Trademark Guidelines
You acknowledge that Expion360 owns the trademarks, service marks, and trade dress used on or related to Expion360’s products, including, but not limited to, EXPION360, E360, POWER THE PURSUIT, AURA, POWERCAP, SMARTTALK, E 360, EXPION INSIDE, VHC, VERTICAL HEAT CONDUCTION, EXPION360 HOME ENERGY, EDGE, POWEREDGE, BLADE, POWERBLADE, or related Expion360 logos, and other graphics, phrases or images that identify the source or origin of Expion360s product and services (collectively, “Expion360 Trademarks”). Expion360 Trademarks are protected in the US and internationally and may be registered in various countries. If an Expion360 Trademark is not registered in your authorized country, you may request that Expion360 file a trademark application, which Expion360 may do in its own discretion. You shall not file, authorize a third party to file, or aid a third party in filing a trademark application for any Expion360 Trademark in any country. If you violate this provision, you shall promptly assign the trademark application or resulting registration according to local law to Expion360 upon Expion360’s request and you shall bear all costs for the same, including Expion360’s attorney’s fees. Promptly upon Expion360’s request you shall reimburse Expion360 for all costs (including attorney’s fees) incurred by Expion360 to enforce its rights in the Expion360 Trademarks against you or to otherwise preserve or acquire rights to the Expion360 Trademarks caused by your violation of this provision, including the costs associated with filing oppositions, cancellations or other legal proceeding. Expion360 may refuse to ship your order until you have fully complied with this provision or may terminate the agreement, at Expion360’s sole discretion. Except as otherwise stated herein, you shall not use Expion360 Trademarks or copyrighted materials without Expion360’s prior written permission. You shall not alter or modify the Expion360 Trademarks, use the Expion360 Trademarks in connection with product that does not originate with Expion360 or use the Expion360 Trademarks in a confusing way that suggests that Expion360 sponsors or endorses you or your products or services, or confuses the Expion360 brand with another brand. As a Expion360 Reseller, you may use the Expion360 wordmarks (such as Expion360 or E360, but not our logos) in any written, photo or video content to refer to Expion360 branded products and may display in photos or videos genuine Expion360 branded products in the same bearing the Expion360 Trademarks.
Websites
Your website must not use a Expion360 Trademark or misspellings or other variations of such in your domain name or banner nor shall the website copy the distinctive Expion360 look and feel, as we do not want anyone to be confused about whether it’s your site or our site. Upon Expion360’s request, you shall promptly revise your website to comply with the foregoing to Expion360’s satisfaction. You agree not to apply for, authorize a third party to apply for or aid a third party in applying for a domain name containing a Expion360 Trademark or misspellings or other variations of such. If you violate this provision, promptly upon Expion360’s request you shall assign or cause the assignment of the domain name to Expion360 according to local law and you shall bear all costs for the same, including Expion360’s attorney’s fees. Promptly upon Expion360’s request, you shall reimburse Expion360 for all costs (including attorney’s fees) incurred by Expion360 to enforce its rights to domain names violating this provision, include the costs associated with filing complaint pursuant to the UDRP or any other legal proceeding. Expion360 may refuse to ship your order until you have fully complied with this provision or terminate the agreement, at Expion360’s sole discretion.
This Reseller’s Agreement shall be governed by and interpreted in accordance with U.S. federal laws and the laws of the State of Oregon, as applicable, without regard to conflicts of law, and the federal or state courts of competent jurisdiction in the County of Deschutes shall be the sole jurisdiction for disputes arising out of this Agreement.