Welcome to the supplemental terms of service for TTC Business Solutions, LLC dba The Trademark Company’s (“The Trademark Company”) eTrademark Packages aka our Non-Fungible Token (NFT) Trademark Packages (collectively, the “NFTs”, “NFT Packages”, or “NFT Trademark Packages”) and certain benefits or services provided by third parties and offered through The Trademark Company (collectively, the “Third-Party Services”). These terms shall be referred to as the “Supplemental Terms of Service for NFT Trademarks”.
In addition to the other The Trademark Company’s Terms of Services, these Supplemental Terms of Service for NFT Trademarks constitute a legal agreement between you and The Trademark Company detailing the terms of your eTrademark and/or NFT Packages. The Supplemental Terms of Service for NFT Trademarks are effective on the date you accept them by purchasing an NFT Trademark Package (the “Effective Date”). Please read these Supplemental Terms of Service for NFT Trademarks carefully.
These Supplemental Terms of Service for NFT Trademarks address benefits that may or may not be included in your specific NFT Package. The sections discussing benefits included in your NFT Package apply to you. If you are unsure which benefits are included in your package, contact Customer Care at info@TheTrademarkCompany.com.
The Trademark Company works with partners and affiliates whose websites are linked with The Trademark Company and controlled by parties other than The Trademark Company (each a “Third-Party Site“). The Trademark Company is not responsible for and does not endorse the availability, contents, products, services, or use of any Third-Party Site, any website accessed from a Third-Party Site, or any changes to those sites. The Trademark Company does not guarantee the content or quality of the products or services provided by Third-Party Sites. If you have purchased a package that includes a Third-Party Service, the third party may contact you by email or phone with instructions on how to access your benefits, and you may be required to accept additional terms that are located on the Third-Party Site.
NFT Trademark Packages
NFT Trademark Packages. If you have purchased an NFT Package the following provisions apply to you:
a. NFT Trademark Package Your trademark package includes a federal research clearance report of the U.S. Patent and Trademark Office’s records for similar trademarks as well as the minting your NFT Trademark on a publicly accessible blockchain to provide a business record corroborating your use of the trademark as of the date of minting, and an electronic certificate of registration complete with your trademark information as well as the has for your trademark on a publicly accessible blockchain. Limit geographic scope of a maximum of one country per NFT Trademark Package. Provided your trademark satisfies the provisions of 15 U.S.C. § 1125(a), your trademark is protected upon your use of the same in commerce.
You acknowledge that you are solely responsible for the information contained in your NFT Trademark. Once minted, any errors, omissions, or otherwise cannot be corrected. If a new NFT Trademark is required, you acknowledge additional fees may apply.
The Trademark Company makes no warranties as to whether your trademark satisfies all of the requirements of 15 U.S.C. § 1125(a). You further acknowledge that the admissibility of blockchain evidence is an emerging field largely that’s regulation and admissibility continue to evolve on an international, national, and state-by-state basis. As such, The Trademark Company makes no warranties as to the admissibility of blockchain evidence in your specific state, country, or jurisdiction.
b. Contact / Ownership Shield. When minting your NFT Trademark, you have the option to shield some or all of your contact and/or ownership information from the NFT. You acknowledge that this may adversely impact the admissibility or effect of your use of your trademark and ability to enforce it under 15 U.S.C. § 1125(a).
c. Storage of NFT Trademark. If you utilize The Trademark Company’s NFT wallet to store your NFT Trademark, you acknowledge that you are obligated to comply with the terms in this Supplemental Terms of Service for NFT Trademarks and/or our packages for said storage. You acknowledge that it is your obligation to keep any storage plan current and that the failure to do so, for any reason, may result in the loss of your NFT Trademark token.
You further acknowledge that The Trademark Company utilizes a third-party NFT wallet provider to maintain your NFT Trademark in The Trademark Company’s wallet. The Trademark Company is not responsible for any loss on account of a cyberattack, hacking, or other malfeasance that leads to the loss of your NFT Token.
d. Annual Use Verification. As part of your NFT Trademark Package, we will re-mint a new NFT once per year to verify your continuous use of your trademark on the blockchain per our Supplemental Terms of Service for NFT Trademarks as well as our specific NFT package for Annual Use Verification. By using our NFT Trademark services, you hereby agree to the Auto-Renewal of the Annual Use Verification as more fully set forth below. In the event your credit card is declined, or you otherwise do not utilize our Annual Use Verification service, The Trademark Company reserves the right to remove your NFT Trademark from our wallet. In the event it is so removed, you acknowledge the NFT may be eradicated. Should you wish to have your NFT Trademark re-minted, additional fees may apply.
e. Royalty. When minting your NFT Trademark pursuant to our NFT Trademark Packages, The Trademark Company reserves the right to insert up to a 20% royalty in the event your NFT token is ever transferred for valuable consideration using our minting platform. By using our services as more fully set forth in Supplemental Terms of Service for NFT Trademarks you hereby agree to the royalty.
f. Billing & Payment Terms. The Trademark Company will process payment pursuant to these Package Terms for your package
We may adjust your Billing Date and are not required to tell you in advance if we make an adjustment. If we adjust your Billing Date, this will be reflected by a charge to your account on a prorated basis according to the number of days that have passed since the Billing Date of your latest renewal charge.
Use of Service
a. General Practices. You acknowledge that The Trademark Company may establish general practices and limits concerning use of its NFT Trademark Packages or Third-Party Services. The Trademark Company is not liable for the deletion of or failure to store any content maintained or transmitted by any package benefit. The Trademark Company may subcontract any obligations required under a package without your consent.
b. Responsibility for Misuse. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any party the benefits granted to you by or any content in your package; or (ii) change, reproduce, reverse engineer, make derivative works based on or referring to, or in any way exploit the licenses you have been granted with your package, or content or source code in your package.
You are responsible for all expenses incurred or other actions that may occur through your use of a package. You must alert us immediately of any fraudulent, unauthorized, illegal, or suspicious use of a package or package benefits, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
c. Authority to Enter Agreement. If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind that entity to these terms and understand that the terms “you” or “your” refer to that entity. If you do not have that authority or if you do not agree with these terms, you may not sign up for or use any NFT Trademark Package. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in these terms and the order you placed, including all payment obligations. The Trademark Company is not liable for any loss or damage resulting from our reliance on any communication reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any communication, we may, but are not obliged to, require additional authentication from your company.
d. Changes to Packages.
Termination or Cancellation
a. By The Trademark Company.
b. By You.
a. Dispute Resolution. The parties shall arbitrate all disputes and claims pursuant to the Dispute Resolution by Binding Arbitration section of the Terms of Service.
b. Non-English-Speaking Customers. I understand that certain materials on The Trademark Company site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
c. NO GUARANTEE. LAWS, REGULATIONS, AND ADMINISTRATIVE REQUIREMENTS CHANGE OFTEN, AND THEIR APPLICATION AND IMPACT VARY FROM COMPANY TO COMPANY AND INDUSTRY TO INDUSTRY. FORMS, EMAILS AND SMS TEXT MESSAGE COMMUNICATIONS ARE NOT INTENDED TO PROVIDE OR SUBSTITUTE FOR ACCOUNTING, LEGAL, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES. THEY ARE OFFERED FOR INFORMATION PURPOSES ONLY. COMPLIANCE WITH ALL LAWS AND REGULATIONS REMAINS YOUR SOLE AND ABSOLUTE RESPONSIBILITY. BEFORE TAKING ANY BUSINESS OR LEGAL ACTION BASED ON INFORMATION FROM THE SITE, THE LIBRARY OR ANY EMAIL OR SMS TEXT MESSAGE COMMUNICATION, YOU SHOULD CONSULT WITH A FINANCIAL OR LEGAL PROFESSIONAL TO VERIFY DEADLINES AND DETERMINE WHETHER SUCH ACTIONS ARE APPROPRIATE FOR YOU BASED ON YOUR PERSONAL OR BUSINESS NEEDS. WITH THE EXCEPTION OF THE COMPLIANCE PACKAGE FILING GUARANTEE, NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN REGARDING THE LEGAL OR OTHER CONSEQUENCES RESULTING FROM THE USE OF ANY PACKAGE.
d. PATENT PENDING. THE SYSTEMS AND METHODS BY WHICH THE TRADEMARK COMPANY’S NFT TRADEMARK PACKAGES ARE SECURED ARE PROTECTED BY APPLICABLE U.S. PATENT LAWS AND U.S. PATENT APPLICATION NO. 17684479.
Updated: March 18, 2022