Purpose |
1. The CHBA-NB grants to the User Member the right to use the Mark, exactly as it appears at Schedule "A" and in no other way, for the purpose of identifying it as a renovation contractor who has agreed to abide by the RenoMark™ terms reproduced at Schedule “B” hereof (the “Code of Conduct”). |
Eligibility Member |
2. a) The User Member covenants and agrees to abide by the Code of Conduct at all times. |
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b) The User Member further attests that neither the firm, nor any of its principals, have at any time been denied admission to a warranty program, or to a governmental registration or licensing system pertaining to construction, or been suspended or expelled by a construction or development organization, or had a Court ruling issue against them in relation to any of the criteria set forth at Schedule B. |
Appearance |
3. Notwithstanding the appearance of the Mark as it presently appears at Schedule "A", the User Member acknowledges and agrees to abide by the Owner’s right to issue instructions, standards of quality and Trade-Mark specifications from time to time, including such information as indicates the Owner’s ownership of the Mark. |
Exclusivity |
4. The rights granted to the User Member by the CHBA-NB are non-exclusive. |
Conditions |
5. The CHBA-NB grants the above rights to the User Member on the following conditions: |
Non-Transfer |
a) The rights are non-transferable. |
Focus |
b) The User Member shall use the Mark only for the purpose set out at paragraph 1 above. |
CHBA-NB Members Only |
c) The User Member shall use the Mark only so long as it is a fully paid-up Member in good standing of the CHBA-NB. |
Rights Respected |
d) The User Member undertakes not to use the Mark in any way that is likely to prejudice the Trade-Mark rights of the Owner or of the CHBA-NB, as determined by the CHBA-NB and/or BILD, in their sole discretion. |
HOLD HARMLESS |
f) THE USER MEMBER SHALL HOLD THE OWNER, THE CHBA AND THE CHBA-NB HARMLESS OF ANY CLAIMS ARISING FROM THE USER CONTRACTOR'S USE OF THE MARK, OR FROM ANY REPRESENTATIONS MADE IN CONNECTION WITH THE MARK. |
Legal Defense |
g) In the event that the Member, the CHBA or the CHBA-NB are required to resort to litigation or other action because of any default of the User Member under this agreement, then the User Member shall be responsible for all costs thereunder. |
Start/End |
6. This Agreement shall be effective from this date and shall be terminated in the event that: |
By Consent |
a) The CHBA-NB is no longer licensed to use the Mark; |
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b) The User Member has breached the terms of this Agreement and has failed to remedy same within 15 days of receipt of written request to do so by either the CHBA-NB or the owner; |
Meaning of Mark |
c) If the User Member misrepresents the Mark as signifying something other than what is outlined at Schedule “B”; |
Membership |
d) If the User Member ceases to be a member in good standing of the CHBA-NB. |
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e) Upon termination of this Agreement, the User Member shall forthwith cease using the Mark, making any representations (verbal or in writing) to potential customers and the public that it is a licensed RenoMark Contractor, surrender all certificates pertaining to the Mark to the CHBA-NB, and dispose of all other materials bearing the Mark. |
Web Promotion |
7. a) The User Member acknowledges that the Owner maintains a national Website, at www.renomark.ca |
Web Page |
b) The CHBA-NB shall arrange with the Owner for creation of a section on that national website, displaying the User Member’s use of the Mark; for that purpose, the User Member shall accurately provide to the CHBA-NB its logo, contact information, and such other information and graphics as the CHBA-NB considers appropriate. |
Updates |
c) The User Member shall promptly provide all necessary updates for the information at paragraph 7(b) above. |
Accuracy |
d) THE USER MEMBER SHALL HOLD THE OWNER, THE CHBA AND THE CHBA-NB HARMLESS OF ANY INACCURACY IN THE USER CONTRACTOR'S INFORMATION OR DAMAGES ARISING THEREFROM. |
Privacy |
8. The User Member authorizes the Owner and the CHBA-NB to use information disclosed in its application, other than banking and credit information, to promote the Mark and communication between users of the Mark. The User Member releases the Owner and the CHBA-NB and their personnel from any liability in connection with the release and/or use of the said information. |
Interpretation |
9. a) The User Member agrees that nothing in this Agreement confers any right or title to the Mark other than by way of sub-license. |
Personnel |
b) References to the User Member include its officers, directors, agents and employees. |
Completeness |
c) The entire Agreement between the parties is stated herein. |
Time Essential |
d) Time shall be of the essence of this Agreement. |
Severability |
e) The invalidity of any provision of this Agreement shall not affect the validity of other provisions. |
Margins |
f) The marginal annotations do not form part of this Agreement. |
Law |
g) This agreement shall be governed by the laws of New Brunswick. |
Contacts |
h) All communications shall be addressed as follows: |
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i) For The CHBA-NB, to: P.O. Box 3358, Station B, Fredericton, NB, E3A 5H1 – 506-459-7219 #200 Claudia Simmonds, Executive Officer |