FTD Trademark Policy and Search Bidding Restrictions
Affiliates may not use any marks of FTD and FTD.COM as:
a. Hidden metatext, including keywords, content descriptors, and titles;
b. As search engine keywords or index identifiers;
c. As a wallpaper; or
d. In any type of coding which biases search engines.
FTD.COM prohibits all Affiliates from bidding on Florist Transworld Delivery Inc.’s trademarks including but not limited to the word marks/brand names “FTD”, “FTD.COM”, FTD, ftd, FTD Flowers, FTD.COM, WWW.FTD and WWW.FTD.COM including any misspellings, or any substantially similar variations thereof for any reason, including but not limited to search engine positioning or any of the aforementioned activity listed above. To be clear this prohibition also includes use of any of the foregoing marks, any of brand names or variations in the display URL.
As an FTD Affiliate you have agreed to abide by the trademark and search bidding restrictions. If we discover that you are bidding on the trademarked name or URL, or violating the Agreement in any way, you will be notified promptly and are required to correct such violation immediately. If your violation is not corrected within 24 hours of being notified we will notify Performics to reverse all of your unpaid commissions as liquidated damages for such violation and you will be terminated from FTD.COM Affiliate program. If you correct such initial violation within 24 hours but are notified subsequently of additional violations you will be subject to the aforementioned termination and reversal of unpaid commissions due you.
Affiliates may not put any banner or frame over the FTD.COM web site.
Affiliate may only use the approved FTD.COM logo or FTD.COM in printed form no larger than 1" by 2", once on each web page without the prior written consent of an authorized representative of FTD.COM.
Affiliates may not use or register FTD.COM as part of an email address, domain name, trade name, company name, user name, or phone listing.
Affiliates may not refer to the "FTD.COM Flower Shop" or that the link will connect you with "a local FTD.COM Florist."
Non-FTD Florists may not be FTD.COM Performics Affiliates. You agree you are not a retail florist.
Affiliates will not list any of FTD.COM's branded products or feature images of FTD.COM's branded products on their web sites without the prior written consent of an authorized representative of FTD.COM.
Affiliates will not use the FTD.COM logo in any manner to suggest the Affiliates is FTD.COM, FTD.COM, or an FTD.COM Florist
Affiliate will not promote any creative or offers not provided by Performics without the consent of FTD.COM. Affiliate also agrees to remove offers and creative at the request of FTD.COM.
FTD.COM reserves the right to change any affiliate’s commission structure at their sole discretion but will provide written notice before doing so.
QUALTITY STANDARDS IN LICENSING AND USE OF FTD MARKS.
1. Distribution Partner shall use the marks only as provided in this Agreement.
2. Distribution Partner agrees that FTD controls the nature and quality (“standards”) of all usage of the marks, including but not limited to advertising, and Distribution Partner shall not use the marks in any other manner, including advertising, to which FTD objects as not meeting standards.
3. Distribution Partner does not seek any proprietary right, title or interest in FTD’s trade name and service marks or trademarks and acknowledges that this Agreement will not confer any interest in FTD’s service marks or trademarks in it, other than the right to use them solely for the promotion of the links to the Mirrored Site, to comply with applicable law, or as specified in this Agreement.
4. Distribution Partner acknowledges that it does not have the right to license the use of FTD’s tradename, service marks, or trademarks or any rights contained in this Agreement, except upon FTD’s prior written consent.
5. Distribution Partner agrees that on termination of this Agreement, for any reason, Distribution Partner shall forever discontinue and refrain from using or referring to FTD’s tradename, service marks and trademarks.
6. Notwithstanding anything to the contrary herein, unless specifically authorized herein, the display of FTD’s logos, trademarks, names or other branding or any use of FTD’s content shall be subject to FTD’s absolute discretion and prior written approval in each instance. If the Distribution Partner’s use of the FTD marks does not conform to FTD’s quality standards in FTD’s sole discretion, then FTD shall notify the Distribution Partner of such nonconformance, and the Distribution Partner shall have five days to cure such nonconformance. If the nonconformance is not cured within such period, FTD may immediately terminate the sublicense to use the marks in connection with the non-conforming use.
FTD .COM Inc is a wholly owned subsidiary of Florists’ Transworld Delivery Inc. (“FTD”). FTD is the sole owner of the marks “FTD.COM”, and “FTD” and the Mercury man emblem, and all intellectual property containing the marks (collectively, “marks”). FTD hereby consents to the grant in its behalf by Performics Inc (“Performics”) to Distribution Partner of a non-exclusive, limited and revocable license to use, publish and display the marks solely for purposes of and within the confines of this insertion order and Ts &Cs between Performics and Distribution Partner subject to Distribution Partner’s agreement to abide by the foregoing FTD quality standards and trademark policies which are made a part of this insertion order. In the event that the Distribution Partner fails to comply with such trademark policy and/or quality standards or any of its obligations to Performics under its affiliate agreement and T's and C's in conjunction therewith, FTD reserves the right to withhold payment to Performics for any Distribution Partner who fails to abide by such policies, standards or obligations and not resume payment until such time as the defaulting Distribution Partner has remedied such default in it s obligations.. The foregoing rights reserved by FTD ( Marketer) are not exclusive of any other legal rights or remedies FTD.COM (Marketer) may have in law or equity.
