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Virtualization Performance Corporate Brand Guidelines
Managed Web Services, LLC counts our brand among our most valuable corporate assets. Brand attributes define Virtualization Performance, and proper and consistent use of Virtualization Performance's trademarks is vital to protect the Virtualization Performance brands. These guidelines have been developed to help licensees and other third parties answer common questions about proper use of Virtualization Performance's trademarks.
The status of Virtualization Performance's trademarks is subject to change, and it may be necessary to revise these guidelines from time to time. It is your responsibility to comply with the most current version of these guidelines. Please refer to the VirtualizationPerformance.com web site for updated versions of these guidelines.
If you are a licensee, you must consult your agreement with Virtualization Performance for any additional or different requirements applicable to your use of Virtualization Performance's trademarks. In the event of a conflict, the terms of your agreement control.
Introduction
These guidelines are to help you identify the correct form for Virtualization Performance's trademarks, properly give trademark notice using the symbols T and ®, and appropriately attribute Virtualization Performance's trademarks with an attribution statement. These guidelines are also designed to answer commonly asked questions about the correct use of Virtualization Performance's trademarks.
High Quality Standards
Virtualization Performance only licenses its trademarks for use with goods and services that meet Virtualization Performance's high quality standards. Virtualization Performance reserves the right to object at any time to any use of its marks in connection with goods or services that, in Virtualization Performance's sole opinion, fail to meet Virtualization Performance's standards of quality.
Virtualization Performance Trademark Use Guidelines
Always follow these ten rules when using Virtualization Performance trademarks:
1. Trademarks are adjectives, not nouns or verbs. A trademark should never be used as a verb.
2. Never use the Virtualization Performance trademarks in plural or possessive form.
3. Never alter Virtualization Performance trademarks. Also, never shorten, abbreviate or use alternate spellings of Virtualization Performance's trademarks.
4. Always distinguish a trademark from surrounding text.
5. Do not combine Virtualization Performance trademarks with other trademarks or other words to form new trademarks.
6. Never alter Virtualization Performance logos without authorization. All Virtualization Performance logos must be reproduced from materials supplied by Virtualization Performance. Each representation of the Virtualization Performance mark should be consistent, undistorted, and clear. You may only use Virtualization Performance's logos and stylized trademarks if you have obtained a written license from Virtualization Performance and your use complies with such license.
7. Always provide proper attribution for our trademarks. For more information, see Attribution, below.
8. Never use Virtualization Performance trademarks in jokes, puns or in a derogatory fashion.
9. Always follow all applicable marketing and legal guidelines. From time to time, Virtualization Performance may modify the written guidelines for the size, typeface, colors and other graphic characteristics of any Virtualization Performance logo and word marks, making it imperative to review all updates. You are subject to the guidelines as then in effect.
10. Advertising for products sold in association with any Virtualization Performance trademark must not be in violation of any United States federal or state laws, municipal ordinances or administrative agency regulations, or any applicable laws, rules or regulations of any other country.
Attribution
Proper use of trademark symbols
Which trademark symbol should be used?
Trademarks may be designated by two symbols: T for marks with pending applications to register and for unregistered common law marks, and ® for marks registered in the U.S. Patent and Trademark Office. For information on the proper symbol to use, please refer to the Virtualization Performance Trademarks list. Please note that this list is updated frequently.
Where should the trademark symbol be placed?
The symbol is placed immediately after the mark, either in superscript or subscript. If the document cannot be typeset in superscript or subscript, the "TM" symbol may be set in normal type and enclosed in parentheses.
When should the trademark symbol be used?
Most prominent uses: A trademark symbol is required on all prominent uses of Virtualization Performance marks, such as on packaging, brochures, labels, and headlines.
First use in text: A trademark symbol is required upon the first use of a Virtualization Performance mark in text or body copy, even if the mark has appeared with a trademark symbol in the same piece, such as in a headline or other prominent use. A trademark symbol is not required for any subsequent use of a mark in the same text, unless use of the symbol would avoid ambiguity.
Logos: A trademark symbol is required with every use of a Virtualization Performance logo.
Proper use of trademark attribution statements
In addition to proper use of trademark symbols, every use of a Virtualization Performance mark must be accompanied by a statement attributing ownership of the mark to Virtualization Performance. The attribution statement should appear in the following form:
"[List of Virtualization Performance marks appearing in the piece] are trademarks of Managed Web Services, LLC and may be registered in the United States Patent and Trademark Office and in other countries."
Policing
In the U.S. and other jurisdictions, trademark owners have a duty to police the use of their marks. Therefore, if you become aware of any improper use of Virtualization Performance's trademarks, including infringement or counterfeiting by third parties, report them to Virtualization Performance's legal department immediately. Report as much detail as possible about the misuse, including the name of the party, contact information, and copies or photographs of the potential misuse.
Use of Virtualization Performance Trademarks in Third-Party Product Names
Virtualization Performance's trademarks may not be used by a third party as part of that party's product, service or trade name without an express written agreement from Virtualization Performance permitting such use. Licensees must consult their agreements with Virtualization Performance to determine whether and under what circumstances they can use Virtualization Performance's trademarks in this way.
Virtualization Performance's trademarks may be used to refer to Virtualization Performance's products and services without an express license from Virtualization Performance, provided that the Virtualization Performance trademarks are not larger or more prominent than the rest of the surrounding text, no stylized Virtualization Performance trademarks are used, proper marking and attribution is used for all Virtualization Performance trademarks, a conspicuous disclaimer is used indicating that any third party goods or services are not sponsored or endorsed by Virtualization Performance, and there is nothing else in the use of the Virtualization Performance trademarks that would lead the consumer to believe that there is an association with Virtualization Performance that does not exist.
Program Trademarks
Virtualization Performance owns several trademarks (including both word marks and logos) that support various Virtualization Performance programs (e.g. Virtualization Performance Partner NetworkT). Unless you are a licensed participant in a program, you may not use the trademark for that program (in word or logo form) to claim or imply participation in the program. Refer to your agreement with Virtualization Performance for more information on proper use of Virtualization Performance program marks.
Domain Names, Meta tags, and Hidden Text
You may not incorporate Virtualization Performance's trademarks in any domain name or in any Meta tag or other hidden text in a Web page. Violators may be prosecuted.
Search Engine Marketing
In an effort to control widespread misuse of its marks, Virtualization Performance reserves the right to restrict the use of its trademarks in any form of search engine marketing or advertising.
Additional Information
For additional information regarding Virtualization Performance's trademarks, you may contact Virtualization Performance's legal department.
Conclusion
These guidelines are not a definitive statement of proper trademark use. Virtualization Performance reserves the right to oppose any use of its trademarks that Virtualization Performance, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. Virtualization Performance further reserves the right to revise these guidelines at any time, without notice.
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