This Paudi Marks Usage Agreement (“Agreement”) sets out the legal terms governing your ability to use the Paudi name, logo, and other registered or unregistered Paudi trademarks and service marks owned by Paudi and its affiliates (“Paudi Marks”) to let your customers know that Paudi (“we”, “us”, “our”) provides services for your business. A list of the Paudi Marks available for use can be found on our Logos and Resources page. This Agreement supplements, and is governed by, your agreement with Paudi for the use of Services provided by Paudi (“Services Agreement”). Your Paudi Agreement is the Paudi Services Agreement, unless you and we agree to substitute a different agreement. Terms used but not defined in this Agreement, such as “Paudi” and “Services”, have the meanings given in the Services Agreement.
You may not use any Paudi 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 Paudi Marks
Paudi Marks are important assets of Paudi’s business and are protected by China and international laws. You are licensed to use the Paudi 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 Paudi Marks from any websites or applications, or other material within a reasonable time.
2. Proper Use of Paudi Marks
Proper Use: You may only use the Paudi Marks on the portion of your website or application that directly relates to the Services, such as on a checkout page utilizing our payment processing services. All Paudi Marks should directly link to our homepage at www.paudimodel.com. Where only the Paudi name or logo is used, as opposed to the “Powered by Paudi” or “Connect with Paudi” logos, we ask that you provide proper trademark attribution crediting ownership of the Paudi Marks to us, such as:
The Paudi name and logos are trademarks or service marks of Paudi, Inc. or its affiliates in the China. and other countries. 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 Paudi Marks. You may only use the Paudi Marks consistent with those guidelines except where we expressly agree otherwise with you in writing. You will update your use of the Paudi 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 Paudi Mark being used, unless otherwise directed by us to use the ® symbol. All Paudi Marks used should directly hyperlink to the Paudi home page located at www.paudimodel.com.
Users of the Paudi Atlas Service: If you use the Paudi Atlas Service (as defined in the Paudi Atlas Services Agreement), you may place the Paudi Atlas badge (provided to you by Paudi) prominently on the homepage of your website. The Paudi Atlas badge should directly link to the Paudi Atlas landing page at Paudimodel.com/atlas. Any other use of the Paudi Atlas badge is subject to our prior written consent, and your use of the Paudi Atlas badge must otherwise be in accordance with the terms of this Agreement. Your use of the Paudi Atlas Service is governed by the Paudi Atlas Services Agreement.
Paudi Verified Partners: If you are a Paudi Verified Partner (as defined in the Paudi Partner Program Agreement) in good standing, you may place the Paudi Verified Partner badge (provided to you by Paudi) prominently on the homepage of your website. Any other use of the Paudi Verified Partner badge is subject to our prior written consent, and your use of the Paudi Verified Partner badge must otherwise be in accordance with the terms of this Agreement. Your status as a Paudi Verified Partner is governed by the Paudi Partner Program Agreement.
3. Impermissible Uses of Paudi Marks
You may not display, copy, modify, transmit or otherwise use the Paudi Marks except as described in this Agreement, the guidelines, or otherwise agreed in writing by Paudi. You may not use the Paudi Marks to show Paudi 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 Paudi Marks.
You may not use the Paudi Marks to imply endorsement by Paudi of your products or services, or in a manner that causes customer confusion. You may not misrepresent your relationship with Paudi, or use the Paudi Marks in any manner that is misleading. You may not use the Paudi 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 Paudi Marks that we determine is non-compliant with this paragraph.
In addition to protecting the Paudi Marks, it is important to us that you maintain an independent brand. Even where use of Paudi 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 Paudi’s. For example, “Foo Analytics for Paudi” or “Bar Analytics powered by Paudi” are acceptable and emphasize your brand; but “Paudi Analytics”, “Paudi for Platforms”, or “Paudilytics” are unacceptable and emphasize the Paudi Marks. You may not use the Paudi Marks or any confusingly similar name or trademark with your product, service, company, or domain name. For instance, you may not use names like “Paudi Business Services”, “Paudi for Platforms” or domains like “getPaudi.com.”
4. No Warranties
As part of this Agreement, we do not make any representations regarding your use of Paudi Marks. We disclaim all warranties, express and implied, including any warranties of non-infringement.
5. Your Liability For Third-Party Claims
You will indemnify Paudi, its affiliates, and their respective employees and agents (each a “Paudi Entity”) against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against a Paudi Entity that results from your impermissible use of any Paudi 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 Paudi Entities for, any liability incurred by the Paudi Entities in connection with such Claims.
You will fully cooperate with the Paudi 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 Paudi’s authority to control any defenses or responses against any such Claims, and you agree to cooperate with any Paudi 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 trademarks(at)Paudi.com.
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 Paudi 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.