Common use of Trademarks and Trade Names Clause in Contracts

Trademarks and Trade Names. COMPANY hereby represents and warrants that it is the owner of, or has the right to use under license or sublicense, all trademarks, logos, trade names, and other markings used on the Proprietary Product’s packaging and labels (the “Trademarks”). COMPANY hereby grants to DISTRIBUTOR the right to use the Trademarks solely in connection with the approved sale and distribution of the Proprietary Products in accordance with the provisions of this Agreement and only for as long as this Agreement remains in effect. COMPANY also grants to DISTRIBUTOR the right and license to use the Trademarks in advertising and promotional materials when the Trademarks are used therein to identify the Proprietary Products, subject to COMPANY’s prior written approval of form and content. Provided DISTRIBUTOR is using the Trademarks in accordance with the terms and provisions of this Agreement, COMPANY shall indemnify, defend and hold DISTRIBUTOR and its subsidiaries, affiliates, officers, shareholders, directors, employees, members, managers, agents, successors and assigns harmless from and against any and all claims, demands, liabilities, causes of action, damages, costs (including reasonable attorneys’ fees and disbursements) and judgments made or incurred by or found against any of them resulting from or arising out of any claim or suit alleging infringement by COMPANY or its affiliates, through any of the Trademarks or otherwise.

Trademarks and Trade Names. COMPANY hereby represents and warrants that it is the owner of, or has the right to use under license or sublicense, all trademarks, logos, trade names, and other markings used on the Proprietary Product’s packaging and labels (the “Trademarks”). COMPANY hereby grants to DISTRIBUTOR the right to use the Trademarks solely in connection with the approved sale and distribution of the Proprietary Products in accordance with the provisions of this Agreement and only for as long as this Agreement remains in effect. COMPANY also grants to DISTRIBUTOR the right and license to use the Trademarks in advertising and promotional materials when the Trademarks are used therein to identify the Proprietary Products, subject to COMPANY’s prior written approval of form and content. Provided DISTRIBUTOR is using the Trademarks in accordance with the terms and provisions of this Agreement, COMPANY shall indemnify, defend and hold DISTRIBUTOR and its subsidiaries, affiliates, officers, shareholders, directors, employees, members, managers, agents, successors and assigns harmless from and against any and all claims, demands, liabilities, causes of action, damages, costs (including reasonable attorneys’ fees and disbursements) and judgments made or incurred by or found against any of them resulting from or arising out of any claim or suit alleging infringement by COMPANY or its affiliates, through any of the Trademarks or otherwise.found