General Information:
Leviton Manufacturing Co., Inc. (“Leviton”) owns many trademarks, service marks, logos, taglines, trade names and distinctive features (“Leviton Brands”) The Leviton Brands are valuable assets that bear on Leviton’s reputation and must therefore be carefully protected. At the same time we recognize the need of our authorized distributors and resellers to advertise Leviton products with the Leviton Brands. To satisfy both objectives it is imperative that the Leviton Brands be used properly. If not, their value can be diminished and even lost. The same applies if "Leviton Brands" are associated with objectionable material, as determined by Leviton.
To this end, anyone using a Leviton Brand must first receive Leviton's explicit written permission; use them only pursuant to these Guidelines, and for the specific purposes for which Leviton has given permission. In the event of an inconsistency between a written agreement with Leviton that specifically addresses how a Leviton Brand may be used and these guidelines, the written agreement, while in force, will control.
Approval Process:
To request approval, complete the Permission Request Form, and send it to us with the information specified in the form. You may not use Leviton Brands until we have expressly granted you approval.
The approval to use Leviton Brands is limited to the information provided in your request. Any changes to how a Leviton Brand is to be used, requires a separate request for approval.
Proper Use of Leviton Brands:
- Any usage of the Leviton logo will conform to the Third Party Leviton Identity Usage Guidelines.
- If you are using a Leviton trademark, distinguish the trademark from the surrounding text.
- Use the trademark only as an adjective, never as a noun or verb, and never in the plural or possessive form.
- Use a generic term following the trademark, for example: LEVITON switches.
- Use only Leviton-approved artwork when using Leviton's logos.
- If you are using a Leviton logo, or a word mark, other than within a sentence, you must allow a minimum area of clear space of at least 2 times the height of the Leviton logo or word mark, between each side of the logo or word mark and other graphic or textual elements on your web page.
- Normally, an unregistered Leviton Brand should be followed by the superscripted letters TM to give notice that the company claims trademark rights in the term. All U.S. registered Leviton Brands, when used in the United States, should be followed by the symbol ® to identify the term as a registered trademark. Please be sure to specify all countries in which you are requesting permission. In advertising copy, notice of trademark rights may be provided in a footnote – e.g., by placing an asterisk adjacent to the Leviton Brand and placing an appropriate notice at the bottom of the page on which the asterisk appears. Example: *LEVITON is a trademark of Leviton Manufacturing Co., Inc.
Improper Use of Leviton Brands:
- Do not remove, distort or alter any element of a Leviton Brand. For example, do not change hyphenation, combine or abbreviate Leviton Brands, or modify color, spelling, capitalization, proportion, font or spacing.
- Absent specific permission, do not display a Leviton Brand as the most prominent element on your web page.
- Absent specific permission, do not display a Leviton Brand in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Leviton, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Leviton or Leviton personnel.
- Do not display a Leviton Brand on any web site that contains or displays adult content, promotes gambling, involves the sale of tobacco or alcohol, or violates any applicable law or regulation.
- Do not display a Leviton Brand in a manner that is, in Leviton's sole opinion, misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Leviton.
- Do not frame or mirror any web page from a Leviton owned domain.
- Do not incorporate Leviton Brands into your own service names, trademarks, logos, company name or domain names.
- Do not copy or imitate Leviton's trade dress, including the look and feel of Leviton’s logo, website, catalogs or packaging, including the distinctive color combinations, typography, graphic designs, product icons, or imagery associated therewith.
- Do not adopt marks, logos, slogans, or designs that are confusingly similar to any Leviton Brands.
- Do not use Leviton trademarks in a way that suggests a common, descriptive, or generic meaning.
- Trademark rights vary from country to country. Some countries have severe criminal and civil penalties for improper use of the registration symbol. Therefore, do not use the registration symbol ® in countries where the mark has not been registered.
Terms and Conditions:
If Leviton approves your request to use any Leviton Brands, you agree to be bound by the following terms and conditions (the "Agreement").
You agree to comply with the Guidelines for Third Party Use of Leviton Brands. So long as you do so, and provided that Leviton expressly approves your request, Leviton grants you a non-transferable, non-exclusive, royalty-free limited license to use the Leviton Brands set forth in your corresponding Permission Request Form for the sole purpose and only for the materials set forth therein. Any use of the Leviton Brands must be accompanied by a notice that clearly indicates that the Leviton Brands are trademarks of Leviton.
Leviton reserves the right in its sole discretion to terminate or modify your permission to display the Leviton Brands at any time, with or without cause and without prior notice, and to take action against any use that does not conform to these terms and conditions, infringes any Leviton intellectual property or other right, or violates applicable law. Your acceptance of these terms and conditions is a pre-condition of your permission and failure to abide by them shall render your permission void, as if never granted.
Except as set forth above, nothing herein grants or should be deemed to grant to you any right, title or interest in or to the Leviton Brands.
Your use of the Leviton Brands will inure to the benefit of Leviton. You recognize Leviton’s ownership of the Leviton Brands and you agree not to challenge or assist others to challenge the Leviton Brands (except to the extent such restriction is prohibited by applicable law), and you agree not to register or attempt to register any domain names, trademarks, trade names, or other distinctive brand features that are confusingly similar to those of Leviton.
If Leviton considers it advisable or is required to record your permission as a license to you of the Leviton Brands in any jurisdiction, you agree to cooperate in such a procedure and execute any documents necessary for this purpose.
The Leviton Brands are provided "as is" and Leviton disclaims any warranties either expressed or implied by law regarding the Leviton Brands, including warranties of noninfringement. Furthermore, because you are not being charged for use of the Leviton Brands, in no event shall Leviton be liable to you for the subject matter of this Agreement under any theory of liability including for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages arising out of this Agreement or the use of the Leviton Brands. You agree that Leviton will not be liable for any claim that you may have for any direct, or indirect damage, monetary or otherwise, as a result of Leviton terminating or modifying your permission. Your waiver of any such claim against Leviton is a pre-condition of your permission and failure to waive any such claim, or making such claim shall render your permission void, as if never granted. This limitation shall apply even if Leviton was or should have been aware or advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy stated herein. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
You may not assign your rights or delegate your obligations under this Agreement without Leviton's prior written consent. This Agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party. This Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. The venue for any dispute or claim arising out of or in connection with this Agreement shall be in the Eastern District of New York or Queens County, New York. The parties are independent contractors. Neither party shall be deemed to be an employee, agent, partner nor legal representative of the other for any purpose, nor shall either have any right, power or authority to create any obligation or responsibility on behalf of the other. The waiver by Leviton of a breach of any provision hereof shall not be taken or held to be a waiver of the provision itself. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect. This Agreement, the Guidelines for Third Party Use of Leviton Brands, and the Permission Request Form , constitute the entire agreement between the parties with respect to this subject matter.
