DELTA LIGHT INTELLECTUAL PROPERTY LICENSE

1. The authorised partner explicitly acknowledges that Delta Light (or any of its Affiliates) is and shall remain the sole owner of the Intellectual Property Rights relating to Delta Light and/or the Products sold under the trademark Delta Light® (the “Intellectual Property rights of Delta Light”).

If prior to the execution of the Agreement the authorised partner has registered a right that belongs to the Intellectual Property Rights of Delta Light, the authorised partner shall transfer this right to Delta Light within two (2) months after the date on which the Agreement is signed. The authorised partner shall complete all the necessary formalities in order to ensure that such transfer of the Intellectual Property Rights will be valid and enforceable.

2. Delta Light grants to the authorised partner a limited, revocable and non-exclusive right to use the trademarks, names and symbols of Delta Light for use solely in connection with its activities as an authorised partner in the Territory. The authorised partner hereby undertakes to strictly adhere to the instructions laid down in the Corporate Identity Guidelines and any other instructions communicated by Delta Light in respect hereof.

3. The authorised partner shall immediately cease the use of any trademark, name and /or symbol at Delta Light’s first request.

4. If the authorised partner (or any of its Affiliates and/or representatives in person) has registered an account on any social media forum such as but not limited to Facebook, Twitter or LinkedIn, and that account is referring to Delta Light and/or its Products, the authorised partner, who warrants performance for any of its Affiliates and their respective representatives in person, shall, when the professional relationship between Delta Light and the authorised partner has come to an end, at the sole discretion of Delta Light, transfer this account, including login details and the contacts that were made via this social media forum, to Delta Light or remove any references to Delta Light and/or its Products from such account.

5. Unless prior written explicit approval by Delta Light (in the Agreement or otherwise in writing), the authorised partner shall not have the right to use the word Delta Light it in its corporate and commercial name, in the URL of its website and in its email addresses.

The authorised partner is not allowed to register the name Delta Light®. The authorised partner shall not mention any other trademark, name or title in the URL of its website, which relates to Delta Light.

6. Unless prior written explicit approval by Delta Light (in the Agreement or otherwise in writing), the authorised partner is not allowed to grant sublicenses with respect to any of such Intellectual Property Right of Delta Light. Such sublicense, if explicitly allowed by Delta Light in writing, shall impose the use of such Intellectual Property Rights of Delta Light by the sublicensee in accordance with the Corporate Identity Guidelines. In that context the authorised partner shall provide the authorized sublicensee with all of the instructions that Delta Light may communicate to the authorised partner from time to time and shall ensure compliance thereof by the sublicensee. The authorised partner shall check compliance by the authorized sublicensee with the Corporate Identity Guidelines and instructions and inform Delta Light immediately in case of infringing use. The authorised partner shall implement such measures as are appropriate or suggested by Delta Light in order to address any such infringement. The authorised partner shall immediately terminate any sublicense at Delta Light’s first request. Delta Light reserves the right to enforce its Intellectual Property Rights directly against any sublicensee in case of infringing use by an authorized sublicensee.

The authorised partner shall indemnify and hold Delta Light harmless for and against any and all damages suffered in case of an infringement of Intellectual Property Rights of Delta Light by a sublicensee or, in case of an infringement of Intellectual Property Rights of Delta Light by one of the authorised partner’s employees, shareholders, directors, or third party contractors.

7. Without prejudice to any other obligations of the authorised partner, Delta Light grants the authorised partner the right to use Delta Light technology for the repair and maintenance of the Products for purposes of its activities as an authorised partner in the Territory and in accordance with the Corporate Identity Guidelines or any other instructions communicated by Delta Light in respect hereof.

8. The authorised partner is not allowed to make any modification to or to remove any trademark, logo, serial number or other references from the Delta Light Products or to make any modification to the packaging of such Products. The authorised partner is not allowed to purchase stock or sell any Products that have been so modified. If the authorised partner should possess at any time such Products or if they should be offered to the authorised partner, it shall immediately notify Delta Light. The authorised partner shall inform Delta Light without delay of the name and address of the supplier of such Products and, if the authorised partner possesses any such Products, it shall provide them to Delta Light at its first request.

9. The authorised partner shall not itself, nor support third parties, to hold or market counterfeited products, nor commit any other infringement of the Intellectual Property Rights of Delta Light. The authorised partner shall notify Delta Light in writing and in detail no later than ten (10) days after having become aware of such (actual/potential) infringements. The authorised partner shall provide all possible technical and commercial details that may be of interest to Delta Light to investigate and sanction such infringements of its Intellectual Property Rights (such as but not limited to nature of the infringement, prices, name of the infringer/manufacturer, country of origin, drawings, distribution system, etc.). The authorised partner shall actively monitor the use of the Intellectual Property Rights of Delta Light within the contractual Territory both by the customers and by third parties. The authorised partner shall implement such measures as are appropriate or suggested by Delta Light in order to address any such infringement.

Back to top