In these trademarks and intellectual property (the “Trademark agreement”) the following are understood to be:
“Smappee”: Smappee NV, with offices in Evolis 104, B-8530 Harelbeke, registered with the Crossroads Bank for Enterprises under number BE0849.366.642 (RPR/RPM Ghent, division Kortrijk), e-mail: firstname.lastname@example.org & affiliate companies.
“Certified installer”: every officially licensed installer who received a Smappee Infinity certificate or a Smappee EV Line certificate from Smappee and/or who wishes to enter into the Smappee Academy and/or a contractual relationship of any nature with Smappee.
“Parties”: the Certified installer and Smappee together.
“Products”: the subject of one or more Agreements, in this case – but not exclusively limited to – the energy product ‘Smappee’, consisting of hardware components, software components, websites, and web services. The existing range of Smappee products consists of products designed for non-commercial use by consumers and also of products for commercial use. These products can also serve for combined use. Smappee has its own licensing terms and conditions.
The definitions written in plural include the singular and vice versa.
2. Trademarks – Intellectual property
Smappee grants the Certified installer the right to resell or promote the Products under Smappee’s trademarks for his own account and at his own risk, in furtherance of Certified installer’s appointment, consistent with usage guidelines, as may be communicated from time to time, including but not limited as detailed in the Smappee Styleguide. Smappee reserves the rights from time to time, in its sole discretion and without liability to the Certified installer, to adapt and/or complement the Smappee Styleguide, upon reasonable written notice to the Certified installer. The Certified installer is not allowed to resell or promote the Products under other trademarks (other than the Smappee trademarks) without Smappee’s prior written approval.
The Certified installer agrees that all trade names, trademarks, domain names, copyrights, trade secrets, and all other intellectual property rights related to the Products and Smappee’s activities are and shall remain at all times the exclusive property of Smappee and all goodwill associated with their use will inure to Smappee’s benefit. Any use by the Certified installer of Smappee’s intellectual property requires the prior written consent of Smappee by email to email@example.com.
The Certified installer cannot and shall not (attempt) to use and/or register any trade names, trademarks, domain names, social media accounts, copyrights, trade secrets, words, logos, signs or other designations so resembling to Smappee’s intellectual property as to likely cause confusion or deception.
In addition, all results, works or rights relating thereto, in particular copyrights and other intellectual or industrial property rights, as well as any social media accounts (including, but not limited to the content and followers) shall automatically, definitely and exclusively vest with Smappee, which may exploit or assign them at his discretion. Smappee shall have the exclusive right to register or have registered any relevant intellectual property right emerging therefrom at Smappee’s sole cost and expense. The Certified installer shall, at Smappee’s request, both during and after the term of this Agreement, execute such documents and provide such assistance as may be appropriate to enable Smappee to obtain, perfect and maintain any such intellectual property rights.
The Certified installer is obliged to respect aforementioned Smappee’s intellectual property. The Certified installer undertakes not to attack, directly or indirectly, Smappee’s intellectual property and know-how.
The Certified installer undertakes to promptly notify Smappee of any act of unfair competition, illegal trade practices or piracy, or infringement of Smappee’s intellectual property rights that the Certified installer may discover. The Certified installer takes all actions necessary to terminate the illicit action after prior consultation with Smappee.
The Certified installer is not allowed to remove any of Smappee’s intellectual property from the Products or to change them or to put his own trademarks on the Products unless Smappee has agreed to this in writing and in advance.