- Reference to UPS. End User is required to use the UPS Mark in the Application; provided End User shall use the UPS Mark (i) solely on screens within the Application that provide to the Persons utilising the Application connectivity to the UPS Systems via the Interfaces and (ii) only in a manner that makes accurate references to UPS and UPS's services. End User may not use the UPS Mark in any way that implies endorsement or sponsorship of the Application or any other product or service of End User or any third party. End User may not remove or modify in any manner the Information, the UPS Mark or any other UPS mark, trademark or service mark that appears on screens or forms generated by the UPS Systems and which appear on the Application via the Interfaces.
- Positive Presentation. End User may not use the UPS Mark in any way that, in UPS's judgement, diminishes or otherwise damages the goodwill in the UPS Mark. End User may not use the UPS Mark in connection with any product or service that infringes any intellectual property rights of UPS or violates any state, federal, national or international law, regulation or ruling or is harmful to UPS's reputation or business. Except as expressly provided herein, End User may not otherwise use the UPS Mark without the prior written approval of UPS.
- Information. Within the Application, End User may not amend, delete or modify any data field generated by the UPS Systems and which appears on the Application via the Interfaces.
- Authorisation. End User must conspicuously display the following language, or such other language provided by UPS from time to time, in reasonable proximity to the tracking input and output information screens: "NOTICE: UPS tracking systems and the information they contain are the private property of UPS and may be used solely to track shipments tendered by, to or for you to UPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is strictly prohibited. You may not make information obtained through the tracking systems available on any Web site or otherwise distribute the information."
- Trademark.
- End User agrees and acknowledges: (i) that UPS has rights to the UPS Mark and all associated goodwill, (ii) that its use will inure to the benefit of UPS and (iii) not to adopt, use, or register any corporate name, trade name, domain name, trademark, service mark, certification mark or other designation similar to, or containing in whole or in part, the UPS Mark. UPS shall have the sole right to and in its sole discretion may commence, prosecute or defend and control any action concerning the UPS Mark. End User shall cooperate with UPS in enforcing UPS's rights identified in this subsection.
- Although this Agreement does not constitute a licence, the rights granted to licensees under Section 26 of the Australian Trade Marks Act of 1995 (Commonwealth) and Section 27 of the New Zealand Trade Marks Act 1953 are specifically excluded.
- End User agrees to maintain the quality of the Application at a level that meets or exceeds standards of quality and performance generally accepted in the industry. End User shall fully correct and remedy any deficiencies in its use of the UPS Mark and conformance to the requirements of this Section upon reasonable notice from UPS.
- The UPS Mark may not be used in any manner that expresses or might imply UPS's affiliation, sponsorship, endorsement, certification or approval, other than as contemplated by this Agreement.
- End User shall not use the UPS Mark in association with any third party trademarks in a manner that might suggest co-branding or otherwise create potential confusion as to source or sponsorship of End User or the Application, or ownership of the UPS Mark.
- The UPS Mark shall be used only as provided by UPS electronically or in hard copy form. The UPS Mark may not be altered in any manner, including proportions, colors, elements, etc., or animated, morphed or otherwise distorted in perspective or dimensional appearance.
- The UPS Mark may not be combined with any other symbols, including words, logos, icons, graphics, photos, slogans, numbers or other design elements. A minimum amount of empty space must surround the UPS Mark separating it from any other object, such as type, photography, borders, edges, etc. The required area of empty space around the UPS Mark must be 1/3x, where x equals the height of the UPS Mark.
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