Exhibit A – DrumMax Trademark Usage Guidelines
As an independent retailer of DrumMax products, you must at all times respect DrumMax’s rights in and to the DrumMax Trademarks and comply with the below DrumMax Trademark Usage Guidelines (“Usage Guidelines”). The purchase of goods from DrumMax / American Rod & Gun does not grant you or your company a license to any of the DrumMax Trademarks; DrumMax grants you and your company permission to make informational references only to the DrumMax Trademarks and only as necessary to identify the DrumMax products you are selling through your retail outlet/s.
- DrumMax the trademarks identified at Attachment 1 to these DrumMax Trademark Usage Guidelines (“DrumMax Trademarks”).
- The DrumMax Trademarks are solely owned by DrumMax and you shall never directly or indirectly contest, or do anything to harm or impair, such ownership or the validity of the DrumMax Trademarks.
- You are not authorized to, and as an independent retailer / wholesaler you agree you will not:
- Use any of the DrumMax Trademarks in or as part of your company name or in combination with any other trade name, trademark, service mark or trade dress;
- Incorporate the DrumMax Trademarks into your own product names, service names, trademarks or logos;
- Adopt or use any trade name, trademark, service mark or trade dress which is likely to be confused with, or to dilute, any of the DrumMax Trademarks;
- Use any of the DrumMax Trademarks for any business, goods or services other than DrumMax’s goods and services;
- Apply to register or own any registration of any of the DrumMax Trademarks;
- Sublicense or permit any third party to use any of the DrumMax Trademarks;
- Advertise, promote or otherwise communicate that you are an authorized dealer, retailer, licensee or franchisee for DrumMax or any products offered under the DrumMax Trademarks;
- Advertise, promote or otherwise communicate or use the DrumMax Trademarks in any manner that suggests or implies that you are sponsored or endorsed by or affiliated with DrumMax.
- Display the DrumMax Trademarks in any advertisement or promotional material in any media except in reference to specific DrumMax products offered for sale;
- Display the DrumMax Trademarks on any website except in reference to specific DrumMax products offered for sale;
- Include any DrumMax Trademark in or as part of your in-store, online or outside signage, except as provided in these Usage Guidelines.
- Any use of a DrumMax Trademark as part of an in-store display must be limited to materials provided to you by DrumMax and must be displayed in a manner that complies with the above.
- You may make informational reference to the DrumMax Trademarks, e.g. “We sell DrumMax bass drum beaters.”
- Any reference to the DrumMax Trademarks should identify DrumMax as the owner.
- Always use the appropriate symbol (®, TM or SM) in connection with all DrumMax Trademarks.
- Each use of a DrumMax Trademark should be consistent with its registered form or proper usage and should not be altered in any manner or combined with other terms. Do not vary any DrumMax Trademarks by changing the spelling or abbreviating the mark or altering the color or dimensions of the logo. See Attachment 2 for sample usage.
- DrumMax Trademarks should always be used as an adjective and should be accompanied by an appropriate noun. Do not use a trademark as a noun or verb, or in the possessive or plural form.
- Upon request, you will provide copies and/or access to any materials which make use of DrumMax Trademarks for approval by DrumMax.
- You shall refrain from any use of the DrumMax Trademarks other than as described above; any use of the DrumMax Trademarks, other than as described above, must be approved in writing in advance by DrumMax.
- In the event you are no longer selling DrumMax products and/or upon termination of your independent retailer / wholesaler agreement with DrumMax, you will immediately cease all use of the DrumMax Trademarks.
ATTACHMENT 1: DRUMMAX TRADEMARKS