Terms of Use for Nominet Accredited Channel Partner Logo

These are the terms of use for the ‘Nominet Accredited Channel Partner’ logo, for which Nominet has copyright, design rights and trade mark rights.

You may use the logo only if you:

• Are currently a Nominet Accredited Channel Partner
• Have complied with all your obligations under the registrar agreement
• Accept these terms of use.

If you do not meet all of those requirements, you may not use the logo.

1. INTERPRETATION
   1. In this contract words written in bold and some other words such as “us”, “we” and “you” have defined meanings as set out below:
      1.1.1. contract means (i) these terms and conditions, and (ii) the usage guidelines which are part of this contract and have the same effect as they would if they were set out in full in this document;
      1.1.2. force majeure means circumstances beyond the reasonable control of the party in  question. Such circumstances include, without prejudice to the generality of the foregoing, strikes, lockouts, shortages of labour or raw materials, civil commotion, riot, invasion, war, threat of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster;
      1.1.3. intellectual property rights means trade marks, service marks, registered designs, utility models, patents, applications for any of the foregoing, copyright, design rights, database  rights, confidential information, trade and business names and any other similar protected rights in any country whether existing or to be created and whether vested or contingent;
      1.1.4. logo means the logo in exhibit ‘A’;
      1.1.5. notify means any duty to notify or give notice may (unless another form is specified) be by email, automaton message (if a standard form is established), EPP response (if a standard form is established), fax or post and shall be effective on the earlier of (a) the time of sending of the electronic communication or fax, (b) two days after posting by first class pre-paid post, or (c) receipt: and shall be validly served if sent to (in the case of us) our address given on our website at the time and (if sent to you) the address we hold for you in respect of this contract, or your registered office (if applicable), or the relevant contact for the service;
      1.1.6. registrar agreement means the 2021 version of the Registrar ‘Agreement’, which applies to all .uk domain name registrars with effect from 26 November 2021, or any agreement that  replaces it; and
      1.1.7. usage guidelines means the guidelines we may publish on our website and amend from time to time, which set out the rules you must comply with when using the logo, whether in print or online.
2. COMMENCEMENT AND DURATION
   1. This contract shall start on the earliest of the following dates:
      2.1.1. the date that you confirm your acceptance of its terms to us; or
      2.1.2. the date that you start using the logo.
      2.2. This contract (and therefore your right to use the logo will end) on the happening of any of these events:
      2.2.1. either party notifies the other (giving at least one month’s warning) that this contract will end;
      2.2.2. either party breaks any part of this contract and (if the problem is something that can be put right, has not been put right within 14 days of being notified of the problem);
      2.2.3. either party breaks any part of this contract for a third time, whether or not they have previously put that problem right when told to do so under clause 2.2.2;
      2.2.4. you cease to be a Nominet Accredited Channel Partner for any reason, or the registrar agreement with you is terminated or suspended; or
3. LICENCE
   1. In return for your entering into the terms of this contract we grant you a non-exclusive, royalty-free licence to use the logo (without alteration of any kind) anywhere in the world on the terms of this contract.
   2. You are not granted any form of licence or permission to use any other Nominet logo or trade marks.
   3. You may only use the logo if you have obtained the computer graphics files comprising it directly from us.
   4. You may not sublicence or assign any of your rights or obligations under this contract.
4. TITLE AND GOODWILL
   1. You accept that we are the owner of the copyright and trade mark rights in the logo.
   2. You must not alter or obscure the copyright and trademark notice within the logo.
   3. Any goodwill created from your use of the logo accrues to us.
5. TRADE MARK REGISTRATIONS
   1. You must not apply to register the logo as a trade mark or other type of intellectual property rights anywhere in the world for any category of goods or services.
   2. You shall not apply for or obtain registration of any intellectual property right (e.g. trade or service marks) in any country which consists of or comprises the word “Nominet” and/or “Accredited Registrar” or any confusingly similar word or words (including “Nominet tag-holder” or “Nominet registrar”), or any trade or service mark which consists of, comprises or is confusingly similar to the logo.
6. DUTIES OF THE PARTIES
   1. You shall not do anything to diminish our rights in the logo or impair any registration by us of the logo.
7. QUALITY CONTROL AND APPROVAL PROCEDURES
   1. You must comply with the usage guidelines for the logo which may specify how the logo may be used, in order that no use of the logo is made which is, or is likely to be:
      7.1.1. deceptive, misleading or confusing to customers or the public;
      7.1.2. damaging to our rights in the logo;
      7.1.3. reasonably perceived to alter the logo or the perception of it (e.g. by using the logo in the wrong size, resolution or colour).
   2. If we request it, you will (promptly and without cost to us) provide us with copies of any website or other material in which you use the logo and details of the duration of use and the number of uses. If the use is on a webpage or other electronic “location‟ that requires password access to view it, you shall provide us with a password for that purpose on request.
   3. We may require you to stop using the logo on a temporary basis at any time, by notifying you of that requirement. We may do so, for example, because you have failed to comply with one of the obligations on you under the registrar agreement. Where we have done this, we will notify you once you are able to start using the logo again.
8. EFFECT OF TERMINATION
   1. When this contract is terminated:
      1. the licence to use the logo ends immediately; and
      2. you shall not sell or offer any services of any type or description under or by reference to the logo or any confusingly similar mark.
   2. Termination of this contract by either party shall be without prejudice to the right to seek compensation for breach of any provisions of this contract.
9. FORCE MAJEURE
   1. If and to the extent that either party is prevented or delayed from performing any of its obligations under this contract by force majeure it shall promptly notify the other party, specifying the matters constituting force majeure together with such evidence in verification thereof as it can reasonably give and specifying the period for which it is estimated that the prevention or delay will continue. The party so affected shall then be relieved of liability to the other for failure to perform or for delay in performing (as the case may be) its obligations, but shall nevertheless use its best endeavours to resume full performance of its obligations under this contract provided that, if the force majeure continues for a period of one month or more following notification, the party not affected by the force majeure may terminate this contract by notifying the other at least 14 days in advance. Such notification shall be of no effect if the party affected by the force majeure resumes full performance of its obligations under this contract before the expiry of the notice period.
10. OTHER PROVISIONS
    1. This contract, together with any documents referred to in it, constitutes the whole contract between the parties relating to its subject matter and supersedes any prior drafts, contracts, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.
    2. No variation of this contract shall be effective unless made in writing.
    3. No term of this contract shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
    4. No failure to exercise nor any delay in exercising by either party to this contract of any right, power, privilege or remedy under this contract shall impair or operate as a waiver of such right, power, privilege or remedy.
    5. Nothing in this contract shall constitute, or be deemed to constitute, a partnership between the parties nor, except as expressly provided, shall it constitute, or be deemed to constitute, any party as the agent of any other party for any purpose.
    6. This contract shall be governed by, and construed in accordance with, English law and each of the parties irrevocably submits to the exclusive jurisdiction of the English courts.

EXHIBIT ‘A’