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Meade Trademark Use Agreement
 
 

Meade has used the logos as set forth below, as may be amended from time to time by Meade, and has developed certain intellectual property rights in connection therewith (all such trademarks, trade names and any other intellectual property rights, taken either individually or collectively, are hereinafter referred to as the "Trademarks"). Meade manufactures and sells, and licenses others to manufacture and sell, the products which incorporate the Trademarks.

Dealer agrees that it shall not engage, participate or otherwise become involved in any activity or course of action that, in Meade's sole determination, diminishes and/or tarnishes the image and/or reputation of the Trademarks. In order to maintain the image and reputation of the Trademarks, Dealer further agrees to abide by the policies and procedures established from time to time by Meade, regarding, without limitation, trademark usage and notices, advertising, promotional activities and media relations.

If Dealer is instructed at any time by Meade to cease using the Trademarks for any reason, dealer shall immediately: (a) cease all use of the Trademarks and comply with the requirements set forth below; and (b) delete any reference to the Trademarks and Meade from any and all advertising, promotional and directory materials.

1.       OWNERSHIP OF THE TRADEMARKS

    1.1 Ownership by Meade: Dealer acknowledges that the Trademarks are owned solely by Meade, and any use by Dealer of such Trademarks shall inure only to the benefit of Meade. Dealer agrees to assign, and does hereby assign, to Meade any and all right, title and interest which it has obtained, or may obtain, in the Trademarks or in any domain name containing or referencing any of the Trademarks. Dealer agrees that it will not seek or obtain any registration of the Trademarks in any similar name or participate directly or indirectly in such registration without Meade's prior written consent.

    1.2 No Warranty: Dealer agrees that the rights granted herein exist only to the extent that Meade owns such rights, and no warranty, express or implied, is made with respect thereto or with respect to the rights of any third parties that may conflict with the rights granted herein. Furthermore, Meade, at its sole discretion, shall have the right, but not the obligation, to seek registrations for the Trademarks as it deems necessary.

    1.3 Appointment of Attorney-in-Fact: Dealer hereby irrevocably appoints Meade as its attorney-in-fact for the limited purpose of executing any and all documents and performing any and all acts necessary to give effect and legality to the provisions of this Agreement.

2.       USE, DISPLAY AND PROTECTION OF THE TRADEMARKS
    2.1 Use of the Trademarks: Dealer agrees to use the Trademarks in a commercially acceptable and reasonable manner and style, as determined by Meade, in its sole discretion, and to protect and enhance the image and reputation of Meade and the Trademarks.

    2.2 No Infringing Use: Dealer shall not have the right to use the Trademarks in any manner that conflicts with the rights of any third party. If, in Meade's sole determination, the use of the Trademarks on any or all of the Products infringes the rights of any third party, or weakens or impairs Meade's rights in the Trademarks, then Dealer agrees to immediately terminate or modify such use in accordance with Meade's instructions, and Dealer shall have no right of damages, offset or termination in connection with this Agreement. In the event Dealer fails to terminate or modify such use as directed by Meade, Meade may, in its sole discretion, terminate this Agreement. Meade has exclusive rights to the Trademarks. Dealer agrees that all products, advertisements and promotional materials bearing one or more of the Trademarks shall include notice attributing ownership of the Trademark(s) to Meade, in the following form, as such form may be amended in Meade's sole discretion:

      For registered Trademarks: "[Trademark] is a registered trademark of Meade Instruments Corp."

      For unregistered Trademarks: "[Trademark] is a trademark of Meade Instruments Corp."
3.       LEGAL ACTIONS

Dealer agrees to cooperate with and assist Meade in protecting and defending the Trademarks, and shall promptly notify Meade in writing of any infringements, claims or actions by others in derogation of the Trademarks; provided, however, that Meade shall have the sole right to determine whether any action shall be taken on account of such infringements, claims or actions.


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® The name Meade, the Meade logo, and ETX are trademarks registered with the United States Patent Office,
and in principal countries throughout the world.
Copyright © 2009 Meade Instruments Corporation, All Rights Reserved.
This material may not be reproduced in any form without permission.