right, title and interest in and to the Tribe Marks and that User’s use of the Tribe Marks pursuant to this Authorization inures to the benefit of Tribe. User agrees not to challenge or assist others to challenge the Tribe Marks (except to the extent such restriction is prohibited by applicable law), and User agrees not to register or attempt to register any domain names, trademarks, trade names, or other distinctive brand properties that are confusingly similar to those of Tribe.
3. Approval Rights. All uses of the Tribe Marks by User are subject to the prior written approval of Tribe. User shall submit to Tribe for approval, at least five (5) business days prior to its intended first use, all materials which contain the Tribe Marks (whether in print media, direct mail, television, radio, internet, email, billboard or in any other form, media or channel) (collectively “Materials”). Tribe shall, in its sole discretion, have the right to review and approve any Materials prior to distribution or other dissemination by User. In no event shall User make any changes to the Tribe Marks without the prior written approval of Tribe.
4. Termination. Upon termination of this Authorization, any and all copies of the Tribe Marks in User’s possession shall be deleted or destroyed, and User shall provide written confirmation that such copies of the Tribe Marks have been deleted or destroyed.
5. Modification and Revocation. Tribe reserves the right in its sole discretion to terminate this Authorization at any time or modify User’s permission to display the Tribe Marks, and to take action against any use that does not conform to this Authorization, infringes any of Tribe’s intellectual property or other rights, or violates applicable law. 6. Disclaimer. The Tribe Marks are provided “as is” and Tribe disclaims any warranties either expressed or implied by applicable law regarding the Tribe Marks, including warranties of non-infringement. Because User is not being charged for use of the Tribe Marks, in no event shall Tribe be liable to User for the subject matter of this Authorization under any theory of liability including for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages arising out of this Authorization or use of the Tribe Marks. This limitation shall apply even if Tribe was or should have been aware or advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy stated herein.
7. Miscellaneous. User may not assign its rights or delegate its obligations under this Authorization without Tribe’s prior written consent. This Authorization is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party. This Authorization shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. The parties are independent contractors. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other. The waiver by Tribe of a breach of any provision hereof shall not be taken or held to be a waiver of the provision itself. If any provision of this Authorization is held by a court of competent jurisdiction to be contrary to applicable law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by applicable law and the remaining provisions of this Authorization shall remain in full force and effect. This Authorization constitutes the entire agreement between the parties with respect to the subject matter hereof.
By clicking “Agree”, User agrees to the terms and conditions set forth herein. To the extent that you are agreeing to this Authorization on behalf of another person or entity (in which case, you and such person or entity shall collectively be deemed “User”), User represents and warrants that you are duly authorized to legally bind User to this Authorization. If User does not agree to these terms and conditions, please do not proceed.