These Trademark Guidelines (“Guidelines”) apply to partners, licensees, developers, merchants, users, and authorized resellers who wish to use the trademarks or service marks (“SCE Trademarks”) of The People’s SCE, and its subsidiaries and affiliates (collectively, “SCE”).
SCE Trademarks include not only registered trademarks, but also in general company name, product names, slogans, logos, icons, iconography, designs, texts, images, videos, blogs, case studies, and articles drafted or created by the SCE.
The Guidelines also apply to SCE employees and contractors acting outside the scope of their employment. Any unauthorized or improper use of the SCE Trademarks may constitute infringement and unfair competition in violation of federal, state, and international laws.
Partners, authorized resellers, licensees, merchants and certified parties may be granted additional permissions or be subject to additional restrictions. If you are a SCE licensee or a partner, please consult your agreement for specific requirements applicable to your use of the SCE Trademarks. In the event of a conflict between the applicable agreement and these Guidelines, the terms of the agreement prevail.
The SCE reserves the right to oppose any use of the SCE Trademarks that SCE, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. These Guidelines may be updated from time to time and without notice. It is your responsibility to comply with the most current version of the Guidelines.
1. GENERAL TRADEMARK USAGE GUIDELINES
1.1. In return for permission to use the SCE Trademarks, you agree to follow the requirements set forth in these Guidelines and any other applicable guidelines and policies set by SCE. You also acknowledge that SCE is the sole owner of the SCE Trademarks and agree not to interfere with SCE’s rights in and to the SCE Trademarks, including challenging SCE’s use, registration of, or application to register the SCE Trademarks, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute the SCE Trademarks. The goodwill derived from using the SCE Trademarks belongs exclusively to the SCE.
1.2. The SCE on behalf of its affiliates and subsidiaries hereby grants you, the user of the SCE Trademaks a limited, royalty-free, worldwide, non-exclusive, non-transferable and revocable license to use the SCE Trademarks for the purposes of displaying the SCE Trademark solely as indicated by the SCE. The user must use the SCE Trademarks without modification.
1.3. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. You acknowledge that the SCE retains ownership of all intellectual property rights related to the SCE Trademarks.
2. Prohibited Uses of SCE Trademarks
2.1. Unless otherwise provided in these Guidelines or in a separate agreement with SCE, use of SCE’s logos, company names, trademarks, service marks, product names, or images of SCE products by third parties in marketing, promotional, or advertising materials is prohibited. These Guidelines apply to use of trademarks that are the phonetic or foreign language equivalent, including translations and transliterations, of the SCE Trademarks.
a) Company or Trade Names
You may not use or register the SCE Trademarks as a company name or trade name or as part of such a name.
b) Third Party Product Names
You may not use the SCE Trademarks as part of your product or service name without an express written agreement from SCE authorizing such use. If you are a licensee, review your license agreement to determine whether and under what circumstances you may use the SCE Trademarks in this manner.
c) Social Media
You may not use the SCE Trademarks in connection with social media account names, profiles, monikers, avatars, or handles.
d) AdWords
You may not register the SCE Trademarks as Google AdWords or similar online advertising tools.
e) Publication Titles
You may not use the SCE Trademarks in the title of online or printed magazines, periodicals, book series, and other serial publications without a license.
f) Merchandise and Promotional Items
You may not use the SCE Trademarks on any merchandise or promotional items (e.g., t-shirts, mugs, pens) regardless of whether such items are sold or given away, or provided only to a limited or internal group of people (e.g., employees or customers) without a license.
g) Trade dress
You may not use or imitate SCE’s trade dress, including the look and feel of SCE’s apps, web properties, user interfaces, marketing materials, product packaging, font, colour scheme, and any other imagery associated with SCE.
h) False or Derogatory Use
You may not use the SCE Trademarks in a manner that depicts SCE or its products or services in a false or derogatory manner.
3. Permissible Uses of SCE Trademarks
The SCE licenses the SCE Trademarks for use with only the goods and services that meet SCE’s high quality-standards. SCE reserves the right to object to or prohibit at any time the use of the SCE Trademarks in connection with goods or services that, in SCE’s sole opinion, fail to meet
SCE’s standards of quality. Notwithstanding the foregoing, you may use the SCE Trademarks in the following manners only.
a) SCE Programs
SCE owns several trademarks and related badges that support various SCE programs, such as Affiliate program and others. These marks and badges are expressly reserved for approved participants in the applicable program. Please refer to your agreement with SCE, and any applicable program guidelines, for more information on proper use of SCE Trademarks.
b) SCE logos
Unless expressly authorized by SCE, any use of SCE logos is prohibited. If you have received authorization from SCE to use a SCE logo (i.e., pursuant to a license or a valid agreement), you must adhere to the terms of your license or agreement and any partnership, program guidelines or SCE policies. The following requirements apply at all times:
– All SCE logos must be reproduced from materials supplied by the SCE.
– Never alter SCE logos.
– Each representation of the SCE logo should be consistent, undistorted, and clear.
– If you have any questions, contact [email protected].c) Compatibility with Third Party Products
SCE word marks (but not logos, including stylized word marks or other graphic depictions of the SCE Trademarks) may be used in an informational context to inform consumers that a third-party product is compatible with the referenced SCE product, provided that such use complies with these Guidelines and the following requirements:
– The SCE Trademark is not part of the third-party product name.
– The SCE Trademark appears less prominently than the third-party product name.
– The SCE Trademark is used only in a referential context.
– The third-party product is compatible with the specific SCE product or service referenced.
– The use does not falsely imply a sponsorship, certification or endorsement by, or a partnership or affiliation with, SCE.d) Educational and Informational purposes
SCE word marks (but not logos, including stylized word marks or other graphic depictions of the SCE Trademarks) may be used in an informational context to describe the subject matter of an educational or informational program, such as training presentations and “how-to” videos, provided that the SCE marks appears less prominently than the rest of the program title and is used only in a referential context.
e) Publication Titles
SCE word marks (but not logos, including stylized word marks or other graphic depictions of the SCE Trademarks) may be used in the title of single-issue publications, provided that such use complies with these Guidelines and that your name, logo and/or trademark
must appear more prominently than the SCE Trademarks. Use of SCE marks must not suggest an endorsement, certification or sponsorship by, or partnership or affiliation with the SCE.
f) Businesses
Businesses may use the SCE Trademark in the manner prescribed and communicated to them by SCE. They may not misuse the SCE Trademark in any way or alter the manner of display as provided to them by SCE and must abide the following rules:
– Businesses cannot use the SCE logos (e.g. eCredits logo) or style to infer that they represent the SCE or any of SCE Trademarks, such as eCredits;
– Businesses cannot solicit for business by using the SCE Trademarks to attempt to falsely show that they represent the SCE or any of SCE Trademarks;
– Businesses cannot use the logo or styling to establish social media groups or online groups aimed at attracting followers or solicit for business directly under the SCE Trademarks;
– Use of the downloadable logos and other SCE Trademarks is intended for the purpose of enabling merchants who accept eCredits to demonstrate to their customers that they accept eCredits. The SCE Trademarks are to be used solely to demonstrate eCredits acceptance and not be used as a brand.4. Termination.
4.1. SCE may revoke its permission to use the SCE Trademarks at any time by providing written notice to you. Upon receipt of written notice of termination, you will discontinue all use of the Trademarks within 8 days.
5. Miscellaneous.
5.1. These Guidelines are governed by and construed in accordance with the laws of Luxembourg. All disputes arising out of or in relating to these Guidelines will be subject to the exclusive jurisdiction and venue of the state and federal courts of Luxembourg city, Luxembourg. Nothing in these Terms of Use is intended to confer any benefit, right, or remedy upon any person other than you and the SCE.
5.2. If any provision of these Guidelines is found to be unenforceable, that provision will be severed, and the remainder of these Guidelines will continue in full force and effect. In such a case, the parties will engage to agree an effective and enforceable provision that most closely relates to the purpose of the invalid provision.
5.3. The SCE may revise these terms from time to time. If the SCE revises these Guidelines, the revised Guidelines will supersede prior versions. The SCE will provide you advance notice of any material revisions via email.
5.4. Your continued use of SCE Trademarks constitutes your acceptance of any revisions of these Guidelines. If you don’t agree to the revisions, you should stop using the SCE Trademarks. Neither party may assign, delegate, or otherwise transfer its rights under these Guidelines without the prior written consent of the other party, except that SCE may assign these Guidelines to a SCE affiliate or subsidiary.
The People’s SCE
March, 2023