IPayAsia Marks Usage Agreement
Last updated: July 29, 2019
This IPayAsia Marks Usage Agreement (“Agreement”) sets out the legal terms governing your ability to use the IPayAsia name, logo, and other registered or unregistered IPayAsia trademarks and service marks owned by IPayAsia and its affiliates (“IPayAsia Marks”) to let your customers know that IPayAsia (“we”, “us”, “our”) provides services for your business. A list of the IPayAsia Marks available for use can be found on our Logos and Resources page. This Agreement supplements, and is governed by, your agreement with IPayAsia for the use of Services provided by IPayAsia (“Services Agreement”). Your IPayAsia Agreement is the IPayAsia Services Agreement, unless you and we agree to substitute a different agreement. Terms used but not defined in this Agreement, such as “IPayAsia” and “Services”, have the meanings given in the Services Agreement.
You may not use any IPayAsia Marks without having agreed to abide by all of the terms and conditions in this Agreement, and unless you do so in accordance with this Agreement.
- Permission to Use IPayAsia Marks
IPayAsia Marks are important assets of IPayAsia’s business and are protected by US and international laws. You are licensed to use the IPayAsia Marks as described in this Agreement on a non-exclusive, non-transferable basis on websites or applications that utilize the Services (as defined in the Services Agreement). However, your use is subject to the terms set out in this Agreement, and we may terminate your license via (i) our absolute ability to supervise, monitor, and revoke your license at any time and at our discretion, or (ii) your non-use or cancellation of the Services. Upon termination of the license, you agree to promptly remove any IPayAsia Marks from any websites or applications, or other material within a reasonable time.
- Proper Use of IPayAsia Marks
Proper Use: You may only use the IPayAsia Marks on the portion of your website or application that directly relates to the Services, such as on a checkout page utilizing our payment processing services. All IPayAsia Marks should directly link to our homepage at www.iPayAsia.com. Where only the IPayAsia name or logo is used, as opposed to the “Powered by IPayAsia” or “Connect with IPayAsia” logos, we ask that you provide proper trademark attribution crediting ownership of the IPayAsia Marks to us, such as:
The IPayAsia name and logos are trademarks or service marks of IPayAsia, Inc. or its affiliates in Hong Kong SAR and other countries. Other names may be trademarks of their respective owners.
Brand Guidelines: We may also provide you with style or usage guidelines describing such things as size, color, or relative placement of IPayAsia Marks. You may only use the IPayAsia Marks consistent with those guidelines except where we expressly agree otherwise with you in writing. You will update your use of the IPayAsia Marks to conform to changes in the guidelines within a reasonable time after we provide you notice of the change.
Attribution: The TM or SM Symbol should be prominently displayed in conjunction with any IPayAsia Mark being used, unless otherwise directed by us to use the ® symbol. All IPayAsia Marks used should directly hyperlink to the IPayAsia home page located at www.iPayAsia.com.
- Impermissible Uses of IPayAsia Marks
You may not display, copy, modify, transmit or otherwise use the IPayAsia Marks except as described in this Agreement, the guidelines, or otherwise agreed in writing by IPayAsia. You may not use the IPayAsia Marks to show IPayAsia or the Services in any disparaging or derogatory light, or in any way that may be damaging to our brand or to our interests in the IPayAsia Marks.
You may not use the IPayAsia Marks to imply endorsement by IPayAsia of your products or services, or in a manner that causes customer confusion. You may not misrepresent your relationship with IPayAsia, or use the IPayAsia Marks in any manner that is misleading. You may not use the IPayAsia Marks in relation to goods or services that are unrelated to the Services. In addition to any other right that we may have to enforce the terms of this Agreement, you must promptly comply with any request that we make for you to cease a use of the IPayAsia Marks that we determine is non-compliant with this paragraph.
In addition to protecting the IPayAsia Marks, it is important to us that you maintain an independent brand. Even where use of IPayAsia Marks is permitted, we suggest that you prominently use your own marks in a manner that makes your brand or any other descriptor of your goods/services clearly distinguishable from that of IPayAsia’s. For example, “Bar Analytics for IPayAsia” or “Foo Analytics powered by IPayAsia” are acceptable and emphasize your brand; but “IPayAsia Analytics”, “IPayAsia for Platforms”, or “IPayAsialytics” are unacceptable and emphasize the IPayAsia Marks. You may not use the IPayAsia Marks or any confusingly similar name or trademark with your product, service, company, or domain name. For instance, you may not use names like “IPayAsia Business Services”, “IPayAsia for Platforms” or domains like “getiPayAsia.com.”
- No Warranties
As part of this Agreement, we do not make any representations regarding your use of IPayAsia Marks. We disclaim all warranties, express and implied, including any warranties of non-infringement.
- Your Liability For Third-Party Claims
You will indemnify IPayAsia, its affiliates, and their respective employees and agents (each a “IPayAsia Entity”) against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against a IPayAsia Entity that results from your impermissible use of any IPayAsia Marks, as described in Section 3 above, including any third party Claims based on trademark or copyright infringement, dilution, passing off, counterfeiting, or unfair competition. You will also responsible for, and will fully reimburse the IPayAsia Entities for, any liability incurred by the IPayAsia Entities in connection with such Claims.
You will fully cooperate with the IPayAsia Entities by providing reasonable assistance, authority, information, and resources where applicable, in order to assist with the defense of the Claims described in the previous paragraph. You recognize IPayAsia’s authority to control any defenses or responses against any such Claims, and you agree to cooperate with any IPayAsia Entity that wishes to assert such authority.
- Contacting Us
If you have any questions about this Agreement, please don’t hesitate to contact us.
- Other Legal Provisions
Except as otherwise agreed upon in writing between you and us, this Agreement is the entire agreement between you and us regarding your use of the IPayAsia Marks. We may terminate this Agreement at any time upon notice to you. You may not transfer this Agreement to any third party. This Agreement is governed by the laws and dispute provisions specified in the Services Agreement, which are incorporated into this Agreement by reference. If any provision or portion of this Agreement is held to be invalid or unenforceable, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.
