Ulterius Trademark and Logo Usage Requirements

Preface

These Ulterius Trademark and Logo Usage Requirements ("Usage Requirements") set forth Ulterius' rules for using or referring to Ulterius' brands, trademarks, product and service names, logos and slogans. They apply to all Ulterius organizations worldwide and to Ulterius resellers, developers, customers, advertising agencies, consultants, professional writers and editors, licensees and other third parties making reference to Ulterius trademarks. Ulterius reserves the right to modify these Usage Requirements as it deems necessary or appropriate, including by written agreement or license with third parties.

I. Rules of Proper Trademark Use.

A. Use Ulterius Trademarks as Adjectives, Never as Nouns.

Please follow every Ulterius trademark with an appropriate noun consisting of the Ulterius product or service that is branded with the mark. Ulterius trademarks are adjectives and may not be used as nouns, or alone as a shorthand way of identifying a product or service. The Ulterius trademark should be used as an adjective describing a product or service of Ulterius Corporation.

The only exception to this Usage Requirement I.A. is when the "Ulterius" name is used as our company name as opposed to an identifier of one of our products or services (see Usage Requirement I.C. below).

B. No Possessives, Plurals, Verbs or Puns.

Ulterius works hard to build customer goodwill, and it uses its trademarks to harness that goodwill. Please use the marks as they are designed and intended. Since a trademark is not a noun, it must never be used in possessive or plural forms, and should never be used as a verb or a pun.

C. Company Name Use.

The "Ulterius" name is not only a trademark used to identify our products and services, it also serves as our company name. When using the "Ulterius" name as a reference to the company, "Ulterius" may be used as a noun. For example, the sentence "Ulterius announced a new line of workstation products" would be an appropriate use.

D. Proper Trademark Attribution: Symbols and Legends.

Trademark ownership may be attributed in two ways, with the use of a trademark symbol (™, or ®) after the trademark, and with a trademark legend, usually found at the end of a document in legible text following the copyright notice. For information on how to properly use a Ulterius trademark in association with a non-Ulterius product or service, please see Section II of these Usage Requirements.

1. Trademark Symbols:

Assuming you are permitted to use a Ulterius trademark, please make sure to attribute the mark with the proper symbol. Always use the ® symbol with the Ulterius logo. For all other Ulterius trademarks, do not use the ® symbol, but instead use the symbol for products, or the symbol for services. The symbol should be placed immediately after the trademark, either in superscript or in parenthetical form, such as , TM, tm, SM, sm, etc. Trademark symbols should be used on Ulterius trademarks as follows:

a. On products, product labels, and packaging, use an appropriate symbol in each prominent use of the trademark.

b. In every other context, use an appropriate symbol in both the first prominent use of the trademark (in headlines, banners, etc.) and in the first use in the text of body copy.

c. Always use the appropriate symbol incorporated into any of Ulterius' logos.

2. Trademark Legends:

The trademark legend is the legal text that identifies Ulterius' trademarks. The legend should be printed in legible type and in a location typically used for copyright and other legal notices. For example, the legend may be printed at the end of a document, on the back of a package, on the front cover of documentation, or on the bottom of a web page.

Unless you have an agreement with Ulterius that indicates otherwise, use the standard Ulterius legend in any material referencing more than one Ulterius trademark. Parties other than Ulterius may instead use the abbreviated Ulterius legend. Please note that third party licensees will often be legally obligated by license to use a Ulterius trademark legend that also indicates that the Ulterius trademarks are used under license.

STANDARD ULTERIUS LEGEND (for use by Ulterius or third parties): "Ulterius, Ulterius Corporation, the Ulterius Logo [insert all other Ulterius trademarks, logos, product names, service names, program names, and slogans that are referred to or displayed in the document] are trademarks or registered trademarks of Ulterius Corporation in the United States and other countries."

ABBREVIATED ULTERIUS LEGEND (for use by third parties only): "[Insert all Ulterius trademarks that are referred to or displayed in the document] are trademarks or registered trademarks of Ulterius Corporation in the U.S. or other countries."

E. Use of Ulterius Logos.

1. General Rule: Do Not Assume You are Permitted to Use Ulterius Logos.

Except as specifically provided by license or other agreement with Ulterius, third parties may not use any Ulterius logo for any purpose. Even when accurately describing a relationship with Ulterius or support of Ulterius' technology, third parties should not use a Ulterius logo in the absence of an agreement. This includes all Mach2 logos, the Ulterius Corporation corporate logo, and other product and program logos.

2. Ulterius Logos You Can Use.

Ulterius does have several logo programs granting third parties permission to use a Ulterius logo. For instance, Ulterius maintains logo programs to indicate technological compatibility, conformance to specific requirements, membership in programs, alliances with Ulterius, etc. Third parties may not use these logos without a specific agreement to do so.

3. No Re-Logoing, Co-Logoing, or Logo Removal.

Resellers of Ulterius products may never alter or modify the Ulterius corporate logo or Ulterius trademarks that are affixed to or appear on the Ulterius products they resell. Similarly, re-logoing (replacing a Ulterius trademark with the reseller's logo or mark) and co-logoing (adding the reseller's logo or mark to the Ulterius product) are not permitted in the absence of a written agreement with Ulterius.

F. Use of Ulterius Trade Dress by Third Parties Prohibited.

Third parties generally are prohibited from using Ulterius trade dress for their own products, including any of the distinctive ornamental features of Ulterius products and packaging. Any such use must be approved by Ulterius Legal.

G. Promptly Report Suspected Infringements.

Please report any infringement of Ulterius trademarks or trade dress to legal@ulterius.net. Please provide as much detail as possible regarding the identity of the possible infringer and well as the suspected infringing use. Privacy Notice»

II. Use of Ulterius Trademarks with Non-Ulterius Goods or Services

Only certain, approved uses of Ulterius trademarks may be made by Ulterius business allies, licensees, and other third parties. In addition to the other provisions set forth in these Usage Requirements, the following rules apply to any use of a Ulterius trademark or logo in association with a third party product or service.

A. No Use of Ulterius Marks in Non-Ulterius Company, Product, or Service Names.

Unless a third party enters into a written agreement with Ulterius, third parties generally may not use any Ulterius trademark (including the Ulterius marks, and the Mach2 marks), as all or part of their company or product names.

B. Do Not Adopt Any Marks or Names that are Confusingly Similar to a Ulterius Trademark.

Unauthorized use of Ulterius trademarks or of marks that are confusingly similar to Ulterius trademarks may constitute an infringement of Ulterius' trademark rights.

C. Proper Descriptions of Non-Ulterius Products and Services

While a third party is not permitted to incorporate a Ulterius trademark into the name of its product or service, it can truthfully and fairly describe its products by referencing their relationship to Ulterius' products and services. For example, to indicate that a third-party product is intended for use with Ulterius technology, a third party may use a descriptive phrase (sometimes called a "tagline") that truthfully states this fact.

A descriptive phrase using a Ulterius trademark must meet the following additional requirements:

1. Accuracy. The descriptive phrase must be accurate and not misleading.

2. Relationship to Ulterius. Ulterius trademarks may not be used in a manner that will cause potential confusion about the relationship between Ulterius and the third party product or service, for example, implying sponsorship or endorsement by Ulterius that does not in fact exist.

3. Compatibility or Conformance to Published Specification. Ulterius trademarks may not be used in a manner that improperly or inaccurately implies compatibility or conformance to any Ulterius specification or platform. However, if a third party product fully conforms to Ulterius' published specifications for one of our technologies (for example, Mach2 technology), the third party may use an appropriate descriptive phrase to reference or identify that fact.

4. Prominence. When using a descriptive phrase such as "for the Mach2 platform" to indicate that the product is for use with Ulterius systems, the third party's own product and company names must be displayed much more prominently than any Ulterius trademark referenced so that the source of the third party product is clear.

5. Proper Use of Symbols and Legends. Descriptive phrases should properly attribute the trademark with an appropriate symbol and legend as described in Usage Requirement I.D.

6. Do Not Attempt to Claim Rights in Ulterius Trademarks. Third parties may not state or suggest that they have, or are claiming rights, in any Ulterius trademark.

D. Special Guidelines for Descriptive Use of Ulterius Trademarks in the Titles of Books, Magazines, Articles, e-zines, Educational Seminars, User Groups, Trade Shows, Conferences, and Expos.

Ordinarily, our Usage Requirements do not permit third parties to use Ulterius trademarks in the name of a third party product or service. However, third parties may do so in the limited descriptive fashion described below.

1. Purpose. As a technological innovator, Ulterius hopes and expects that the community of developers, businesses, and other innovators will seek out and share information about Ulterius technologies. Ulterius' trademarks will often be a natural part of these discussions. To facilitate this discussion, Ulterius has set forth these guidelines for the use of Ulterius' trademarks in the titles of:

- Books, Magazines, e-zines, and other publications; - Educational seminars; - User groups; - Trade Shows, Conferences, and Expos;

2. Application. These guidelines apply only to word marks, they do not apply to logos.

3. Make the Source Clear. When third parties use Ulterius trademarks, they must do so in a manner that does not create potential confusion over the source of any products or services. Customers must not be given the impression that Ulterius is the source of a third party publication, educational seminar, user group, trade show, conference, or expo.

a. Ulterius Trademarks Must Refer to Ulterius Products or Services. When used in the title of a seminar, for example, the use of a Ulterius trademark must be to describe the Ulterius product or service, not the seminar.

b. Third Party Name Must be More Prominent Than Ulterius Trademark.

The company name and logo of the third party should appear in a prominent location on all materials relating to the publication, educational seminar, trade show, conference or expo.

c. Use of Legend.

If a Ulterius trademark is used in the title of a publication, educational seminar, user group, trade show, conference, or expo, a trademark attribution legend should be used in the following form in the legal notices and publication block (if a magazine) and on all related materials referencing the Ulterius trademark:

"[Insert the Ulterius trademark, e.g. 'Mach2 and all Mach2-based marks'] are trademarks or registered trademarks of Ulterius Corporation in the United States and other countries. [Insert publisher, producer or provider name] is independent of Ulterius Corporation."

4. Spacing and Formatting.

The following spacing and formatting rules apply to the use of a Ulterius trademark in the title of a publication, educational seminar, user group, trade show, conference, or expo.

a. Publications and User Groups. A space must separate the Ulterius mark from the rest of the title.

b. Trade Shows, Seminars, Conferences, and Expos. Unless Ulterius is sponsoring your show or conference and you have entered into a written sponsorship agreement with Ulterius that provides to the contrary, the name of any trade show, seminar, conference or exposition concerning a Ulterius product, service or technology should begin with the producer's or sponsor's brand or name.

5. Follow All of the Ordinary Trademark Rules.

Except as outlined in this Usage Requirement II.D., these Usage Requirements apply to all third-party publications, educational seminars, trade shows, conferences or expos.

6. Some Important Pitfalls to Avoid:

a. Do not use any of Ulterius' logos.

b. Do not do anything that might be understood to suggest association with or sponsorship by Ulterius. (See Usage Requirement II).

c. Do not attempt to claim or establish trademark rights in the title. Since the above descriptive uses of Ulterius trademarks are intended merely as a reference to Ulterius' products and technologies (and not as a trademark use or form of branding your own products and services with Ulterius' marks), you may not attempt to claim or establish trademark rights in the Ulterius trademark portions of the name or title of your publication, seminar, user group, conference, trade show, or exposition. Do not register or use the entire name or title as a trademark, service mark, trade name or DBA (doing business as) name.

E. Permitted Descriptive Use of the Ulterius Trademarks on Web Sites and Domain Names.

Third parties are permitted to use Ulterius trademarks on web sites or in domain names as long as:

1. The content of the website meets all of these Usage Requirements;

2. The use of the domain name is not misleading or likely to cause confusion; and

3. The use meets the following additional standards:

a. The principal or secondary level domain name of the third party should not be identical or virtually identical to any Ulterius trademark, since this is likely to cause customer confusion or imply that the web site is affiliated with or sponsored by Ulterius.

b. The web site owner should not use a Ulterius trademark in his or her company name, product names, or service names. Thus, if the domain contains a Ulterius trademark, that domain should not also be a company or product name.

c. The web site owner should not register the domain name as a trademark or service mark and should not claim any trademark or similar proprietary rights in the domain name.

d. The web site should display a legal notice (a link is okay) that contains the following legend:

"[Insert Ulterius trademark] is a trademark or registered trademark of Ulterius Pty Ltd in Australia and other countries. [Insert website owner name] is independent of Ulterius Pty Ltd"

e. The web site must otherwise comply with domain name registry policies and current laws regarding trademark infringement and dilution.

v.1.1
February 05, 2008