Brand Use Agreement

The following rules shall govern all third party use of the HabitattitudeTM trademark, and all logos, symbols, taglines, related marks or signatures, or other uses associated therewith (HabitattitudeTM Brand). All users of the HabitattitudeTM Brand agree that they will comply with these rules, and that they will enter into a Brand User Agreement with the Pet Industry Joint Advisory Council (PIJAC) or such other entity as PIJAC may designate prior to any use of the HabitattitudeTM Brand.

Brand Users shall comply with the Brand Standards Manual (Standards Manual) and agree that any and all use of the HabitattitudeTM Brand shall be consistent with such Standards Manual. Any use of the HabitattitudeTM Brand must be accompanied by a notice of trademark ownership as specified in the Standards Manual, and the user further agrees and acknowledges that any and all use of the HabitattitudeTM Brand must incorporate partner logos and/or the partner names of PIJAC, the U.S. Fish & Wildlife Service, and Sea Grant (Partners) as specified in the Standards Manual. Any deviation from this requirement must be authorized in writing in advance of such use.

Pursuant to terms of a congressionally funded program, non-governmental organizations (NGOs) are demonstrating their support for the Habitattitude campaign through financial and/or in-kind contributions. All such users of the HabitattitudeTM Brand agree that they will provide PIJAC samples representative of where and how the HabitattitudeTM Brand is used. Further; they will provide data indicating the volume of distribution and use of HabitattitudeTM Brand and a reasonably estimated cost associated with the Brand UserŐs participation in the campaign through use of HabitattitudeTM Brand features. Such data will be used exclusively for cumulative evaluation and reporting relative to the scope, cost and success of the campaign, and data provided by any user will not be individually published. In no case may any use of the HabitattitudeTM Brand features state, suggest or imply endorsement of a product, service or company.

Users of the HabitattitudeTM Brand are being given no right, title or interest in or to the HabitattitudeTM Brand features and all users agrees that they will not challenge property right ownership or interest in the HabitattitudeTM Brand features, nor will they facilitate othersŐ such challenge, and will not register or attempt to register any domain names, trademarks, trade names, or other distinctive brand features that are similar to, or may be confused with, those of the HabitattitudeTM Brand. Such limitations to legal challenge are inapplicable to the extent prohibited by law.

All HabitattitudeTM Brand features are provided "as is." Users are not being granted any warranties, either expressed or implied by law, regarding the HabitattitudeTM Brand features, including warranties of non-infringement. These limitations of warranty are inapplicable to the extent prohibited by applicable law. Users of the HabitattitudeTM Brand may not assign any rights or delegate any obligations without explicit prior written consent. Failure to enforce any obligation to which a HabitattitudeTM Brand user may be subject does not constitute a waiver of any provision of these rules, nor shall it constitute a waiver of any future obligation. Any right to use the HabitattitudeTM Brand is subject to termination or modification and legal action may be taken against any use that fails to conform to these rules, or otherwise infringes any intellectual property right, or violates applicable law.