Common use of Usage Guidelines Clause in Contracts

Usage Guidelines. To the extent Customer develops or has developed advertising, marketing or promotional materials related to the System that utilizes Neuronetics’ trademarked, copyrighted, or otherwise proprietary elements, it shall comply with the then current Neuronetics’ trademark usage guidelines (see NeuroStar Advanced Therapy Branding and Style Guide) and Neuronetics’ quality control requirements before any public use or dissemination of such materials and subsequently provide copies of such materials to Neuronetics. Neuronetics reserves the right, at any time, to require Customer to change or discontinue Customer’s use of the Neuronetics Marks and/or Marketing Material if Neuronetics, in its sole discretion, believes that such use is detrimental to the Products, the Neuronetics Marks or Neuronetics’ business interests. Neuronetics reserves the right to inspect to ascertain that the Neuronetics Marks and Marketing Collateral are used only for services performed using the Products. Customer shall promptly comply with Neuronetics’ requests regarding the use of the Neuronetics Marks and the Marketing Collateral. Customer shall not adopt, use or seek to register any trademarks or service marks that are confusingly similar to the Neuronetics Marks, or any of them, and shall not combine the Neuronetics Marks with any xxxx, word, term, device, logo or other matter. Customer shall not adopt, use or register any domain names that incorporate one or more Neuronetics Marks. Customer shall take no action or otherwise in any way use the Neuronetics Marks in a manner which would cause any confusion, diminution in value or other adverse effects on the Neuronetics Marks. All goodwill derived from the use of the Neuronetics Marks shall inure solely to the benefit of Neuronetics.

Usage Guidelines. To the extent Customer develops or has developed advertising, marketing or promotional materials related to the System that utilizes Neuronetics’ trademarked, copyrighted, or otherwise proprietary elements, it shall comply with the then current Neuronetics’ trademark usage guidelines (see NeuroStar Advanced Therapy Branding and Style Guide) and Neuronetics’ quality control requirements before any public use or dissemination of such materials and subsequently provide copies of such materials to Neuronetics. Neuronetics reserves the right, at any time, to require Customer to change or discontinue Customer’s use of the Neuronetics Marks and/or Marketing Material if Neuronetics, in its sole discretion, believes that such use is detrimental to the Products, the Neuronetics Marks or Neuronetics’ business interests. Neuronetics reserves the right to inspect to ascertain that the Neuronetics Marks and Marketing Collateral are used only for services performed using the Products. Customer shall promptly comply with Neuronetics’ requests regarding the use of the Neuronetics Marks and the Marketing Collateral. Customer shall not adopt, use or seek to register any trademarks or service marks that are confusingly similar to the Neuronetics Marks, or any of them, and shall not combine the Neuronetics Marks with any xxxxmark, word, term, device, logo or other matter. Customer shall not adopt, use or register any domain names that incorporate one or more Neuronetics Marks. Customer shall take no action or otherwise in any way use the Neuronetics Marks in a manner which would cause any confusion, diminution in value or other adverse effects on the Neuronetics Marks. All goodwill derived from the use of the Neuronetics Marks shall inure solely to the benefit of Neuronetics.