Brand Terms & Guidelines

USE OF the 100on100 BRAND FEATURES

We require that you have the 100on100 Relay's explicit written permission before using any 100on100 Relay Brand Features. These Brand Features can be used only pursuant to these Guidelines, our Terms and Conditions, and for the specific purposes for which the 100on100 Relay has given permission. If you have a written agreement with the 100on100 Relay that specifically addresses how you may use its Brand Features, you don't need to go through the approval process here unless you want to do something other than what has been authorized in your existing agreement. Otherwise, the only time you can use Brand Features without advance written permission is if there is clear and express language on our website stating that you can use those Brand Features without first obtaining permission.

When you use any of our Brand Features, you must always follow the Rules for Proper Usage included in these Guidelines. In addition, the 100on100 Relay may provide you with written requirements as to the size, typeface, colors, and other graphic characteristics of the 100on100 Relay Brand Features. If we provide these requirements to you at the time of our approval, you must implement them before using our Brand Features. If we provide these requirements to you after we initially gave our permission, you must implement them within a commercially reasonable timeframe.

APPROVAL PROCESS

To request approval, email robert_oneil@100on100.org the details of the use you are requesting. You can't use 100on100 Relay Brand Features until we have expressly granted you approval.

The approval to use 100on100 Relay Brand Features is limited to the information provided in your request. If your anticipated use changes, before or after, the 100on100 Relay grants approval, you must update your request accordingly.

TERMS AND CONDITIONS

If the 100on100 Relay approves your request to use any 100on100 Relay logos, web pages, photos, or other distinctive features ("100on100 Relay Brand Features"), you agree to be bound by the following terms and conditions (the "Agreement").

You agree to comply with the Guidelines for Third Party Use of 100on100 Relay Brand Features. So long as you do so, and provided that 100on100 Relay expressly approves your permission request, 100on100 Relay grants you a non-transferable, non-exclusive, royalty-free limited license to use the 100on100 Relay's Brand Features set forth in your corresponding Permission Request Form for the sole purpose and only for the materials set forth therein. Any use of the 100on100 Relay Brand Features must be accompanied by a notice that clearly indicates that the 100on100 Relay Brand Features are distinctive brand features of 100on100 Relay Inc.

100on100 Relay reserves the right in its sole discretion to terminate or modify your permission to display the 100on100 Relay Brand Features and to take action against any use that does not conform to these terms and conditions, infringes any 100on100 Relay intellectual property or other right, or violates applicable law.

Except as set forth above, nothing herein grants or should be deemed to grant to you any right, title or interest in or to the 100on100 Relay Brand Features. Your use of the 100on100 Relay Brand Features will inure to the benefit of 100on100 Relay. You agree not to challenge or assist others to challenge the 100on100 Relay Brand Features (except to the extent such restriction is prohibited by applicable law), and you agree not to register or attempt to register any domain names, trademarks, trade names, or other distinctive brand features that are confusingly similar to those of 100on100 Relay.

The 100on100 Relay Brand Features are provided "as is" and the 100on100 Relay disclaims any warranties either expressed or implied by law regarding the 100on100 Relay Brand Features, including warranties of noninfringement. Furthermore, because you are not being charged for use of the 100on100 Relay Brand Features, in no event shall 100on100 Relay be liable to you for the subject matter of this Agreement under any theory of liability including for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages arising out of this Agreement or the use of the 100on100 Relay Brand Features. This limitation shall apply even if 100on100 Relay was or should have been aware or advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy stated herein. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.

You may not assign your rights or delegate your obligations under this Agreement without 100on100 Relay's prior written consent. This Agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party. This Agreement will be governed by and construed in accordance with the laws of the State of Vermont, without regard to conflict of law principles. The venue for any dispute or claim arising out of or in connection with this Agreement shall be in Chittenden County, Vermont. The parties are independent contractors. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other. The waiver by 100on100 Relay of a breach of any provision hereof shall not be taken or held to be a waiver of the provision itself. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect. This Agreement, and the Guidelines for Third Party Use of 100on100 Relay Brand Features, constitute the entire agreement between the parties with respect to the subject matter hereof.