Trademark Guidelines
Updated JANUARY 19, 2020
1. Introduction. These Half Cirqle Trademark Guidelines (the “Trademark Guidelines”) form an integral part of the Half Cirqle Customer Agreement (the “Agreement”) between Half Cirqle Technologies LLC or its affiliates (“Half Cirqle,” “we,” “us” or “our”) and you or the entity you represent (“you”). These Trademark Guidelines provide you a limited permission to use the Half Cirqle Marks (as defined in Section 2 below), in connection with (as applicable): (a) your use of the Services (as defined in the Agreement), or in connection with software products designed to be used with the Services, or (b) as otherwise agreed with Half Cirqle in writing, on the terms set forth herein and in the Agreement, until such time as we may terminate such permission, which we may do at any time, in our sole discretion, as set forth in Section 4 below. The Half Cirqle Marks are some of our most valuable assets and these Trademark Guidelines are intended to preserve the value attached to the Half Cirqle Marks.
2. Definition. For the purposes of these Trademark Guidelines, “Half Cirqle Marks" means the following trademarks, service marks, service or trade names, logos, product names, or designations of Half Cirqle and its affiliates: (i) the "Powered by Half Cirqle" logo in the two forms shown below (the "Logo"); and (ii) the “Powered by OwlWatch” logo in the two forms shown under “Powered by Half Cirqle” (the “OwlWatch Logo”); and (iii) "Half Cirqle Technologies LLC", "Half Cirqle", "OwlWatch".
3. Limited Permission. Provided that you are (a) an Half Cirqle user in good standing with a current and valid account for use of the Services or (b) otherwise authorized by Half Cirqle in writing, and provided, further, that you comply at all times with the terms of both the Agreement and these Trademark Guidelines, we grant you a limited, non-exclusive, revocable, non-transferable permission, under our intellectual property rights in and to the Half Cirqle Marks, and only to the limited extent of our intellectual property rights in and to the Half Cirqle Marks, to use the Half Cirqle Marks for the following limited purpose, and only for such limited purpose: you may utilize the Logo and the OwlWatch Logo or the appropriate form(s) of the “for” or equivalent naming convention or URL naming convention, as set forth in Section 9 below, to: (i) identify Your Content (as defined in the Agreement) as using the Services; or (ii) to identify software tools or applications that you create and distribute that are intended for use in connection with the Services. Without limitation of any provision in the Agreement, you acknowledge that any use that you elect to make of the Half Cirqle Marks, even if permitted hereunder, is at your sole risk and that we shall have no liability or responsibility in connection therewith. Your limited permission to use the Half Cirqle Marks is a limited permission and you may not use the Half Cirqle Marks for any other purpose. You may not transfer, assign or sublicense your limited permission to use the Half Cirqle Marks to any other person or entity. Your use of the Half Cirqle Marks shall comply with: (i) the most up-to-date versions of the Agreement and these Trademark Guidelines; and (ii) any other terms, conditions or policies that we may issue from time to time to govern use of the Half Cirqle Marks. Your limited permission to use the Half Cirqle Marks hereunder shall automatically terminate and you must immediately stop using the Half Cirqle Marks if at any time: (i) the Agreement is terminated; (ii) Your Content no longer uses any of the Services, or your software product cannot be used with any of the Services, as applicable; or (iii) you cease to be a registered Half Cirqle user.
4. Modification and Termination. You understand and agree that, without prior notice to you and at our sole discretion: (i) we may modify these Trademark Guidelines at any time; (ii) we may modify or terminate your limited permission to use the Half Cirqle Marks, at any time in our sole discretion, for any reason or for no reason at all; and (iii) we reserve the right to take any and all actions including, without limitation, legal proceedings, against any use of the Half Cirqle Marks that does not comply with the terms of the Agreement or these Trademark Guidelines.
5. No Affiliation or Endorsement. You will not display the Half Cirqle Marks in any manner that implies that you are related to, affiliated with, sponsored or endorsed by us, or in a manner that could reasonably be interpreted to suggest that Your Content, web site, product or service, has been authored or edited by us, or represents our views or opinions.
6. No Disparagement. You may only use the Half Cirqle Marks in a manner designed to maintain the highest standard, quality and reputation that is associated with the Half Cirqle Marks and you will not use the Half Cirqle Marks to disparage us or our products or services.
7. No Dominant Display; Half Cirqle Mark Differentiation. You may not display any Half Cirqle Mark as the largest or most prominent trademark in any materials (including, without limitation, any web site or product literature) associated with Your Content, software tool or other software application. When using any Half Cirqle Mark (other than the Logo and OwlWatch Logo, with respect to which the formatting requirements are set forth in Section 8 below, or in a URL), you must distinguish the Half Cirqle Mark from the name of Your Content and/or other surrounding text by capitalizing the first letter of the Half Cirqle Mark, capitalizing or italicizing the entire Half Cirqle Mark, placing the Half Cirqle Mark in quotes, or using a different style or color of font for the Half Cirqle Mark.
8a. Formatting Requirements with Respect to the “Powered by Half Cirqle” Logo.
a. No Modification. We will make the Logo image available to you from the logo tools page in the Half Cirqle Site located at https://www.halfcirqle.com/logo-tools. You may not remove, distort or modify any element of the Logo; provided however, you may transform the file format itself, for ease of use.
b. Color. The Logo may be represented in the following formats: FULL COLOR (i) light backgrounds—black type with color Half Cirqle Logo; (ii) dark backgrounds— white type with color Half Cirqle Logo; No alternate color representation or combination will be acceptable.
c. Spacing. The Logo must appear by itself, with reasonable spacing (at least the height of the “Powered by Half Cirqle” logo) between each side of the “Powered by Half Cirqle” logo and other graphic or textual elements.
d. Size. The Logo, as shown in Section 2 of these Trademark Guidelines, indicates the minimum size at which you may display it to ensure that the type and trademark notations are legible. The minimum size for the “Powered by Half Cirqle” logo shall be: Inches: 2.5” x 1.11” Pixels: 200 × 88, or Millimeters: 63.5mm × 28.2mm.
8b. Formatting Requirements with Respect to the “Powered by OwlWatch” Logo.
a. No Modification. We will make the Logo image available to you from the co-marketing page in the Half Cirqle Site located at https://www.halfcirqle.com/logo-tools. You may not remove, distort or modify any element of the Logo; provided however, you may transform the file format itself, for ease of use.
b. Color. The Logo may be represented in the following formats: FULL COLOR (i) light backgrounds—black type with color Light Purple OwlWatch Owl; (ii) dark backgrounds— white type with color Light Purple OwlWatch Owl; No alternate color representation or combination will be acceptable.
c. Spacing. The OwlWatch Logo must appear by itself, with reasonable spacing (at least the height of the “Powered by OwlWatch” logo) between each side of the “Powered by OwlWatch” logo and other graphic or textual elements.
d. Size. The OwlWatch Logo, as shown in Section 2 of these Trademark Guidelines, indicates the minimum size at which you may display it to ensure that the type and trademark notations are legible. The minimum size for the “Powered by OwlWatch” logo shall be: Inches: 2.5” x 1.11” Pixels: 200 × 88, or Millimeters: 63.5mm × 28.2mm
9. Permissible Uses of the Half Cirqle Marks. Except for the Logo (with respect to which the formatting requirements are set forth above), and the OwlWatch Logo (with respect to which the formatting requirements are set forth above), you may only use the Half Cirqle Marks: (i) in a the phrase using “powered by”.
• Relational Phrases.
Example of Permissible Use:
Powered by OwlWatch
Equivalents:
You may replace “OwlWatch” in the examples above with any of the Half Cirqle Marks, so long as your usage of the Half Cirqle Marks is accurate.
• URLs.
Example of Permissible Use:
www.applicationdomain.com/halfcirqle
Equivalents:
You may replace “halfcirqle” in the example above with any of the Half Cirqle Marks, so long as your usage of the Half Cirqle Marks is accurate.
10. Hyperlinking. You shall link each use of the Half Cirqle Marks directly to the following URL, wherever technically feasible: http://www.halfcirqle.com. You may, alternatively, link to an Half Cirqle detail page for a Service used by Your Content, and if you do so, you must link to the primary URL for the Service (e.g., http://www.halfcirqle.com/[name of Service]. For example, the primary URL for OwlWatch by Half Cirqle is http://www.halfcirqle.com/OwlWatch. You may open the URL in a new browser window. You may not link the Half Cirqle Marks to any web site other than the primary URL for the applicable Service. You may not frame or mirror any of our web site pages.
11. No Combination. You may not hyphenate, combine or abbreviate the Half Cirqle Marks. You shall not incorporate the Half Cirqle Marks into the name of your organization, or your services, products, trademark or logos. The foregoing prohibition includes the use of the Half Cirqle Marks in the name of any application, service or product or in a URL to the left of the top-level domain name (e.g., ”.com”, ”.net”, ”.uk”, etc.). For example, URLs such as “OwlWatchyy.mydomain.com” are expressly prohibited.
12. Adwords. Half Cirqle and its affiliates are unable to provide a blanket authorization for use of our trademarks via the Google Adwords program. As long as your situation fits within Google’s “Reseller and information site policy”, you should be able to use the Half Cirqle trademarks in a fair use way within your adcopy without our formal authorization.
13. Attribution. You must include the following statement in any materials that include the Half Cirqle Marks: “Half Cirqle, Half Cirqle Technologies LLC, the “Powered by Half Cirqle” logo, the “Powered by OwlWatch” logo, [and name any other Half Cirqle Marks used in such materials] are trademarks of Half Cirqle Technologies LLC or its affiliates in the United States and/or other countries."
14. No Misleading Use. You may not display the Half Cirqle Marks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable as determined by us in our sole discretion.
15. Trade Dress. You may not imitate the trade dress or “look and feel” of any of our web sites or pages contained in any of our web sites, including without limitation, the branding, color combinations, fonts, graphic designs, product icons or other elements associated with us.
16. Compliance with Law; Appropriate Activities. You may not use the Half Cirqle Marks in any manner that violates any United States or foreign, federal, state, provincial, municipal, local or other, law or regulation. Without limiting the foregoing, or any provision in the Agreement, you may not display any Half Cirqle Mark on your site if your site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.
17. Reservation of Rights. Except for the limited permission specified in Section 3 above, nothing in the Agreement or these Trademark Guidelines shall grant or be deemed to grant you any right, license, title or interest in or to any Half Cirqle Mark or any of our or our affiliates’ other trademarks, service marks, trade names, logos, product names, service names, legends, other designations, or abbreviations of any of the foregoing. You acknowledge and agree that we and our affiliates retain any and all intellectual property and other proprietary rights in and to the Half Cirqle Marks. All use by you of the Half Cirqle Marks including any goodwill associated therewith, shall inure to the benefit of Half Cirqle.
18. No Challenges. You agree that you will not, at any time, challenge or encourage, assist or otherwise induce third parties to challenge the Half Cirqle Marks (except to the extent such restriction is prohibited by law) or our registration thereof, nor shall you attempt to register any trademarks, service marks, trade names, logos, product names, service names, legends, domain names, other designations, or abbreviations of any of the foregoing, or other distinctive brand features that are confusingly similar in any way (including, but not limited to, sound, appearance and spelling) to the Half Cirqle Marks.