CAMBRO MANUFACTURING COMPANY
INTELLECTUAL PROPERTY MARKING AND ATTRIBUTION GUIDELINES
- Proper Trademark Use. Trademarks are adjectives and should not be used as nouns or verbs. A trademark may not be used alone, as a noun. Rather, a trademark should be used as an adjective immediately preceding the generic noun that describes the product in question. For example:
CAMBRO ® food service equipment
CAMSHELVING ® standard casters
- Company Name Use. The Cambro name is not only a trademark used to identify our products and services, it also serves as our company name. When using the Cambro name as solely as a reference to the company, Cambro Manufacturing Company (fully spelled out) may be used as a noun and no TM symbol is needed. For example, in a press release, the following use would be proper: Cambro Manufacturing Company announced today a new line of food service equipment products.
- Trademark Attribution. Trademark ownership is attributed in two ways, with the use of a trademark symbol ([TM], [SM] or ®) after the trademark, and with an intellectual property attribution legend, usually found at the end of a document in fine print following the copyright notice. Third parties may only use Cambro's marks to accurately identify Cambro's products through the use of its trademark symbols and legends.
What Is a Proper Symbol? Even though many of the Cambro marks are registered (both in the U.S. and in other countries) third parties referring to the Cambro marks should use the [TM] or [SM] symbols for trademarks and services marks, respectively, unless the artwork third parties receive from Cambro contains the ® symbol. A trademark is a mark used on or in connection with a tangible product (for example, a CAMTREAD ® tray and the CAMTARY ® product line). Technically, a service mark is used in connection with the provision of services (for example, a Cambro [SM] consulting services program).
Where is the Symbol Placed? The symbol is placed immediately after the trademark, either in superscript or subscript. If you don't have the appropriate symbol keys in your word processing software, then using the symbols in parenthetical form is appropriate as (tm) or (sm).
How is the Symbol Used?
- Most Prominent Use: A trademark symbol is required for all prominent use of the mark (on labels, packaging, promotional brochures, data sheets, press releases and advertisement headlines, except where space or style criteria prevent compliance with this requirement.
- First Use in text: A trademark symbol is required upon the first use of the mark in text or body copy, even though the symbol may have already been used in the title or other prominent use.
- Within Intellectual Property Legends: All Cambro trademarks that are used in a particular piece must be attributed in an appropriate trademark legend. The legend may be presented in fine print, but must be large enough to be legible. It generally appears at the end of a document or on the back of a package, but it may be placed elsewhere, such as inside the front cover of documentation, or the bottom of a web page.
- What is Cambro's Proper Trademark Legend? Cambro uses a standard trademark legend that does not change except to add the marks that are referenced in the text, which is set forth as follows:
"Cambro, Cambro Manufacturing Company, the Cambro Logo [insert all other Cambro Trademarks, Special Program Logos, Products Names, Service Names, Program Names, and slogans that are referred to or displayed in the document] are trademarks or registered trademarks of Cambro Manufacturing Company In the United States and/or other countries."
INTERNET WEBSITE LINKING AGREEMENT
This Linking Agreement is entered into as of the date that You enter or use this website and create a hyperlink to any internet website or other materials owned by Cambro Manufacturing Company, a California corporation located at 5801 Skylab Road, Huntington Beach, California 92647-2056 ("Cambro").
Following are the terms and conditions that govern your use of Cambro's name and logo in association with any internet website or other authorized use. These terms and conditions of use constitute a legal agreement between You and Cambro, owner of the cambro.com website or other internet website owned by Cambro (the "Site"). Please read this agreement in its entirety before you create a hyperlink between your web site ("Your Site") and the Site. By creating such a hyperlink, You indicate your acknowledgment and acceptance of the Terms and Conditions set forth below without limitation or qualification. Cambro may revise these Terms and Conditions at any time, which revisions will be binding upon You.
- Proprietary Rights. You agree that the Site, including, without limitation, all content, text, photographs, products, images, software, media and other materials therein, is proprietary to or licensed by Cambro, is protected under copyright, trademark, and other intellectual property laws, and may not be reproduced, transmitted, displayed, published or distributed without the express prior written consent of Cambro.
- License. Subject to these Terms and Conditions, Cambro grants You a non-exclusive, limited, revocable and royalty-free license to provide a hypertext reference link ("Link") on Your Site to the initial, top level display (home page) of the Site, as identified by the following Uniform Resource Locator ("URL"): www.Cambro.com, or other such URL indicated in writing to You by Cambro in the future, solely for the purpose of linking Your Site to the Site, and for referencing the Site under these terms and provisions. You shall have no rights to any of the trademarks, tradenames, service marks, copyrights, text, graphics, photographs, software, logos, slogans or any other materials contained in the Cambro site, and you acknowledge and agree that all such rights are owned exclusively by Cambro.
Cambro grants You a non-exclusive, limited, revocable license to use the Cambro Name and the Cambro Logo (attached as Exhibit A), and related goodwill, solely for the purpose of creating and publishing an authorized Link on Your Site. You agree to properly and accurately display the Cambro Name and/or the Cambro Logo (having an image dimension of at least 120 x 38 minimum with at least 24-bit RGB true color) in connection with any Link on Your site, which must be placed above the fold of the first page of Your Site. You agree that You will not modify or alter the Cambro Name and/or the Cambro Logo in any manner and that, if You use the Cambro Logo as part of the Link on Your Site, the Logo will be used in its entirety. Cambro will monitor, on a quarterly basis, your use of Cambro's Name and Logo, and associated products and services, for quality control purposes to ensure that you are maintaining the high quality standards of Cambro.
- Link Limitations. You shall not: (a) display or use a Link in a manner that causes the Site or any portion of its content to display within a frame, be associated with any advertising or sponsorship not part of the Site, or otherwise incorporate Site content into a third-party web site; (b) display or use an online link to any information file contained in the Site; (c) alter, block or otherwise prevent display of any content of the Site; (d) link to the Site through any URL or mirrored site, other than Your Site; or (e) link to the Site if, to a reasonable person, Your Site contains obscene, defamatory, harassing, grossly offensive, or malicious material.
- Limitations on References to Site. With Cambro's express written approval, in addition to the Link, You may refer to the Cambro Name, or describe the Cambro products or services, in Your Site. You agree that no such references or descriptions to which Cambro objects, or gives written notice of its objection, will be published in Your Site. You agree to promptly remove any such objectionable reference or description within five business days after receipt of such written notice from Cambro.
- Term and Termination. The term of this Agreement shall begin on the date You use either the Cambro Name or the Cambro Logo on Your Site. You may terminate this Agreement at any time upon ten (10) days prior written notice to Cambro. Cambro reserves the right to terminate this Agreement at any time, without notice, for any reason whatsoever.
Upon termination, You shall immediately: (a) discontinue or disable the Link; (b) remove the Link, the Cambro Name and the Cambro Logo from Your Site; (c) remove all references to Cambro by name or Cambro's trademarks, or descriptions of Cambro's services from Your Site; and (d) destroy any copies of data from the Site in Your possession, custody or control.
- Limitation of Liability/Indemnification. Cambro shall not be liable to You or any other persons for any loss resulting from an interruption of the Link or the Site. Except as provided for in this Agreement, Cambro disclaims any and all representations, warranties, or conditions, including any and all warranties or warranties of merchantability, fitness, or suitability for any purpose with respect to the Link and the Site. Under no circumstances shall Cambro be liable to You or any other persons, for lost profits, or any other special, incidental, indirect, consequential or punitive damages of any kind, including without limitation, damages arising out of the loss of the use or use of the Link or the Site. These limitations apply regardless of whether Cambro was advised, had other reason to know, or in fact knew of the possibility of such damages. You agree to defend, indemnify and hold Cambro harmless from any and all activities associated with Your Site, including but not limited to any third party claim for any infringement, product liability, personal injury, advertising injury, privacy violations or any other commercial and non-commercial uses or activities based, in whole or in part, through the use of a Link to the Site.
- Law and Dispute Resolution. This Agreement shall be governed by the laws of the State of California and the United States without reference to conflicts of laws. You agree that any controversy or claim arising out of or relating to this Agreement, other than requests for injunctive relief, shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in Orange County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The definitions of Cambro, You, Site, Your Site, Link, and the provisions of Sections 1, 5, 6 and 7 shall survive any termination or expiration of this Agreement.