Trademark Policy

During the term of any Agreement, Distributors shall have the limited, nonexclusive right to use the Trademarks subject to amendment by Manufacturer, on Products packaging, stationery, catalogs, promotional literature, advertising material, and signs, but only in connection with the promotion and sale of the Products in the Territory, and only in a manner approved in advance by Manufacturer in writing. Nothing contained herein shall constitute an assignment of any of the Trademarks or grant to Distributor of any right, title or interest therein, except the right to use them as set forth herein, and Distributor agrees that it will not contest Manufacturer's ownership or use of the trademark. Distributor shall have no right to assign, transfer, pledge or encumber the trademarks or any interest therein. Distributor acknowledges that upon termination of this Agreement it shall have no interest in or right to use the same in any manner or for any purpose whatsoever.

Distributor further agrees (a) not to remove the Trademarks from the Products; (b) not to alter the Trademarks in any way; (c) to employ any symbol or notice with the Trademarks which may be necessary to identify and protect the interest of Manufacturer in the Trademarks; and (d) to apply no other trademark or trade name nor any labels, signs or markings of any kind to the Products unless the written consent of Manufacturer is first obtained. Distributor shall sell the Products in the packaging provided by Manufacturer.

Resellers, including but not limited to Distributor, are prohibited from registering or using Internet domain names containing any trademarks, trade names, copyrighted materials, names, Product Brands or any other assets owned or licensed by Manufacturer (including but not limited to domain names that include POR-15, POR15 or POR) or containing any variations or deliberate misspellings thereof.

If, after the termination of this Agreement, Distributor or anyone claiming through Distributor continues to use or exercise any rights in respect to the Trademarks, except as provided herein, Distributor acknowledges and agrees that Manufacturer shall be entitled to injunctive relief against both Distributor and such other parties claiming through Distributor.

Should Distributor at any time during the term of this Agreement discover any infringement of the Trademarks, Distributor shall immediately notify Manufacturer, and Manufacturer shall decide, in its sole discretion, whether to take action with respect to the suspected infringement. Upon the request of Manufacturer, Distributor shall assist Manufacturer in the protection, whether by judicial means or otherwise, of the Trademarks; provided, however, that Distributor shall have no right to bring or prosecute an action in its own name for such infringement.

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