Trademark Policy

Last Modified on December 24, 2015

If you wish to use PopMarker's trade names, trademarks, service marks, logos, domain names, social media identifiers, or other distinctive brand features (collectively "PopMarker Marks," each a "PopMarker Mark"), our policy only allows you to use a subset of the PopMarker Marks solely in order to identify yourself or your website as a PopMarker publisher and only so long as such use is in compliance with this Trademark Use Policy ("Policy") and your actions are otherwise in compliance with the Agreement (as defined below), the Guidelines (as defined below), and any other agreements, guidelines, or policies incorporated by reference therein. Any use of the PopMarker Marks must be in accordance with this Policy and any violation of this Policy constitutes a material breach of the PopMarker Publisher Agreement, set forth athttp://www.PopMarker.com/publisher-agreement (the "Agreement") and into which this Policy has been expressly incorporated. Any use that does not comply with this Policy, the Agreement, or the Guidelines is not authorized and may, in PopMarker’s sole discretion, result in termination of the Agreement, your account, and your right to use the PopMarker Service (as defined in the Agreement) without any opportunity for reinstatement, or additional action.

 

License

PopMarker grants to you a revocable, limited and restricted, nonexclusive, nontransferable, nonassignable, royalty free license to use the PopMarker Marks identified in a list to be provided by PopMarker in the United States and any territory where a particular PopMarker Mark is registered (as set forth in the list to be provided by PopMarker) solely for the purpose of you identifying yourself or your website as a PopMarker publisher and only so long as such use is in compliance with this Policy and your actions are otherwise in compliance with the Agreement, the Guidelines, and any other agreements, guidelines, or policies incorporated by reference therein. You acknowledge that, as between you and PopMarker, PopMarker is the sole and exclusive owner of the PopMarker Marks and all goodwill therewith. You agree not to do anything inconsistent with PopMarker’s ownership of the PopMarker Marks, and that all uses of the PopMarker Marks shall inure to the benefit of PopMarker. You agree that all PopMarker Marks are provided on an “as is” basis and that you use them at your own risk.

 

Introduction

PopMarker is passionate about protecting our brand as the worldwide leader in making images interactive, but understands that publishers must be able to identify their publishing relationship with PopMarker. Notwithstanding the foregoing, PopMarker does not endorse its publishers or the content on their websites (each a "Site"), and cannot be identified as making such an endorsement or being affiliated with any Site or any Sites’ content. Furthermore, the PopMarker Marks cannot be associated with objectionable material, as set forth in PopMarker’s Publisher Guidelines, which may be found at http://www.PopMarker.com/guides (the "Guidelines").

PopMarker allows the PopMarker Marks only to be used as set forth in this Policy and for the specific purposes for which PopMarker has given explicit permission in writing. Other than making nominal use of the PopMarker Marks as set forth herein, you may not use the PopMarker Marks without first obtaining PopMarker’s written permission.

When you use any of the PopMarker Marks, you must always follow the Rules for Proper Usage included in this Policy. In addition, PopMarker may provide you with written requirements as to the size, typeface, colors, and other graphic characteristics of the PopMarker Marks. You must implement and ensure your compliance with these requirements before using the PopMarker Marks. If these requirements change, including any changes to terms of this Policy, you must implement those changes within a commercially reasonable timeframe.

Any questions about usage, requests for clarification or permission may be submitted to sales@PopMarker.com.

 

Trademark Basics

What is a trademark?

A trademark is a word, name, symbol, or device (or a combination thereof) that identifies the goods or services of a person or company and distinguishes them from the goods and services of others. Trademarks exist to help consumers identify, and companies publicize, the source of products and services. A trademark assures consumers of consistent quality with respect to those goods or services and aids in their promotion. When others use a company’s trademarks, consumers may become confused as to the source of products sold under that trademark.

Why is it important to use trademarks correctly?

Rights to a trademark can last indefinitely if the trademark owner continues to use the mark to identify its goods and services. If trademarks are not used properly, they may be lost and one of a company’s most important assets may lose all of its value. Rights may be lost not only because of a trademark owner’s improper use of the mark, but also through improper use of the trademark by the public.

 

Rules for Proper Usage

Things To Do

  • If you are using a PopMarker Mark, distinguish it from the surrounding text in some way. Capitalize the first letter, capitalize, bold, underline, or italicize the entire PopMarker Mark, place the PopMarker Mark in quotes, or use a different type style or font for the PopMarker Mark than for the generic name.
  • If you do not capitalize the entire PopMarker Mark, always spell and capitalize the PopMarker Mark exactly as shown in the list of PopMarker Marks provided by PopMarker.
  • Use the PopMarker Mark only as an adjective, never as a noun or verb, and never in the plural or possessive form.
  • Use a generic term following the PopMarker Mark, for example: PopMarker™ image applications, PopMarker™ advertisements, PopMarker™ application programming interface.
  • When using PopMarker’s logos, use only PopMarker-approved artwork, as PopMarker may designate from time-to-time in the list provided by PopMarker.
  • If you are using a PopMarker logo on your Site, there must exist a minimum spacing of 25 pixels between each side of the logo and other graphic or textual elements on your Site.
  • Unregistered PopMarker Marks, as set forth in the list provided by PopMarker, should be followed by the superscripted letters TM or SM to give notice that the company claims trademark rights in the term. Registered PopMarker Marks, as set forth in the list provided by PopMarker, should be followed by the symbol ® to identify the term as a registered trademark. In advertising copy, notice of trademark rights may be provided in a footnote format – e.g., by placing an asterisk adjacent to the PopMarker Mark and placing an appropriate notice at the bottom of the page on which the asterisk appears. Example: *PopMarker™ is a trademark of PopMarker, Inc.

Things You Can't Do

  • Do not modify the PopMarker Marks in any way. Do not remove, distort, or alter any element of a PopMarker Mark. That includes modifying a PopMarker Mark, for example, through hyphenation, abbreviation, or combination with any other word or words. Do not shorten or create acronyms out of the PopMarker Marks.
  • Don’t display a PopMarker Mark as the most prominent element on your Site.
  • Don’t display a PopMarker Mark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by PopMarker, or that can be reasonably interpreted to suggest that editorial content has been authored by, or represents the views or opinions of PopMarker or PopMarker personnel.
  • Don’t display a PopMarker Mark on any Site that contains or displays nudity, pornography, adult, or mature content, or material that otherwise appeals to the prurient interest, violent, graphic, or gory content, child abuse or molestation, content related to racial intolerance or advocacy against any individual, group, or organization, excessive profanity, hacking/cracking content, including any content that violates DMCA anticircumvention prohibitions, gambling or casino-related content, illicit drugs and drug paraphernalia content, sales of beer, malt liquor beverages, or hard alcohol, sales of tobacco or tobacco-related products, sales of prescription drugs, sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, or stun guns), trademark and copyright Infringements – e.g., Sites devoted to selling fake handbags or bootleg DVDs, or Sites promoting illegal file downloads, fake documents, and cheating services – content enabling a consumer to evade the law, education systems, or other good-faith arrangements, content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites, or reading emails, or any other content that is illegal, promotes illegal activity, or infringes on the legal rights of others.
  • Don’t display a PopMarker Mark in a manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to PopMarker, as shall be determined in PopMarker’s sole discretion, which determination shall be communicated to you at the contact information listed on your Site or at the WHOIS information in your Site’s domain name registration, including any contact information listed for an anonymous registration service.
  • Don’t display a PopMarker Mark on a Site that violates any law or regulation.
  • Don’t frame or mirror any PopMarker webpage, including but not limited to any portion of PopMarker.com.
  • Don’t incorporate PopMarker Marks into your own product name, service names, trademarks, logos, domain names, social media identifiers, or company names.
  • Don’t copy or imitate PopMarker’s trade dress, including the look and feel of PopMarker web design properties, including but not limited to any portion of PopMarker.com, brand packaging, distinctive color combinations, typography, graphic designs, product icons, or imagery associated with PopMarker.
  • Don’t adopt marks, logos, slogans, domain names, social media identifiers, or designs that are confusingly similar to any PopMarker Mark.
  • Don’t register any PopMarker Mark as second-level domain names.
  • Don’t use PopMarker Marks in a way that suggests a common, descriptive, or generic meaning.
  • Trademark rights vary from country to country. Some countries have penalties for improper use of the registration symbol. Therefore, don’t use the registration symbol (®) in association with a PopMarker Mark in any country where that PopMarker Mark has not been registered, as set forth in the list provided by PopMarker.

 

Linking

You may link to PopMarker’s website(s) only for the purpose of identifying you or your Site as a PopMarker publisher or for the purpose of identifying PopMarker as the source of an Image App or advertisement. This linking may only be performed by using the banners and buttons provided by PopMarker and subject to the restrictions set forth below:

Restrictions

Linking is only allowed if you:

  • Use one of the banners or buttons provided by PopMarker.
  • Follow this Policy.
  • Point the destination URL to the PopMarker.com.
  • Don't alter any PopMarker Marks, including the banners and buttons provided by PopMarker, except as expressly set forth below.
  • Don't do anything that might confuse visitors to your website into mistaking the source or origin of the website or content that they are viewing or downloading.

You may customize the banners and buttons provided by PopMarker only in the following ways:

  • Modify the background color of the banner or button.
  • Change the size of the banner or button.