Copyright Notice
All information, content, and materials included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Installation Made Easy® (IME), its content suppliers and protected by United States and International copyright laws. All software used on this site is the property of IME, its Business Partners, or its software suppliers and is protected by United States and International copyright laws. Information, content, and material from any IME Site or any Internet site owned, operated, licensed, or controlled by IME may not be copied for commercial use or distribution, nor may this information, content, or material be modified or reposted to other sites, except as provided in a IME Affiliate Agreement or with prior written approval of IME.
Terms & Conditions
This site is solely for the use of Affiliates of Installation Made Easy, Inc. (“IME Affiliates”). An IME Affiliate is an entity that has executed an IME Affiliate Agreement and is currently participating in one or more of Installation Made Easy’s (“IME”) marketing programs. Any other use of this site is strictly prohibited. Use of this site is subject to the following terms and conditions. These terms and conditions are supplemental to any relevant terms and conditions in the IME Affiliate Agreement and in the event of a conflict between two such provisions pertaining to the use of an IME trademark or the trademark of an IME Business Partner (collectively the “IME and BP Marks”), the provision that is more restrictive as to the use of said trademarks shall apply. In the event of a conflict between the indemnification provision set forth below and the indemnification provision in the IME Affiliate Agreement, the provision providing for the greatest indemnification of IME or its Business Partners by the IME Affiliate shall govern. An IME Business Partner is any entity with which IME has a business relationship pursuant to which IME Affiliates market goods and/or services to the entity’s members or customers.
1. Infringement. The IME Affiliate hereby represents and warrants that it has obtained all releases, assignments, licenses, permits or other authorizations needed to use the photographs, copyrighted materials, art work and any other property or rights included in, or used to develop marketing and promotional materials using this site. If any claim or proceeding is brought against IME or an IME Business Partner including allegations that the marketing and promotional materials created by the IME Affiliate using this site infringe any copyright, trademark or other right of any third party, the IME Affiliate will defend or settle such proceeding at its expense, provided IME and/or the IME Business Partner promptly notifies the IME Affiliate of such claim, in writing, grants the IME Affiliate the authority to defend and settle such
proceeding and cooperates with counsel chosen by the IME Affiliate.
2. IME Affiliate’s Use of IME and BP Marks. IME hereby grants to the IME Affiliate a nonexclusive, nontransferable, fully paid up, privilege and license to use the IME and BP Marks set forth below for the sole purpose of marketing IME Services to IME Affiliate customers, during the term of this Agreement. IME Affiliate shall not use the IME and BP Marks in any manner other than as set forth above.
IME Affiliate acknowledges that IME and its BP are the owners of the entire right, title, and interest to and in the IME and BP Marks, acknowledges the validity of IME and its Business Partner’s title to the IME and BP Marks, and agrees not to challenge or cooperate in challenging IME’ or its Business Partners’ right in the IME and BP Marks. IME Affiliate further agrees that during the term of and after the termination of this Agreement, however occurring, IME Affiliate shall not do any of the following:
(i) Use the IME and BP Marks of any components or any words or marks confusingly similar thereto, except as permitted herein; or
(ii) Apply for or seek registration anywhere at any time of the IME and BP Marks or any components or any words or marks confusingly similar thereto; or
(iii) Use the IME and BP Marks or any components or any works or marks confusingly similar thereto in any corporate or trade name; or
(iv) Do anything or commit any act that might prejudice or adversely affect the validity of the IME and BP Marks or IME or its Business Partners’ ownership thereof.
IME Affiliate expressly recognizes the importance to IME and its Business Partners, their reputation and good will, and to the public, of maintaining high, uniformly applied standards of quality in its use of the IME and BP Marks. Accordingly, IME Affiliate agrees that with regard to its use of the IME and BP Marks and with regard to marketing the IME Services in connection therewith, it shall use standards of quality at least as high as those standards used by IME and its Business Partners. IME Affiliate expressly recognizes and agrees that irreparable injury would be caused to IME and its Business Partners by any unauthorized use of the IME and BP Marks, and IME Affiliate agrees that, in addition to all other remedies available to IME and its Business Partners in law or in equity, IME and its Business Partners may be entitled to temporary or permanent injunctive relief in the event of a breach of this section by IME Affiliate.
3. Advertising and Publicity. Use of all marketing and promotional materials produced using this site shall be subject to IME’ prior written approval. Prior to using any such marketing and promotional materials, the IME Affiliate shall submit all signs, sales brochures, newspaper advertisements, all sales promotional plans and devices, and all customer or contractor forms, warranty certificates, and other forms and materials, that feature one or more of the IME and BP Marks, to IME for approval. IME Affiliates shall not use any such advertising material or sales promotional plans or devices without such prior approval. IME may disapprove any or all such advertising forms and other materials for any reason whatsoever.