Last updated: June 29, 2022
These Fresair Trademarks Usage Guidelines (these “Guidelines”) outline how we permit the use of Fresair’s trademarks, brandnames, tradenames, service marks, service names, domain names and logos (collectively, “Fresair Trademarks”).
We have developed these Guidelines with the following goals in mind: We wish to make it easy for anyone to use the Fresair Trademarks for Community-Oriented Efforts in a manner that helps to spread and improve Fresair.
For the sake of these guidelines, “Community-Oriented Effort”means a non-profit effort or outreach, which is made to encourage the use of the Fresair products.
If you wish to use the Fresair name in a for-profit project, please contact us as specified below.
We wish to make it clear how Community Oriented Efforts can, or cannot, use the Fresair Trademarks.
We wish to prevent anyone from using the Fresair Trademarks in an unfair profit form and to trick or confuse people who are looking for resources officially released by Fresair.
You acknowledge and agree that we are the sole and exclusive owners of the Fresair Trademarks, and that we retain all intellectual property rights in and to the Fresair Trademarks and goodwill associated with Fresair Trademarks and any goodwill generated by your use of any Fresair Trademarks will inure to our exclusive benefit.
You shall at no time contest, challenge, encourage or aid third-parties in contesting the validity or ownership of any Fresair Trademarks or take any action in derogation of our rights therein, including, without limitation, applying to register any trademark, tradename or other designation that is confusingly similar in any way to the Fresair Trademarks.
In plain English: If you have a community project, then it’s ok to use Fresair’s name as long as there is no suggestion that the project is affiliated with Fresair.
Subject to the terms and conditions hereunder, we grant to you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use and display Fresair Trademarks, solely in accordance with these Guidelines and other written instructions provided by us from time to time, and solely as a part of a Community Oriented Effort.
The Fresair Trademarks shall not be displayed in a manner that implies that the project is affiliated with Fresair. This doesn’t just mean that to comply with these Guidelines; you can write, “we are not affiliated with Fresair” in your footer. Instead, you must refrain altogether from using misleading business practices such as using a domain name comprising solely of the word “Fresair” or just using our logo as your website’s logo.
In plain English: Don’t make people think you’re affiliated with Fresair.
Your project must have discernible differences from Fresair’s product. Meaning, it is not a redistribution of the product.
Your use of the Fresair Trademarks is not displayed in a manner that implies that your project, products and/or services are endorsed or sponsored by Fresair.
Using the Fresair Trademarks’ colors as a part of your website’s branding is ok, but you shall not do so if this misleads people to think that the website is a formal Fresair site.
Any deceptive practices, such as using domain names that are meant to mislead people to think that they are using an official Fresair website, are prohibited.
In plain English: We have invested in branding. Don’t change it.
All use of Fresair Trademarks (including any goodwill arising therefrom) shall solely benefit Fresair. Any display of the Fresair Trademarks shall be only in the exact format in which we provide it. No alternate stylization or representation is permitted. Specifically, you may not change the color proportion, or font of any of Fresair Trademarks, or make any additions to or remove any elements from Fresair Trademarks.
Fresair Trademarks shall not be placed on any background that interferes with the readability or display of that Fresair Trademarks.
Fresair Trademarks may not be displayed or used in any manner together with or in the context of any content which is unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, discriminatory, fraudulent, threatening or vulgar; or which harms or may harm the goodwill of Fresair (in Fresair’s reasonable discretion). The above examples of unlawful and prohibited use do not constitute an exhaustive list
Unless you received our explicit consent, under no circumstances is it permitted to use Fresair Trademarks as part of a domain name or top-level domain name. We reserve the right to withdraw any abovementioned consent at any time.
In plain English: Don’t use Fresair trademarks in keyword ads.
We do not allow the use of the Fresair Trademarks in advertising, including Google Ads and other search engines.
Use of any Fresair Trademarks is at your own risk. The uses permitted hereunder are provided by Fresair Trademarks “AS-IS,” without any warranties whatsoever, including (without limitation) any warranty of title and non-infringement. You hereby agree to defend, indemnify and hold harmless Fresair and Fresair affiliates and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from your use of the Fresair Trademarks. Without derogating from or excusing your obligations under this section, Fresair reserves the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to indemnification by you without first obtaining our express approval.
In plain English: We may change this.
We reserve the right to change these Guidelines at any time, at our sole discretion, with immediate effect.
In plain English: We can penalize people who abuse these guidelines.
Where we find that you are failing to comply with this policy, we may promptly extract you from our affiliate program and use any and all legal means in its power to stop your activity, including suspension, termination or deactivation of your account. We reserve the right, exercisable at our sole discretion, to take appropriate action against any use without permission or any use that does not conform to these Guidelines.
If you’re using the Fresair brand, trademark or logo for any commercial endeavor, please ask our permission first.
When in doubt about your use of the Fresair name or logo, please contact firstname.lastname@example.org for clarification.
This may be relevant if you want to use Fresair Trademarks as a part of your website, group or other logo or if you’re planning on selling any physical product.