CHEERS. – CHEERS USAGE AGREEMENT
Last Updated on December 15, 2019
This Consol Home Energy Efficiency Rating Service (“CHEERS”) Marks Usage Agreement (“Agreement”) sets out the legal terms governing your ability to use the CHEERS name, logo, and other registered or unregistered CHEERS trademarks and service marks owned by CHEERS and its affiliates (“CHEERS Marks”) to let your customers know that CHEERS (“we”, “us”, “our”) provides services for your business. A list of the CHEERS Marks available for use can be found on our Logos and Resources page. This Agreement supplements, and is governed by, your agreement with CHEERS for the use of Services provided by CHEERS (“Services Agreement”). Your CHEERS Agreement is the CHEERS Services Agreement, unless you and we agree to substitute a different agreement. Terms used but not defined in this Agreement, such as “CHEERS” and “Services”, have the meanings given in the Services Agreement.
You may not use any CHEERS Marks without having agreed to abide by all of the terms and conditions in this Agreement, and unless you do so in accordance with this Agreement.
1. Permission to Use CHEERS Marks
CHEERS Marks are important assets of CHEERS’ business and are protected by US laws. You are licensed to use the CHEERS Marks as described in this Agreement on a non-exclusive, non-transferable basis on websites or applications that utilize the Services (as defined in the Services Agreement). However, your use is subject to the terms set out in this Agreement, and we may terminate your license via (i) our absolute ability to supervise, monitor, and revoke your license at any time and at our discretion, or (ii) your non-use or cancellation of the Services. Upon termination of the license, you agree to promptly remove any CHEERS Marks from any websites or applications, or other material within a reasonable time.
2. Proper Use of CHEERS Marks
Proper Use: All CHEERSy Marks should directly link to our homepage at www.cheers.org. Where only the CHEERS name or logo is used, we ask that you provide proper trademark attribution crediting ownership of the CHEERS Marks to us, such as:
The CHEERS name and logos are trademarks or service marks of Consol Home Energy Efficiency Rating Service. or its affiliates. Other names may be trademarks of their respective owners.
Brand Guidelines: We may also provide you with style or usage guidelines describing such things as size, color, or relative placement of CHEERS Marks. You may only use the CHEERS Marks consistent with those guidelines except where we expressly agree otherwise with you in writing. You will update your use of the CHEERS Marks to conform to changes in the guidelines within a reasonable time after we provide you notice of the change.
Attribution: The TM or SM Symbol should be prominently displayed in conjunction with any CHEERS Mark being used, unless otherwise directed by us to use the ® symbol. All CHEERS Marks used should directly hyperlink to the CHEERS home page located at www.calenergy.org.
3. Impermissible Uses of CHEERS Marks
You may not display, copy, modify, transmit or otherwise use the CHEERS Marks except as described in this Agreement, the guidelines, or otherwise agreed in writing by CHEERS. You may not use the CHEERS Marks to show CHEERS or the Services in any disparaging or derogatory light, or in any way that may be damaging to our brand or to our interests in the CHEERS Marks.
You may not use the CHEERS Marks to imply endorsement by CHEERS of your products or services, or in a manner that causes customer confusion. You may not misrepresent your relationship with CHEERS, or use the CHEERS Marks in any manner that is misleading. You may not use the CHEERS Marks in relation to goods or services that are unrelated to the Services. In addition to any other right that we may have to enforce the terms of this Agreement, you must promptly comply with any request that we make for you to cease a use of the CHEERS Marks that we determine is non-compliant with this paragraph.
In addition to protecting the CHEERS Marks, it is important to us that you maintain an independent brand. Even where use of CHEERS Marks is permitted, we suggest that you prominently use your own marks in a manner that makes your brand or any other descriptor of your goods/services clearly distinguishable from that of CHEERS’s. You may not use the CHEERS Marks or any confusingly similar name or trademark with your product, service, company, or domain name.
4. No Warranties
As part of this Agreement, we do not make any representations regarding your use of CHEERS Marks. We disclaim all warranties, express and implied, including any warranties of non-infringement.
5. Your Liability For Third-Party Claims
You will indemnify CHEERS, its affiliates, and their respective employees and agents (each a “CHEERS Entity”) against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against a CHEERS Entity that results from your impermissible use of any CHEERS Marks, as described in Section 3 above, including any third party Claims based on trademark or copyright infringement, dilution, passing off, counterfeiting, or unfair competition. You will also responsible for, and will fully reimburse the CHEERS Entities for, any liability incurred by the CHEERS Entities in connection with such Claims.
You will fully cooperate with the CHEERS Entities by providing reasonable assistance, authority, information, and resources where applicable, in order to assist with the defense of the Claims described in the previous paragraph. You recognize CHEERS’ authority to control any defenses or responses against any such Claims, and you agree to cooperate with any CHEERS Entity that wishes to assert such authority.
6. Contacting Us
If you have any questions about this Agreement, please don’t hesitate to contact us at firstname.lastname@example.org.
7. Other Legal Provisions
Except as otherwise agreed upon in writing between you and us, this Agreement is the entire agreement between you and us regarding your use of the CHEERS Marks. We may terminate this Agreement at any time upon notice to you. You may not transfer this Agreement to any third party. This Agreement is governed by the laws and dispute provisions specified in the Services Agreement, which are incorporated into this Agreement by reference. If any provision or portion of this Agreement is held to be invalid or unenforceable, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.