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Supplemental Terms of Service for eTrademarks aka NFT Trademarks

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, THE TRADEMARK COMPANY TERMS OF SERVICE, PRIVACY POLICY, AND ANY OTHER APPLICABLE TERMS CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND THE TRADEMARK COMPANY. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE AND THE TRADEMARK COMPANY MAY REFUSE ACCESS TO PART OR ALL OF AN NFT PACKAGE. THESE SUPPLEMENTAL TERMS OF SERVICE FOR NFT TRADEMARKS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE NFT PACKAGE SERVICES. To request a refund, contact The Trademark Company’s Customer Care Center at (800) 906-8626. 

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 [email protected]. 

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.   

bContact / 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).

cStorage 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.    

dAnnual 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.

eRoyalty. 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

  1. Fees. If you purchase an NFT Package, you will be charged in accordance with the disclosed package pricing depending on the package you selected at the time of purchase (“Purchase Date”).  The length of time between when any annual benefit or package is due will depend on the option that you selected at the time of purchase but will run from the Purchase Date of the package so purchased. 
  2. Storage of Payment Methods. By choosing an NFT Trademark product or service, you agree that The Trademark Company may store one or more payment methods for your account, and you are authorizing The Trademark Company to charge these payment methods as explained in these terms. We may obtain automatic updates for any expiring credit cards you have provided. Even if you do not use our products or services, you are responsible for paying the full cost of your automatic renewals until you cancel your automatic renewals or until it is otherwise terminated. For more information about canceling your Package, see the Termination and Cancellation section below.
  3. Initial Term. Your Term begins as soon as your initial payment is processed or on your Purchase Date.  Your Purchase Date is used to determine when your future payments are due.
  4. Auto-Renewal. If you selected an NFT Trademark, your Annual Use Verification automatically renews each year on the yearly anniversary of your Purchase Date (“Billing Date”).  You may be sent a reminder email before your Annual Use Verification renews and/or Billing Date.  Unless required by law in the state where you reside, we are not obligated to provide this notice.  If you do not receive a renewal reminder, or we fail to send a renewal reminder, you will still be required to pay for your Annual Use Verification on your Billing Date if you do not cancel the package prior to its renewal. 
  5. Changes in the Cost of your Annual Use Verification. The cost of your Annual Use Verification will be the same as the cost at the time of purchase, unless adjusted by The Trademark Company. In the event of an adjustment, we will notify you in writing in advance of charging the new package
  6. Changes in your Billing Date. Unless you cancel your Annual Use Verification, you will be automatically charged for the cost of your Annual Use Verification on your Billing Date. If your purchase date is on the 29th through the 31st day of any month, your Billing Date for any payments due that in months with fewer days will fall on the last day of the month. 

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.

  1. General Changes. The Trademark Company may discontinue the offering of a package, including the functionality, content, or availability of any features of package or Third-Party Services, at any time in its sole discretion. We may also impose limits on features and services or restrict your access to all or part of the package. However, you have the right to cancel your membership should we materially decrease benefits. If we add new features to a package the new features will be subject to the new terms. If you add a product or service to your package, The Trademark Company has the discretion to charge you a prorated portion of the costs to align your renewal date with your current package. The Trademark Company will provide you notice before doing so. 
  2. Fee Adjustments. The Trademark Company may increase package fees by notifying you of new fees at least 30 days before the beginning of a renewal term. The new fees will be effective on the first day of the renewal term. If you do not cancel your package, you will be deemed to have accepted the new fees for the renewal term and subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the first day of the next renewal term without a pro rata adjustment for the period covered under the prior fee schedule.  
  3. Renewal Term Adjustments. The Trademark Company offers packages of various lengths. To the extent permitted by law, The Trademark Company may increase or decrease the renewal term at our discretion by notifying you of the new renewal term at least 30 days before the beginning of a renewal term. If you do not cancel your package, you will be deemed to have accepted the new renewal term moving forward. 
  4. Discontinuation and Replacement of Packages. Should The Trademark Company cease to offer your packages, we can discontinue your package, continue to provide it to you, or provision a replacement (similar or comparable product) at the then-current price. Additional fees may be charged for such replacement package. The Trademark Company will notify you of new fees at least 30 days before they become effective. 

Termination or Cancellation  

a. By The Trademark Company

  1. Sole Discretion. The Trademark Company may terminate your use of all or part of the package or Third-Party Services in its sole discretion. As your sole remedy, we will refund to you any prepaid fees specifically related to the current term of that package or Third-Party Service. 
  2. Suspension of Services for Non-Payment. If you have not made any payment on your Annual Use Verification within 5 days after your Billing Date, The Trademark Company may suspend your services and terminate your NFT.  If we do not suspend your services or terminate your NFT immediately, we reserve our right to do so in the future. 
  3. Suspension of Services for Returned Payment Your right to use a package is subject to any limits established by The Trademark Company or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, The Trademark Company may, in its sole and absolute discretion, suspend or terminate your access and account, which will terminate these package terms and our obligations under them. If a charge made to your credit card is declined, The Trademark Company may make up to five attempts to bill that card over a thirty-day period or until your package is terminated, whichever occurs first.  
  4. Reactivation. If you wish to reactivate your account after termination, there will be no setup or reactivation fees. However, if your account was terminated for nonpayment, it will be reactivated only after The Trademark Company receives the full amount past due. If an expired account is reactivated, the new term begins on the reactivation date. 

 b. By You

  1. Satisfaction Period. You may examine these terms for five days after you have received them. If during this period you decide that you are not satisfied with the terms, you may have any prepaid amounts refunded less any costs incurred for services received, and these package terms will be considered voided as if they had not been issued. 
  2. Cancellation. For all packages, you may cancel your Annual Use Verification at any time by calling our Customer Care Center at (800) 906-8626. After you have cancelled, your Annual Use Verification will remain active until the end of then-current period, unless otherwise specified in these terms. 
  3. Services After Termination. After your Annual Use Verification is terminated or your Membership Term has ended, you will not be able to access the corresponding package offerings.  

Other 

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