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Guidelines For Using The PILOXING® Trademarks

The PILOXING® trademarks are valuable assets of PILOXING, LLC and may only be used in accordance with these guidelines. In following these guidelines, you help protect your students and customers and you help Piloxing Academy and Piloxing, LLC protect our valuable trademark rights, strengthen our brand and distinguish both you and us from competitors.

The PILOXING® Trademarks

Trademark Offices around the world provide our company with legal means for protecting consumers, licensees, distributors and our company from imitation or counterfeit products and programs. These rights include the exclusive right to use our trademarks in the countries they are registered and a presumption of validity of the registered trademarks. Proper use of the marks serves to distinguish PILOXING products and services from the products and services of other companies and helps prevent damage to our marks.

PILOXING® and the Piloxing Logos are trademarks of PILOXING LLC.

PILOXING also has trademark registrations and rights in most countries, including the United States and all members of the European Community.

Who May Use The PILOXING® Trademarks?

Anyone licensed by PILOXING ACADEMY, LLC or PILOXING, LLC (including current PIA members) has the right to promote and use the PILOXING® Trademark so long as such use follows the guidelines in their written license agreement. We ask that our licensees contact us immediately if they become aware of any unauthorized or improper use of the PILOXING® Trademarks, by emailing legal@piloxing.com with detailed information.

Use of the PILOXING® Logos

The PILOXING Logos were designed to designate products and services developed by PILOXING, LLC and PILOXING ACADEMY, LLC and may be used by licensees in its exact form to advertise and promote the PILOXING Fitness programs. Under no circumstances may the PILOXING Logos be used, without PILOXING, LLC’s or PILOXING ACADEMY, LLC’s express written consent, to manufacture and sell products such as clothing or any other merchandise. PIA members have access to the correct format of the PILOXING Logos. The Logos re not to be used in any form that varies from the sample provided and must not be used in combination with any other trade name or logo.

Rules For Proper Use of PILOXING® Trademarks

  1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service. For example, PILOXING® class.
  2. As adjectives, trademarks may not be used in the plural or possessive form.
  3. An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that. For example do not use phrases such as “We offer PILOXING.” The correct use of the trademark is “We offer PILOXING classes.”
  4. Do NOT use the PILOXING Trademarks as nouns or verbs. For example, never use “PILOXING” as a verb to describe an exercise program or class. It is proper to say “the PILOXING fitness program.” It is not proper to say “Let’s go Piloxing.”
  5. Always spell and capitalize the PILOXING trademarks correctly. Do not shorten or abbreviate PILOXING product names. Do not make up names that contain PILOXING trademarks. Do not change the spelling, insert hyphens or combine two words into one.
  6. Do NOT use the PILOXING Trademarks as a Trade Name. It is incorrect to use the PILOXING Trademarks as part of your company name or facility name.

THE PILOXING® TRADEMARKS SHOULD NOT BE USED IN THE FOLLOWING WAYS:

  • NO lower case—For example, piloxing or piloxing class.
  • NOT as a verb—For example, “I’m Piloxing on Saturday, are you?”
  • NOT as a noun—For example, “I take Piloxing every Saturday.”
  • NOT in a trade name—For instance, “South Beach PILOXING”
  • NOT as part of a domain name or social media user name—For instance, www.janespiloxing.com
  • NOT as a generic term—For example, as a name for a fitness program “My gym offers piloxing.”
  • NOT to advertise programs or products not affiliated with PILOXING, LLC or PILOXING ACADEMY, LLC.

Trademark Notice and Legend

On materials that will be distributed in connection with your services, use the appropriate trademark symbol (TM, ) the first time and all emphasized times the PILOXING trademarks appear in the text of the advertisement, brochure, or other material.

Use a trademark notice. The notice is the legal text that identifies PILOXING, LLC’s trademarks. The legend should be printed in legible type and appear on each page of your material or website that contains a Piloxing trademark. For example, the legend may be printed at the end of a document, on the front cover of documentation, on a facility’s “About” page, or on the bottom of a web page.

This is the correct format for your Trademark Notice:

PILOXING® and the Piloxing Logos are trademarks of PILOXING, LLC, used under license.

NOTE: If you are using Piloxing or Piloxing Academy copyrighted information, you also put a copyright notice with the Trademark Notice, like this:

COPYRIGHT © 2009-2015 – Piloxing, LLC/Piloxing Academy, LLC. All Rights Reserved. PILOXING® and the Piloxing Logos are trademarks of PILOXING, LLC, used under license.

PILOXING® TRADEMARK USAGE GUIDE

PLEASE VISIT THE PILOXING® TRADMARK USAGE GUIDE PAGE AT http://www.piloxing.com/support/trademark-usage OR EMAIL PIA@PILOXING.COM FOR MORE INFORMATION.

Without in any way limiting the generality of the foregoing restrictions and guidelines, Licensee and its Instructors’ use of the Marks shall be limited as follows:

Printed Promotional Materials and E-Mail. The Marks may be used on flyers, posters, in the body of electronic mail and printed promotional materials whose sole purpose is to promote Licensee’s PILOXING classes, and on no other promotional materials. All use of the Marks on such materials must be in the form as set forth on Exhibit A and shall include a proper trademark notice symbol and this legend:

PILOXING® and the PILOXING logos are trademarks of PILOXING, LLC, used under license.

Licensee and its Instructors shall not use the Marks in combination with any other trademarks, service marks or other terms. For example, Licensee and its Instructors shall not refer to an exercise class using the expression “PILOXING step.” Licensee and its Instructors may not use any of the Marks, in whole or in part, as the title of a newsletter or other printed publication. When using the Marks in electronic mail, Licensee and its Instructors shall adhere to all applicable laws governing privacy, e-mail advertising and marketing.

Domain Name & Social Media. Neither Licensee nor its Instructors can use "PILOXING" as part of a domain name for a website. In the event that such domain(s) have been registered, then at PILOXING's request, Licensee or its Instructor shall transfer the domain name to PILOXING. PILOXING shall not be responsible to reimburse any costs incurred I in connection with the domain or associated website(s). Furthermore, the Marks shall not be used as part of Social Media names or user names. For example, “Jane PILOXING” is not permitted as a user name on facebook, twitter, linkedin, foursquare, etc.

Website. Licensee or its Instructors may use the Marks on a website which Licensee and its Instructors to promote PILOXING classes at licensed facilities. All use of the Marks on the website(s) should be taken from the PIA community marketing materials, where the most current Marks are provided in high-resolution for PIA members’ marketing efforts, and are shown for illustrative purposes in Exhibit A. Licensee’s and its Instructors’ use shall include a trademark and copyright notices, as appropriate.

Licensee’s and its Instructors’ websites shall include a prominent hyperlink on the home page to PILOXING's official website, https://piloxing.com.

Licensee and its Instructors shall not include any unsavory content on its website or content that PILOXING determines in its discretion dilutes, disparages, tarnishes, or is otherwise detrimental to the Marks or the PILOXING brand. PILOXING reserves the right to require removal of any such content from.

Internet Streaming, Radio and Television. This Agreement does not permit Internet Streaming or virtual performance of Piloxing® classes. Virtual Programming must be the subject of a separate agreement with PILOXING or an authorized virtual content provider.

Use of PILOXING® Logos and Stylized Writing. Licensee and its Instructors shall not alter the form or appearance of any of the PILOXING logos or stylized marks regardless of where used, including, but not limited to, the proportion, color and font.

Merchandise. Licensee and its Instructors shall not manufacture, create or distribute any merchandise (including clothing) or other promotional items except those purchased from Piloxing or an authorized Piloxing distributor.

PIA Materials. Licensee and its Instructors shall not copy, duplicate, sell distribute or otherwise disseminate any of materials obtained by virtue of becoming a PIA or PCA member, including but not limited to the PIA Member welcome kit and its contents, and PIA Marketing Resources.

Use of Marks other than to Promote Fitness Class. Licensee acknowledges that PILOXING may use (or license others to use) the Marks (and other trademarks and names) in connection with goods and services other than the Services. This Agreement does not grant to Licensee or its Instructors any right to use, and Licensee and its instructors shall not use, any of the Marks for purposes of promoting any workshop, training, instruction or other activity other than a live PILOXING class. Nor shall Licensee or its Instructor use any of the Marks to identify a gym, workout facility, or an other type of facility, program or product, without the express prior written consent of PILOXING.

Videos. Except as expressly set forth above or by using marketing videos provided by Piloxing to PIA members, Licensee cannot create any videos or DVD's which depict or otherwise imitate PILOXING choreography. PILOXING fitness videos and DVDs are fully protected under the laws of copyright, and an unauthorized duplication, exhibition, distribution or other use without the express prior written consent of PILOXING is strictly prohibited. In addition to constituting grounds for termination of this Agreement, copyright violators will be prosecuted to the fullest extent of the law. Short marketing videos may be created using trained Instructors, but they must be approved by PILOXING prior to use.

THE PILOXING® AND MERCHANDISE MARKS

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