Trademark Usage


Legal Guidelines

Marlin Integrated Capital Holding Corporation ( "Marlin" , "us", or "we")

The following guidelines govern your use of trademarks, service marks, logos, and trade names of Marlin and/or an affiliate ("Marlin Mark" or "Marlin Marks"). Your right, if any, to use such Marlin Marks was granted pursuant to your written agreement, as mutually agreed to by you and Marlin. In the event that the terms of these guidelines conflict with such agreement, the terms of such agreement shall prevail. Before using any Marlin Marks, including any Marlin logo, please review your Marlin agreement to ensure that you have the rights for such use Marlin Marks. If your agreement does not grant you the rights to use a Marlin Mark, you cannot use such Marlin Mark in your advertising or marketing collateral or other materials.

Your agreement with Marlin and these guidelines do not give you any ownership rights in the Marlin Marks. You acknowledge that the Marlin Marks shall remain the exclusive property of Marlin. All goodwill arising out of your use of the Marlin Marks inures to the benefit of Marlin. Your limited right to use the Marlin Marks terminates upon the termination of your respective agreement with Marlin.

You are required to submit all advertising or marketing collateral or other materials referencing Marlin or the Marlin Marks to the Marlin representative(s) named in your agreement with Marlin for Marlin's prior written review and approval. If Marlin's approval is granted for such materials, Marlin reserves the right to impose such additional terms and conditions as it deems reasonably appropriate, and to revoke such approval at any time. In the event that you fail to follow these guidelines, Marlin reserves the right to disapprove your use of any Marlin Mark and require you to discontinue use of any advertising or marketing collateral or other materials referencing Marlin or the Marlin Marks.

In order for you to use the Marlin Marks, you must follow the guidelines set forth herein. Marlin retains the right to amend and/or update these guidelines from time to time. In the event that Marlin does update these guidelines, you must update your advertising or marketing collateral or other materials within sixty (60) days of Marlin's release of an update and resubmit such materials to Marlin for written approval.

The following general requirements apply to your use of the Marlin Marks in addition to the other guidelines set forth herein.

Do:

  • Clearly identify a Marlin Mark as a trademark of Marlin on all advertising or marketing collateral and other materials using a Marlin Mark as follows: "[Mark] is a trademark of Marlin." or at a minimum, such materials should state "All trademarks, trade names, logos, and service marks referenced herein belong to their respective companies"
  • Use the appropriate trademark designation for all Marlin Marks, such as MarlinTM receivables services", on the first reference of any Marlin Mark in packaging, documentation, press releases, and other approved advertising or marketing collateral or other materials. You can contact Marlin Legal Department for information. Please note that the trademark and service mark status of a Marlin Mark may change from time to time (for example, from a common-law trademark designation "TM", to federally-registered trademark status ®). Please ensure that you are using the current designation. For questions on such designations, contact Marlin's Legal Department
  • Capitalize the first letter of all Marlin Marks unless otherwise specified
  • Reference the Marlin product and use the Marlin Marks in a positive manner
  • Reproduce the Marlin logos from the approved Marlin logo files on applicable CD, electronic file, disk, and/or website

Do Not:

  • Display any Marlin Mark on any materials, including but not limited to packaging, stationery, documentation, or collateral materials, in a way that suggests that "Marlin," "Marlin, Inc.," or any Marlin product or services are part of your trade name, services, or products
  • Display any Marlin Mark so that it is larger or more prominent than your product name, logo, trademark, trade name, or service mark
  • Reference any product or service as being Marlin "authorized, certified, or approved," or make any representation that might lead someone to believe that they are Marlin "authorized, certified, or approved," without prior written authorization from Marlin. Organizations that provide services such as training, user groups, or consulting may contact the Marlin department responsible for these programs for further information
  • Imply that Marlin is conducting, sponsoring, or associated in any way with seminars, training, or events you conduct, host, or organize without prior written authorization from Marlin, even if such event, etc., concerns Marlin products or services
  • Make any reference to Marlin and its products that would be vague or misleading to the public
  • Include Marlin Marks on any premium items such as mugs, pens, T-shirts, hats, book covers, or other promotional items without Marlin's prior written authorization

If you have any further questions about these guidelines or concerns not covered, please contact our Legal Department.

Last updated 04/08/2005.

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