Trademark Rider

WaveMarket Trademarks

1. Developer is hereby granted a non-exclusive, non-transferable, revocable, royalty-free license to use WaveMarket-provided marks and logos (collectively, “WM Marks”) within the United States solely in conjunction with an Approved Application and solely for the purpose of indicating that such Approved Application was created to interface with the Veriplace Platform. Developer acknowledges that it has no right to sublicense the WM Marks. All rights not granted herein are expressly reserved by WaveMarket. Developer acknowledges and agrees that it will not use any WM Marks in any manner that disparages WaveMarket, its affiliates or their licensors, or that otherwise dilutes or tarnishes the WM Marks.
2. Developer’s use of the WM Marks will inure to the benefit, and be on behalf, of WaveMarket and Developer will not have any rights, goodwill, title or interest in or to the WM Marks other than the license expressly granted herein. Developer agrees not to do anything contesting or impairing the trademark or other rights of WaveMarket, including without limitation applying to register as a trademark or domain name, any of the WM Marks, any trademark confusingly similar to any of the WM Marks, or any trademark incorporating any of the WM Marks. Developer hereby assigns to WaveMarket any and all proprietary interests Developer may obtain under applicable law in any territory in the name and/or trademarks or words associated with WaveMarket due to Developer’s use or registration of such names, trademarks or words in such territory. Developer will immediately correct or change its use of any WM Marks upon notice from WaveMarket. Developer will not (a) create a unitary composite mark involving any of the WM Marks; (b) alter any of the WM Marks in any way; or (c) use WM Marks in any manner or for any purpose other than as explicitly permitted in this Agreement.
3. WaveMarket does not grant Developer a license to use the WM Marks as the trade name of any business. Developer agrees to use and display the WM Marks only in the form and manner as are or will be prescribed or approved by WaveMarket from time to time, including the use of appropriate legends and markings. With each use of the WM Marks Developer agrees to indicate that the WM Marks are owned and licensed by WaveMarket. Developer agrees not to use any other trademark, word, symbol, letter or design in combination with the WM Marks. If Developer uses other marks or names with the WM Marks, the other mark(s) and/or name(s) will be sufficiently separated from the WM Marks and sufficiently prominent to avoid the consumer impression that such other marks or their owners are associated with WaveMarket or its products or services.
4. Developer may use the WM Marks only in conjunction with an Approved Application during the Term (as defined in the Veriplace Developer Terms of Service). Developer further agrees to maintain such quality standards when using the WM Marks as prescribed by or acceptable to WaveMarket. WaveMarket may take all reasonable precautions to insure that the WM Marks are used in a manner that is acceptable to WaveMarket, including inspecting all materials on which the WM Marks are used by Developer. Developer will also allow WaveMarket, upon reasonable notice, to periodically inspect the manner in which Developer may use or actually uses the WM Marks. In the event the manner in which any WM Marks are used by Developer does not meet WaveMarket’s quality standards, WaveMarket will notify Developer and Developer will revise such materials within thirty (30) days to address WaveMarket’s quality concerns. If Developer fails to address WaveMarket’s quality concerns in a manner that is acceptable to WaveMarket within the thirty-day period, Developer’s right to use WM Marks will immediately terminate.
5. Developer will assist WaveMarket, as it may deem necessary or appropriate, in establishing and maintaining WaveMarket’s rights in and title to the WM Marks.
6. Upon termination of Veriplace Developer Terms of Use, Developer will immediately discontinue any use of the WM Marks and all colorable imitations of any of the WM Marks.