EyeMed Logo Usage Agreement

Terms of Use

These general terms of use (“General Terms”) are for clients who wish to use the EyeMed Vision Care, LLC (“EyeMed”) trademarks, service marks and logos (together, the “Marks”, a list of which is annexed hereto as Exhibit A) to provide information about EyeMed® vision benefit plans, or for network providers who wish to use the Marks to confirm that they accept EyeMed® vision benefit plan members (collectively the “Purposes”). You may not use any element of the Marks without having first agreed to these General Terms. These General Terms, including any and all Exhibits annexed hereto, may be unilaterally modified from time to time by EyeMed, and are meant to protect the value of the Marks and to preserve EyeMed’s consistent dedication to the quality of vision benefit plans.

Your use of any element of the Marks, in whole or in part, shall indicate that you:

1. agree to use only those Marks that are listed in Exhibit A, and not any other trademarks, service marks or logos, in furtherance of the Purposes;
2. agree to enter into a non-exclusive, non-transferable, royalty-free license for the limited right to use the Marks solely for the Purposes, under these General Terms;
3. acknowledge that EyeMed, its affiliates or their licensors are the sole owners of the Marks;
4. acknowledge that the goodwill derived from using any element of the Marks inures exclusively to the benefit of and belongs to EyeMed, its affiliates or their licensors, as applicable;
5. agree not to: (i) interfere with such ownership rights in the Marks, including but not limited to challenging the use of, registration of, or application to register for any element of the Marks (alone or in combination with other elements), anywhere in the world; (ii) apply for registration of any element of the Marks (alone or in combination with other elements); (iii) do any act that could invalidate the registration of any element of the Marks; or (iv) harm, misuse, or bring into disrepute any element of the Marks;
6. acknowledge that, except for the limited right to use the Marks as expressly permitted under these General Terms, no other rights of any kind are granted hereunder, by implication or otherwise;
7. agree to include in all uses of the Marks the following statement: “EyeMed® and EyeMed Vision Care® are registered trademarks of EyeMed Vision Care, LLC.”;
8. agree to submit appropriate samples of the use of the Marks upon request by EyeMed, for EyeMed’s inspection and review;
9. acknowledge that the limited rights granted under these General Terms may be terminated at any time, without cause, by EyeMed;
10. agree that these General Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its principle of conflict of laws;
11. agree to adhere to and abide by the “Usage Guidelines” that are annexed hereto as Exhibit B; and
12. agree to adhere to and abide by the “Additional Requirements” with respect to displaying the Marks, including color, clear space, size, format and spelling requirements, that are annexed hereto as Exhibit C.