Common use of Trademark Usage Clause in Contracts

Trademark Usage. Notwithstanding anything herein to the contrary, Licensee shall receive no license to utilize any trademark, service ▇▇▇▇, logo or trade dress of Licensor, including, without limitation, those listed in Attachment B to this Agreement. Licensee shall be entitled to truthfully advise customers, potential customers and others (though not as part of Licensee’s general or public Marketing) that Licensee has a license from Licensor and Licensee is authorized to use the LMT Technology, including without limitation alloys or machines licensed by Licensor, and that Licensee is not in violation of patents or other Intellectual Property Rights included within the LMT Technology. Further, if a customer of Licensee desires that Licensee use Licensor certified or approved alloys in products manufactured by Licensee, and if Licensee does so in compliance with the terms of any certification requirements established by Licensor for those materials, which certification requirements shall be applied generally across all licensees of Licensor and shall not discriminate against Licensee or customers of Licensee, then the Licensee customer may identify for the public or its customers that the product is made using Licensor certified or approved alloys, but Licensee may not advertise this in Licensee’s general or public Marketing. If (i) Licensor contracts with Licensee for Licensee to provide services (including design, development or production of any product, which for purposes of this sentence shall include sample, prototype or any other products) to Licensor in connection with products that Licensor provides to customers, and (ii) Licensor does in fact identify such a customer publicly as a Licensor customer or such products publicly in Licensor’s Marketing as having been manufactured, delivered, or provided to the customer by Licensor, then (A) Licensor shall credit Licensee’s contribution to such customer or product in connection with such public disclosure in Licensor’s Marketing in a commercially reasonable manner (in which case Licensor’s use of any trade name, trade dress, trade ▇▇▇▇ or similar Intellectual Property Right of Licensee shall conform to Licensee’s usage guidelines for such trade name, trade dress, trademark or similar Intellectual Property Right), and (B) Licensee shall have the right to include in Licensee’s Marketing information regarding Licensee’s contribution to such customer or product, which information may be in addition to that provided by Licensor in Licensor’s Marketing provided that the manner in which Licensee references any branding for any such Licensor product when describing Licensee’s contribution to such product in Licensee’s Marketing shall be consistent with Licensor’s branding for such product as presented in Licensor’s Marketing, and any use of any trade name, trade dress, trade ▇▇▇▇ or similar Intellectual Property Right of Licensor shall conform to Licensor’s usage guidelines for such trade name, trade dress, trademark or similar Intellectual Property Right. Licensee may include on its website a link to Licensor’s website for any customers, projects, samples, prototypes and/or products to which Licensee contributed. For purposes of this Section, the term “Marketing” or “Market” shall mean advertising or promoting a party’s goods or services, including without limitation marketing or advertising on a party’s website or in materials displayed or distributed by a party at trade shows. Each of the Parties agrees that it will not embed the other Party’s trademarks, service marks or any confusingly similar variant thereof in the code for its website, including but not limited to meta-tags, keywords, or other machine-readable instructions; purchase any advertising words, including but not limited to Google Ad Words, that include any the other Party’s trademarks, service marks or any confusingly similar variant thereof, to promote its website, business or products; make any reference to the other Party’s trademarks, service marks or any confusingly similar variant thereof as part of any Marketing materials; or include any of the other Party’s trademarks, service marks or any confusingly similar variant thereof as part of any account or handle on any social media network, or make reference to any of the other Party’s trademarks, service marks or any confusingly similar variant thereof on such social media networks; provided, however, that the foregoing restrictions shall not prevent either Party from making the references to the name of the other Party’s business as reasonably required in order to exercise the rights or fulfill the obligations of such Party as set forth in this Section 2.5.

Trademark Usage. Notwithstanding anything herein (a) Licensee hereby acknowledges Licensor's right and title to the contraryMarks licensed herein. In consideration of permitting Licensee to use Licensor's Marks, Licensee hereby agrees [not to claim title to the Mark and] to use the Marks only as permitted by this Agreement. (b) Licensee shall receive no license to utilize any trademark, service ▇▇▇▇, logo or trade dress prominently display the licensed Marks on all versions of the Trademarked Product(s) in accordance with the [written] instructions of the Licensor, including, without limitation, those listed in Attachment B and shall use the registration symbol (r)) and other registration notices correctly.n108 Licensee shall also display all notices and legends with respect to the Marks as are [reasonably] requested by Licensor during the term of this Agreement. Such notices and legends shall appear on the title on the screen, on the label of the diskettes, and in any manuals or documentation relating to the Product. Such credits shall all be equal in all respects in size and prominence. Licensee shall be entitled also submit all advertising copy, labels, stickers and packaging to truthfully advise customers, potential customers and others the Licensor [___________________ (though not as part of Licensee’s general or public Marketing___________________) that Licensee has a license from Licensor and Licensee is authorized days] prior to use for [written] approval by the LMT Technology, including without limitation alloys or machines licensed by Licensor, and that Licensee is not in violation of patents or other Intellectual Property Rights included within the LMT Technology. Further, if a customer of Licensee desires that Licensee use Licensor certified or approved alloys in products manufactured by Licensee, and if Licensee does so in compliance with the terms of any certification requirements established by Licensor for those materials, which certification requirements shall be applied generally across all licensees of Licensor and shall not discriminate against Licensee or customers of Licensee, then the Licensee customer may identify for the public or its customers that the product is made using Licensor certified or approved alloys, but Licensee may not advertise this in Licensee’s general or public Marketing. If . (i) Licensor contracts with Licensee for Licensee to provide services (including design, development or production of any product, which for purposes of this sentence shall include sample, prototype or any other products) to Licensor in connection with products that Licensor provides to customers, and (ii) Licensor does in fact identify such a customer publicly as a Licensor customer or such products publicly in Licensor’s Marketing as having been manufactured, delivered, or provided to the customer by Licensor, then (A) Licensor shall credit Licensee’s contribution to such customer or product in connection with such public disclosure in Licensor’s Marketing in a commercially reasonable manner (in which case Licensor’s use of any trade name, trade dress, trade ▇▇▇▇ or similar Intellectual Property Right of Licensee shall conform to Licensee’s usage guidelines for such trade name, trade dress, trademark or similar Intellectual Property Right), and (Bc) Licensee shall have not adopt or use, without Licensor's prior written consent [which consent shall not be unreasonably withheld] any variation of the right Marks including [translations and] any Mark similar to include in Licensee’s Marketing information regarding Licensee’s contribution or confusing with the Trademark. If Licensor consents to any variation of the Marks, Licensee hereby agrees that Licensor shall own such customer or product, which information may be in addition to that provided by Licensor new Mark and shall at its cost and expense obtain in Licensor’s Marketing provided that the manner in which Licensee references any branding for any such Licensor product when describing Licensee’s contribution to such product in Licensee’s Marketing shall be consistent with Licensor’s branding for such product as presented in Licensor’s Marketing, 's name all United States and any use of any trade name, trade dress, trade ▇▇▇▇ or similar Intellectual Property Right of Licensor shall conform to Licensor’s usage guidelines for such trade name, trade dress, international trademark or similar Intellectual Property Rightregistrations. Licensee may include on its website a link to Licensor’s website shall provide Licensor with reasonable assistance in filing such application for any customers, projects, samples, prototypes and/or products to which Licensee contributed. For purposes of this Section, the term “Marketing” or “Market” shall mean advertising or promoting a party’s goods or services, including without limitation marketing or advertising on a party’s website or in materials displayed or distributed by a party at trade shows. Each of the Parties agrees that it will not embed the other Party’s trademarks, service marks or any confusingly similar variant thereof in the code for its website, including but not limited to meta-tags, keywords, or other machine-readable instructions; purchase any advertising words, including but not limited to Google Ad Words, that include any the other Party’s trademarks, service marks or any confusingly similar variant thereof, to promote its website, business or products; make any reference to the other Party’s trademarks, service marks or any confusingly similar variant thereof as part of any Marketing materials; or include any of the other Party’s trademarks, service marks or any confusingly similar variant thereof as part of any account or handle on any social media network, or make reference to any of the other Party’s trademarks, service marks or any confusingly similar variant thereof on such social media networks; provided, however, that the foregoing restrictions shall not prevent either Party from making the references to the name of the other Party’s business as reasonably required in order to exercise the rights or fulfill the obligations of such Party as set forth in this Section 2.5trademark registration.

Trademark Usage. Notwithstanding anything herein 10.1 UTSTARCOM grants to DISTRIBUTOR the contrary, Licensee shall receive no license [***] right to utilize any trademark, service ▇▇▇▇use UTSTARCOM’s tradename, logo or trade dress and the trademarks for the Products in the Territory as specified by UTSTARCOM from time to time (collectively, the “Licensed Marks”) solely in connection with the promotion and sale of Licensor, including, without limitation, those listed the Products by DISTRIBUTOR in Attachment B to this Agreement. Licensee shall be entitled to truthfully advise customers, potential customers and others (though not as part of Licensee’s general or public Marketing) that Licensee has a license from Licensor and Licensee is authorized to use the LMT Technology, including without limitation alloys or machines licensed by Licensor, and that Licensee is not in violation of patents or other Intellectual Property Rights included within the LMT Technology. Further, if a customer of Licensee desires that Licensee use Licensor certified or approved alloys in products manufactured by Licensee, and if Licensee does so in compliance accordance with the terms of any certification requirements established by Licensor for those materials, which certification requirements shall be applied generally across all licensees of Licensor and shall not discriminate against Licensee or customers of Licensee, then the Licensee customer may identify for the public or its customers that the product is made using Licensor certified or approved alloys, but Licensee may not advertise this in Licensee’s general or public Marketing. If (i) Licensor contracts with Licensee for Licensee to provide services (including design, development or production of any product, which for purposes conditions of this sentence shall include sample, prototype or any other products) to Licensor in connection with products that Licensor provides to customers, and (ii) Licensor does in fact identify such a customer publicly as a Licensor customer or such products publicly in Licensor’s Marketing as having been manufactured, delivered, or provided to the customer by Licensor, then (A) Licensor shall credit Licensee’s contribution to such customer or product in connection with such public disclosure in Licensor’s Marketing in a commercially reasonable manner (in which case Licensor’s use of any trade name, trade dress, trade ▇▇▇▇ or similar Intellectual Property Right of Licensee shall conform to Licensee’s usage guidelines for such trade name, trade dress, trademark or similar Intellectual Property Right), and (B) Licensee shall have the right to include in Licensee’s Marketing information regarding Licensee’s contribution to such customer or product, which information may be in addition to that provided by Licensor in Licensor’s Marketing provided that the manner in which Licensee references any branding for any such Licensor product when describing Licensee’s contribution to such product in Licensee’s Marketing shall be consistent with Licensor’s branding for such product as presented in Licensor’s Marketing, and any use of any trade name, trade dress, trade ▇▇▇▇ or similar Intellectual Property Right of Licensor shall conform to Licensor’s usage guidelines for such trade name, trade dress, trademark or similar Intellectual Property Right. Licensee may include on its website a link to Licensor’s website for any customers, projects, samples, prototypes and/or products to which Licensee contributed. For purposes of this Section, the term “Marketing” or “Market” shall mean advertising or promoting a party’s goods or services, including without limitation marketing or advertising on a party’s website or in materials displayed or distributed by a party at trade shows. Each of the Parties agrees that it will not embed the other Party’s trademarks, service marks or any confusingly similar variant thereof in the code for its website, including but not limited to meta-tags, keywords, or other machine-readable instructions; purchase any advertising words, including but not limited to Google Ad Words, that include any the other Party’s trademarks, service marks or any confusingly similar variant thereof, to promote its website, business or products; make any reference to the other Party’s trademarks, service marks or any confusingly similar variant thereof as part of any Marketing materials; or include any of the other Party’s trademarks, service marks or any confusingly similar variant thereof as part of any account or handle on any social media network, or make reference to any of the other Party’s trademarks, service marks or any confusingly similar variant thereof on such social media networksAgreement; provided, however, that (i) no names or descriptive words or phrases shall be co-joined or used by DISTRIBUTOR in any way in connection with the foregoing restrictions Licensed Marks; (ii) DISTRIBUTOR will submit to UTSTARCOM for its prior written approval any material incorporating any of the Licensed Marks which DISTRIBUTOR proposes to use in any fashion; (iii) DISTRIBUTOR will comply with any instruction or requirement issued by UTSTARCOM with respect to the appearance and use of the Licensed Marks; (iv) DISTRIBUTOR shall use the Licensed Marks only in a manner so as to preserve and protect all rights of UTSTARCOM therein and (v) DISTRIBUTOR shall not prevent either Party from making the references use or adopt any names or marks which might be confusingly similar to the name Licensed Marks. 10.2 Nothing herein grants to DISTRIBUTOR or its customers any interest in or to the Licensed Marks and all rights in the Licensed Marks shall at all times during the term of this Agreement and thereafter, be and remain the sole property of UTSTARCOM, and all goodwill and other Party’s business as reasonably required benefits associated therewith are hereby assigned to, and shall inure to, UTSTARCOM. DISTRIBUTOR hereby agrees that it shall not remove the Licensed Marks from any product furnished by UTSTARCOM. DISTRIBUTOR and its customers shall have no right to alter, otherwise use or in order any way transfer the Licensed Marks. DISTRIBUTOR shall promptly notify UTSTARCOM of any actual or potential infringement of, unauthorized use of, or adverse claim to exercise the rights Licensed Marks and DISTRIBUTOR shall provide UTSTARCOM with reasonable assistance in any efforts to prevent or fulfill the obligations of such Party as set forth in this Section 2.5terminate any infringement, unauthorized use or limitation thereof.

Trademark Usage. Notwithstanding anything herein to the contrary, Licensee shall receive no license to utilize any trademark, service ▇▇▇▇, logo or trade dress of Licensor, including, without limitation, those listed use the Licensed Marks only in Attachment B to the form and manner permitted by this Agreement. Licensee shall be entitled to truthfully advise customers, potential customers and others (though not as part of Licensee’s general or public Marketing) that Licensee has a license from Licensor and Licensee is authorized to use the LMT Technology, including without limitation alloys or machines licensed with express written permission by Licensor, and subject to: (i) Licensor’s reasonable quality control guidelines provided by Licensor in writing prior to filing of any disclosures about the Fund that are necessary or appropriate under any applicable laws, rules, or regulations; and (ii) all applicable laws, regulations and applicable industry standards. All use of the Licensed Marks by Licensee is not in violation and all goodwill associated with the Licensed Marks shall inure to the benefit of patents and be on behalf of Licensor. Upon Licensor’s reasonable written request at least 30 days before filing a required or other Intellectual Property Rights included within the LMT Technology. Furtheruseful disclosure, if a customer Licensee will supply to Licensor representative samples of Licensee desires that Licensee use Licensor certified or approved alloys in products manufactured by Licenseeany products/materials (including promotional, marketing, and if Licensee does so regulatory materials) bearing any of the Licensed Marks to be used by or on behalf of Licensee. If Licensor reasonably determines that Licensee’s use of the Licensed Marks in compliance the representative samples do not meet the required level of quality in accordance with the terms of this Agreement, then Licensor may request in writing that Licensee take steps to remedy any certification requirements established by Licensor for those materialssuch deficiencies. Such writing shall be provided to Licensee not less than ten (10) days prior to filing of any required or useful disclosure about the Fund, and shall state with reasonable particularity the nature of any deficiencies. Licensee shall promptly comply with such requests to remedy such deficiencies to Licensor’s satisfaction, which certification requirements shall be applied generally across all licensees of Licensor promptly provided and not unreasonably conditioned, withheld, or delayed. Licensor’s failure to timely request samples, or provide the notice required in this section regarding any deficiencies in the samples shall not discriminate against Licensee or customers constitute Licensor’s approval of Licensee, then the Licensee customer may identify for the public or its customers that the product is made using Licensor certified or approved alloys, but Licensee may not advertise this in Licensee’s general or public Marketing. If (i) Licensor contracts with Licensee for Licensee to provide services (including design, development or production of any product, which for purposes of this sentence shall include sample, prototype or any other products) to Licensor in connection with products that Licensor provides to customers, and (ii) Licensor does in fact identify such a customer publicly as a Licensor customer or such products publicly in Licensor’s Marketing as having been manufactured, delivered, or provided to the customer by Licensor, then (A) Licensor shall credit Licensee’s contribution to such customer or product in connection with such public disclosure in Licensor’s Marketing in a commercially reasonable manner (in which case Licensor’s use of the Licensed Marks as in the representative samples, and/or shall excuse any trade name, trade dress, trade ▇▇▇▇ or similar Intellectual Property Right of Licensee shall conform alleged failure to Licensee’s usage guidelines for such trade name, trade dress, trademark or similar Intellectual Property Right), and (B) Licensee shall have use the right to include Licensed Marks in Licensee’s Marketing information regarding Licensee’s contribution to such customer or product, which information may be in addition to accordance with this Agreement. The parties also agree that provided by Licensor in Licensor’s Marketing provided that the manner in which Licensee references any branding for any such Licensor product when describing Licensee’s contribution to such product in Licensee’s Marketing shall be consistent with Licensor’s branding for such product as presented in Licensor’s Marketing, and any use approval of any trade name, trade dress, trade ▇▇▇▇ or similar Intellectual Property Right of Licensor shall conform to Licensor’s usage guidelines for such trade name, trade dress, trademark or similar Intellectual Property Right. Licensee may include on its website a link to Licensor’s website for any customers, projects, samples, prototypes and/or products to which Licensee contributed. For purposes of this Section, the term “Marketing” or “Market” shall mean advertising or promoting a party’s goods or services, including without limitation marketing or advertising on a party’s website or in materials displayed or distributed by a party at trade shows. Each of the Parties agrees that it will not embed the other Party’s trademarks, service marks or any confusingly similar variant thereof in the code for its website, including but not limited to meta-tags, keywords, or other machine-readable instructions; purchase any advertising words, including but not limited to Google Ad Words, that include any the other Party’s trademarks, service marks or any confusingly similar variant thereof, to promote its website, business or products; make any reference to the other Party’s trademarks, service marks or any confusingly similar variant thereof as part of any Marketing materials; or include any of the other Party’s trademarks, service marks or any confusingly similar variant thereof as part of any account or handle on any social media network, or make reference to any of the other Party’s trademarks, service marks or any confusingly similar variant thereof on such social media networks; once provided, however, that the foregoing restrictions shall cannot prevent either Party from making the references to the name of the other Party’s business as reasonably required in order to exercise the rights or fulfill the obligations of such Party as set forth in this Section 2.5be revoked.

Trademark Usage. Notwithstanding anything herein (a) Subject to the contraryterms and conditions of this Agreement, each Party (in such capacity, “Licensor”) hereby grants to the other Party (in such capacity, “Licensee”), and Licensee shall receive no hereby accepts, a non-exclusive, non-transferable (except as set forth in Section 12.4), royalty-free, non-sublicensable license to utilize any trademarkuse the other Party’s trademarks set forth on Exhibit J (the “Licensor Trademarks”) (i.e., service ▇▇▇▇, logo or trade dress of the BH Trademarks where BH is Licensor, includingand the ADM Trademarks where ADM is Licensor) solely to promote and advertise the Products Processed by ADM under this Agreement in the Field anywhere in the world in accordance with the Communications Plan and the Go-to-Market Plan. Each Party may update the list of such Party’s trademarks on Exhibit J upon reasonable prior written notice to the other Party. (b) Licensee shall: (i) comply with all branding guidelines and reasonable instructions of Licensor as to the form and manner in which the Licensor Trademarks are used, without limitationincluding any instructions as to quality, those listed style and graphic integrity; (ii) not make any additions to, deletion from or other modification to the Licensor Trademarks, (iii) provide Licensor a reasonable opportunity to review and approve all material in Attachment B which the Licensor Trademarks are used, (iv) not adopt, use or register as its own any trademarks, designs, or other indicia that are confusingly similar to, or that dilute, the Licensor Trademarks; and (v) not use the Licensor Trademarks other than as expressly authorized by Licensor pursuant to this Agreement. Without limiting the foregoing, ADM will not affix any BH Trademark to any product other than Products Processed by ADM under this Agreement. (c) Licensee acknowledges and agrees that, as between Licensor and Licensee, Licensor retains all Intellectual Property rights in the Licensor Trademarks. Nothing contained in this Agreement shall give Licensee any interest in the Licensor Trademarks. Licensee’s use of the Licensor Trademarks shall inure solely to the benefit of Licensor. Licensor and its Affiliates shall have sole right, in its and their discretion, to maintain the existing registrations of the Licensor Trademarks and prosecute any pending applications. Licensee shall provide, at the reasonable request and expense of Licensor, all necessary assistance with such maintenance and prosecution. If Licensee acquires any rights in the Licensor Trademarks, by operation of law or otherwise, such rights shall be entitled deemed and are hereby irrevocably assigned to truthfully advise customersLicensor without further action by either of the Parties. It is understood and agreed that Licensor, potential customers as authorized licensor and others owner, shall be the sole Party with standing to enforce its rights in the Licensor Trademarks. (though not as part of Licensee’s general or public Marketingd) In the event that Licensee has a license from registers or attempts to register any Licensor Trademarks, or registers, attempts to register, obtains any ownership in, or otherwise utilizes any website, domain name, URL, Internet presence or other electronic communications portal in violation of this section, in addition to any other rights Licensor may have, Licensee hereby acknowledges and Licensee is authorized to use the LMT Technologyagrees that any such trademark registration or website, domain name, URL, Internet presence or other electronic communications portal, including without limitation alloys or machines licensed by any copyrights therein, shall be deemed to be property of Licensor, and that Licensee is not hereby assigns all of its right, title and interest therein and thereto to Licensor. (e) Without limiting any right of Licensor under Article 11, Licensor shall have the right to terminate the license granted by it in violation this Section 7.5 (without causing termination of patents or other Intellectual Property Rights included within the LMT Technology. Furtherthis Agreement) immediately, by providing written notice of such election to Licensee, if a customer Licensee materially breaches any of Licensee desires its obligations under this Section 7.5, provided, however, that Licensee use unless this Agreement has expired or been terminated, such termination of the license granted by Licensor certified or approved alloys in products manufactured by Licensee, and this Section 7.5 shall become effective only if Licensee does so not cure such breach within sixty (60) days after receiving written notice of such breach from Licensor. Upon termination of the license set forth this Section 7.5 in compliance accordance with the terms this Section 7.5(e) or, subject to Section 11.3(b), upon expiration or termination of any certification requirements established by Licensor for those materialsthis Agreement, which certification requirements shall be applied generally across all licensees of Licensor and shall not discriminate against Licensee or customers of Licensee, then the Licensee customer may identify for the public or its customers that the product is made using Licensor certified or approved alloys, but Licensee may not advertise this in Licensee’s general or public Marketing. If will: (i) cease all display, advertising and use of all of the Licensor contracts with Licensee for Licensee to provide services (including design, development or production of any product, which for purposes of this sentence shall include sample, prototype or any other products) to Licensor in connection with products that Licensor provides to customers, and Trademarks; (ii) Licensor does in fact identify such a customer publicly as a Licensor customer return or such products publicly in destroy, at Licensor’s Marketing as having been manufacturedsole discretion, deliveredall materials where Licensor Trademarks appear; and (iii) not thereafter use, advertise or provided to the customer by Licensor, then (A) Licensor shall credit Licensee’s contribution to such customer or product in connection with such public disclosure in Licensor’s Marketing in a commercially reasonable manner (in which case Licensor’s use of display any trade name, trade dress, trade ▇▇▇▇ or logo that is similar Intellectual Property Right of Licensee shall conform to Licensee’s usage guidelines for such trade name, trade dress, trademark or similar Intellectual Property Right), and (B) Licensee shall have the right to include in Licensee’s Marketing information regarding Licensee’s contribution to such customer or product, which information may be in addition to that provided by confusing with any Licensor in Licensor’s Marketing provided that the manner in which Licensee references any branding for any such Licensor product when describing Licensee’s contribution to such product in Licensee’s Marketing shall be consistent with Licensor’s branding for such product as presented in Licensor’s Marketing, and any use of any trade name, trade dress, trade ▇▇▇▇ or similar Intellectual Property Right of Licensor shall conform to Licensor’s usage guidelines for such trade name, trade dress, trademark or similar Intellectual Property Right. Licensee may include on its website a link to Licensor’s website for any customers, projects, samples, prototypes and/or products to which Licensee contributed. For purposes of this Section, the term “Marketing” or “Market” shall mean advertising or promoting a party’s goods or services, including without limitation marketing or advertising on a party’s website or in materials displayed or distributed by a party at trade shows. Each of the Parties agrees that it will not embed the other Party’s trademarks, service marks or any confusingly similar variant thereof in the code for its website, including but not limited to meta-tags, keywords, or other machine-readable instructions; purchase any advertising words, including but not limited to Google Ad Words, that include any the other Party’s trademarks, service marks or any confusingly similar variant thereof, to promote its website, business or products; make any reference to the other Party’s trademarks, service marks or any confusingly similar variant thereof as part of any Marketing materials; or include any of the other Party’s trademarks, service marks or any confusingly similar variant thereof as part of any account or handle on any social media network, or make reference to any of the other Party’s trademarks, service marks or any confusingly similar variant thereof on such social media networks; provided, however, that the foregoing restrictions shall not prevent either Party from making the references to the name of the other Party’s business as reasonably required in order to exercise the rights or fulfill the obligations of such Party as set forth in this Section 2.5Trademark.