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Wagershare Updates Terms – Marketing

Terms spidered on November 16th, 2011 08:01 AM

SUMMARY: This terms update relates to marketing practices, namely Intellectual Property Rights.

Intellectual Property Rights
3.2 Licence to use Intellectual Property – On registration We shall and hereby grant to You a non-exclusive, non-transferable licence, during the term of this Agreement, to use Our and Our Merchants’ trademarks, service marks, trade names, logos, designations, copyrights and other proprietary rights (Intellectual Property”Intellectual Property”) (licensed, in turn to Us from their owner) solely in connection with the display of the banners on Your site, and strictly for no other use whatsoever thereof. Any breach of such Intellectual Property rights, may result in penalties, as more fully set out hereunder.

AND

4.8 License to use Intellectual Property – The license granted to You in terms of clause 3.2 above may not be sub-licensed, assigned or otherwise transferred by You, and shall only be used for the purposes set out therein. You shall not during the term of this Agreement nor at any time thereafter assert the invalidity, unenforceability, or contest the ownership of the Intellectual Property in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice Our, Our Merchants’ or Our licensor’s rights in the Intellectual Property, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. , nor use the license for any other purpose than that for which it is intended, and as set out in clause 3.2

General Marketing
4.13 Limitations of Advertising – a) The use of the licence for any purposes other than that provided for in clause 3.2 and anyuse of whatsoever of domain names, brand names, trademarks or any bid made by you to any Internet search engine on keywords including without limitationwords that are the same, or confusingly similar, to Spin Palace Casino, Ruby Fortune Casino, Piggs Casino, Mummys Gold Casino, Cabaret Club Casino, Jackpots In A Flash, Poker333, Spin Palace Poker, Betway Casino, Betway Poker, Betway Sports, Betway Games, Gnuf Casino, Gnuf Poker and Gnuf Bingotrademarks or words , for any purposes other than that are confusingly similarprovided for in clause 3.2, shall not only be considered to be a breach of the good faith provisions contained in WagerShare Terms and Conditions (see clause 4.6), but also as an unlawful breach of the applicable intellectual property rights. Notwithstanding For clarity, this includes, but is strictly not limited to, instances where You register, or attempt to register, domain names containing the foregoingnames, with our prior written consentor words confusingly similar, you mayto those set out above and instances where You use the names, or words confusingly similar, to those set out above, in respect of order to solicit visitors, to visit any agreed Merchantsite, establish one or more derivative URLs that incorporate any one online business of Yours, and/or registered in Your Name, other than through the Merchant’s marks or channels, and for the Merchant’s primary URLpurposes, or any variation thereofspecified in 3.2 above. You willIn the event that WagerShare has reasonable cause to believe that any such breach has occurred, at Your own costit retains the unilateral and final right to retain indefinitely any current or future amounts owed to you. Save that, register such mentioned derivative URLs in the name event of WagerShare.com and immediately such breach, WagerShare will first notify WagerShare.com of each derivative URL established and maintained by You. Each derivative URL must host , in writing or by email, that a website breach has occurred, and informing You thatis identical to the corresponding Merchant’s URL , as provided to You by Us. Each derivative website must be updated to reflect changes to a result of the provided URL from time breach, commission is retained and/or that failure to remedy the breach within a specified period of time will result in commission being retained. You In both instances the amount of commission retained will be notified of changes to the Merchant’s URL and must update at at the derivative websites within 48 hours sole discretion of such notificationWagerShare. You will remove any derivative website when requested to do so b) Any bid made by Us. A derivative website may not, under any circumstances, be used to direct any persons you to any site other than the Merchant’s agreed URL. Internet search engine on keywords including without limitation, Spin Palace Casino, Ruby Fortune Casino, Piggs Casino, Mummys Gold Casino, Cabaret Club Casino, Jackpots In A derivative website may not include any promotional materialFlash, including bannersPoker333, textSpin Palace Poker, or other materialBetway Casino, Betway Poker, Betway Sports, Betway Games, Gnuf Casino, Gnuf Poker and Gnuf Bingo trademarks or words that does not relate are confusingly similar, shall be considered to be a breach of the Merchant. We have good faith provisions contained in WagerShare Terms and reserve the right to terminate this Agreement immediately if any derivative website established by You is found to not comply strictly with these conditionsConditions (see clause 4.6).
SUMMARY: Intellectual property rights are a typical. Note that the term also mentions derivative domains and PPC terms. Note: This is mostly a re-write.

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