Duke Energy Logo Terms of Use Version 1.0, September 2007
You (“Licensee”), have requested to use Duke Energy Corporation’s (“Licensor”) trademarks and/or name in connection with certain activities of your organization. Based on information Licensee has provided, Licensor believes that it will obtain value, whether tangible or intangible, in granting Licensee’s requested use of Licensor’s trademarks and/or name. Accordingly, Licensor grants to Licensee the right to use certain of Licensor’s trademarks and/or name subject to the terms and conditions contained in this Limited Trademark Terms of Use Agreement.1. Right to Use: Upon acceptance of this Limited Trademark Terms of Use Agreement (“Terms of Use”), Duke Energy Corporation (“Licensor”) hereby grants to Licensee a personal, non-exclusive, non-transferable, royalty-free, limited right to use the trade names and logos (the "Trademarks”). Licensee shall not use the Trademarks for any purpose or in any manner not strictly in conformance with the Right to Use. Licensor retains full authority to review and approve, in its sole discretion, the nature, manner, time and location of the Right to Use. Licensee shall conspicuously identify the Licensor as the owner of the Trademarks. Except as expressly authorized in these Terms of Use, Licensee shall: (i) have no right, title, or interest in the Trademarks; (ii) not use, incorporate, or juxtapose the Trademarks with its products or name or those of any third party in any manner whatsoever; and (iii) not make any statement to the public about the relationship of Licensor and Licensee. Licensor shall at all times comply with the Duke Energy Logo Use Rules contained in the Right to Use.
Licensee’s right to use the Trademarks shall terminate automatically upon the expiration of the Right to Use, unless earlier terminated by Licensor upon written notice in its sole and absolute discretion. Upon termination of the Right to Use, Licensee shall destroy any materials relating to the Right to Use and provide evidence of such destruction to the satisfaction of Licensor.
2. Proof: Licensee shall provide a final proof of materials (i.e., how the logo
is to be used) for Duke Energy’s records. Such proof may be sent via e-mail to
logos@duke-energy.com or mailed to:
Duke Energy Corporation
ATTENTION: Logo Request
Mailcode: ST31A
P.O. Box 1007
Charlotte, NC 28210-1007
3. General: Licensor makes no representations or warranties of any kind, either express or implied, and the rights granted by Licensor in these Terms of Use are on an "As-Is" basis. The Terms of Use and the Right to Use hereunder may not be assigned, in whole or in part, and any attempt to do so shall be null and void. Licensor shall have the right to inspect Licensee's books and records concerning the use of the Trademarks upon prior written notice. The Licensee shall hold the Licensor harmless from and against any loss, expense or damage occasioned by any claim, demand, suit or recovery against the Licensor arising out of any activities of Licensee in connection with its exercise of the Right of Use, including without limitation a breach by Licensee of its obligations set forth herein. The Terms of Use shall be governed by the laws of the State of North Carolina. The Terms of Use express and constitute the entire agreement of the parties with respect to its subject matter and may not be amended or modified unless in a written document signed by Licensor.
Use of the Trademarks shall constitute Licensee’s agreement to be bound by the Terms of Use.
