- Retailer hereby consents to Generation 180’s non-exclusive, limited, royalty-free use of the Mark on the Materials solely in order to identify and describe the Retailer as a participant in the Keep It Coolsm program and in any future initiatives Retailer participates in with Generation 180.
- Retailer will provide to Generation 180 a list of all the participating Retailer store locations. To the extent the Retailer adds store locations or removes store locations and notifies Generation 180 in writing, Generation 180 shall update the same on the Materials.
- Generation 180 shall comply with any brand guidelines and policies related to the Mark as provided in writing by Retailer.
- Generation 180 may not use the Mark for any purpose other than as set forth in these Terms without Retailer’s prior consent.
- To the extent Retailer believes any use of a Mark by Generation 180 is inconsistent with these Terms, it shall so notify Generation 180 in writing and Generation 180 shall use its reasonable efforts to correct and resolve the same.
- Generation 180 acknowledges and agrees that Retailer is the sole owner of all rights in the Mark and Generation 180’s use of the Mark and the goodwill associated therewith inure to the benefit of Retailer.
- These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia (without regard to its conflicts of law doctrines). The parties agree that any legal action or proceeding with respect to this Agreement of any other documentation in connection herewith shall be brought in any court of competent jurisdiction of Charlottesville, Virginia, and the parties submit to the jurisdiction of such courts.