Branding Policy

branding policy

YELLOW LABS SOFTWARE, INC. DBA ACCOUNTINGSUITE

This BRANDING POLICY (the “Branding Policy“) governs use of our Brand Assets. This Branding Policy is a legal agreement between you (or a “Brand Partner”) and the Company and describes the terms governing your use of our Brand Assets. By accepting electronically, installing, accessing or using our Brand Assets and/or by clicking any button marked “I Accept,” “I Agree,” “You Agree,” “You Accept” or similar when using our Brand Assets: (a) you agree to be bound by this Branding Policy and all of our other Terms of Service and (b) you further agree that any of your Authorized Users of our Brand Assets will also be bound by this Branding Policy and all of our other Terms of Service. IF YOU DO NOT AGREE TO THIS BRANDING POLICY, THEN YOU ARE PROHIBITED FROM USING OUR BRAND ASSETS.

This Branding Policy forms part of our Terms of Service. See our End-User Agreement for additional terms governing your use of our Services generally. Capitalized terms used herein but not defined shall have the meanings assigned to them in our End-User Agreement.

IF YOU HAVE QUESTIONS ABOUT THIS BRANDING POLICY, PLEASE CONTACT THE COMPANY AT THE FOLLOWING EMAIL ADDRESS: support@accountingsuite.com.

  1. License.

    1. Our Brand Assets (our “Licensed Brand Assets”) that are potentially available for your use may be found here: https://help.accountingsuite.com/portal/en/kb/articles/brand-assets. We hereby grant to you a limited, non-exclusive, non-transferable, revocable license to use our Licensed Brand Assets in the Licensed Territory solely for the purpose of depicting your current relationship to us, either as our Registered User or as a Developer using our Developer Platform. Such depiction must be directly related to your use of our Services and not any other Services (whether provided by you or third parties). Your usage must also comply with all of our branding and trademark usage guidelines which may be provided by us and updated by us from time to time. We reserve the right to object to uses of our Brand Assets that we deem to be misleading, confusing, unfair, damaging to our brand and ownership thereof or otherwise fails to meet our branding restrictions.


    2. From time to time, we may update or change our Branding Policy or some or all of our Brand Assets. In the event that we do so, you agree to discontinue use of our older Brand Assets and only use our new Brand Assets. We will attempt to notify you when we make such changes; however, it is your responsibility to periodically review our Branding Policy and comply with such changes, with or without notification from us.


  2. No Grant of Title. Except where expressly stated, our Terms of Service do not grant you any right, title or interest in or to our Brand Assets. You may not use our Brand Assets without our prior written consent. Any permitted use by you of our Brand Assets (including any goodwill associated therewith) will inure to our benefit.

  3. Prohibited Uses. You may not use any of our Brand Assets (or elements or phonetic equivalents thereof): (a) on direct business source identifies, such as stationery, business cards, company signs, domain names or Website titles, (b) in connection with non-tested products, (c) on promotional merchandise (such as t-shirts), tradeshow booth signage or other physical displays, (d) in connection with support or consulting services, (e) in connection with Services that violate our Terms of Service, (f) in the title of your Application or Website or (g) in any other manner not licensed or approved by us.

  4. Prohibited Behavior.

    1. You agree not to do the following: (a) challenge our ownership of our Brand Assets, (b) use our Brand Assets in a way that disparages or demeans us, our Affiliates, our Related Companies or our Integration Partners, (c) use our Brand Assets in any manner which violates our Terms of Service or which allows others to do so or (d) use our Brand Assets in violation of any Applicable Laws and/or Rules.


    2. You agree that you will not use (except as allowed under Section 1) or register in any jurisdiction or in any language any Application name, other product or service name, trademark, service mark, logo, trade name, company name, fictitious business name, internet domain name, screen name or other signifier containing, similar to, using alternative spellings of or phonetic equivalents of the following: “ACCOUNTING SUITE,” “ACS”, “YLS,” “YLSI,” or “YELLOW LABS.” You agree not to challenge our ownership of our Brand Assets.


  5. URLs. If any of our Brand Assets contain instructions for linking with a URL located on our Website, you must enable such linking when you use that asset. You may not use the following words as part of any URL on your Website: ““ACCOUNTING SUITE,” “ACS”, “YLS,” “YLSI,” or “YELLOW LABS.”

  6. Your Logos. Your logos may not be a mimicked version of, similar to or an alteration of any of our Brand Assets. Your logos may not contain any of our Brand Assets. Your business name and/or logo must be clearly displayed in a prominent place on your Website or Application. Your business name and/or logo must appear larger than any of our Brand Assets displayed on your Website or Application. If we notify you of any confusion or risk of confusion between your Brand Assets and our Brand Assets, you shall take appropriate steps to immediately remedy or avoid such confusion or risk thereof, including immediate assignment of any Applications, registrations, Brand Assets or other rights to us at your expense.

  7. Publicity. You may promote your use of our Services to your End-Users with direct communication, but you may not issue any formal press releases via traditional or online media referring to the Company without our prior written consent. You must conduct all such activities truthfully and without implying that your use of our Services is created, sponsored, or endorsed by us (or otherwise embellishing your relationship with us) and you may not make any legal representations, guarantees or warranties on behalf of the Company or with respect to our Developer Platform or our other Services. If you become aware that any public-facing articles are being developed by independent publications or authors connecting your use of our Services to the Company, then you agree to immediately inform us.

  8. Attribution. All materials, Applications, packaging and Websites that display our Brand Assets shall include a required legend as follows: “AccountingSuite is a registered trademark of Yellow Labs Software, Inc. displayed under license.”

  9. Indemnification. In addition to the indemnification provisions of Section 21 of our End-User Agreement, you agree to indemnify and hold the Company and its Affiliates harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, brought by any Person (including any of your End-Users) against the Company based on or arising from your improper, impermissible, deceptive, confusing, infringing or illegal use of any of our Brand Assets. The procedure for such indemnification may be found in Section 21 of our End-User Agreement.

  10. Termination. The Company may terminate our Branding Policy in accordance with Section 20 of our End-User Agreement. Upon such termination, all rights and license granted to you for the use of our Brand Assets shall terminate immediately and you must cease using our Brand Assets (unless you have a separate license to use them under another agreement with the Company).

SEE OUR END-USER AGREEMENT FOR ADDITIONAL TERMS GOVERNING YOUR USE OF OUR SERVICES GENERALLY.