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LETTINGS AGENCY
OF THE YEAR
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Winner's Terms

Licensing Agreement

Estate Agency of the Year Awards 2016 in Association with
The Sunday Times & The Times

LICENSING AGREEMENT FOR USE OF THE ESTATE AGENCY OF THE YEAR AWARD IN ASSOCIATION WITH THE SUNDAY TIMES AND THE TIMES LOGO, TEXT AND GRAPHICS: This License Agreement (Agreement) is made by and between Estate Agency Events Ltd (EAE) located at The Chapel, Reigate Road, Leatherhead, Surrey KT22 8RA (E), the owner and licensor of the “Estate Agency of the Year Awards” (EAOTYA) branding, and You. EAE is the owner of rights in the EAOTYA Marks (as defined below), and is permitted by Times Newspaper Limited (TNL) to use the TNL Marks (as defined below) and is authorised to grant licences to use the TNL Marks. As a winner of an award at the EAOTYA, EAE is willing to grant You a licence to use the EAOTYA Marks and the TNL Marks on the terms and conditions set out in this Agreement.

The following definitions apply in this Agreement:

the Award the award presented to You at the Estate Agency of the Year Awards 2016;
the EAOTYA Marks the word marks, text and logos as indicated in the winner’s toolkit provided to You and as outlined below;
the Term the period from the date of the Estate Agency of the Year Awards 2016 ceremony to the 1st January 2018; and
the TNL Marks The Times and The Sunday Times text & logos to the extent that they are incorporated in the EAOTYA Marks only.

  1. EAE hereby grants You a non-exclusive licence to use the EAOTYA Marks and the TNL Marks for the Term for the goods or services for which the Award was received.
  2. You agree that any and all use You make of the EAOTYA Marks shall be in accordance with the guidelines below:
    (a) any use of the EAOTYA Marks must be truthful, fair and not misleading;
    (b) You must always use the proper spelling of the EAOTYA Marks as shown in the winner’s toolkit provided to You and as outlined below;
    (c) You may not alter the EAOTYA Marks in any way without the prior written consent of EAE;
    (d) no artwork may be used other than that supplied by EAE in your winner’s toolkit;
    (e) the EAOTYA Marks should not take up more than 25% of any design piece and the EAOTYA Marks must not be adapted within your own company’s design;
    (f) do not make puns out of the EAOTYA Marks or portray them negatively;
    (g) do not incorporate the EAOTYA Marks into your own product names, service names, trade marks, logos, or company names, and do not adopt marks or logos that are confusingly similar to the EAOTYA Marks;
    (h) do not use the EAOTYA Marks on or in connection with any product or service that does not relate to the Award; and
    (i) do not use the EAOTYA Marks to promote any brand other than the one to which the Award was given, as per the entity named on your original entry form.
  3. For the avoidance of doubt, You acknowledge that the EAOTYA Marks are owned by EAE and You have no rights in the EAOTYA Marks other than those granted in clause 1.
  4. For the avoidance of doubt, You agree not to use the EAOTYA Marks in relation to anything other than the goods or services for which the Award was presented.
  5. You agree that You may not, without the prior written permission of EAE, carry out any exceptional marketing activities involving the use of the EAOTYA Marks, including but not limited to use on TV, Radio or where the size of the EAOTYA Marks exceeds 25% of a display area.
  6. In relation to the TNL Marks, You agree:
    (a) not to incorporate the TNL Marks into your own product names, service names, trade marks, logos, or company names, and not to adopt marks or logos that are confusingly similar to the TNL Marks; and
    (b) not to use the TNL Marks on or in connection with any product or service that does not relate to the Award.
    (c) When referring to TNL and your award/s in text at any time, to use only the following format:

    B ronze/Silver/Gold best (winning specialist category or size band and region e.g:) Medium South East winners at the Estate Agency of the Year Awards 2016 in association with The Sunday Times and The Times
  7. You acknowledge that EAE and TNL make no representation regarding the quality of products or services that You offer. You shall make no claims or implications that either EAE or TNL endorses or is affiliated with your products or services (other than by way of the Award).
  8. You agree that You and/or any persons involved in or associated with your company shall not at any time do anything which would be detrimental to or which would bring the EAOTYA, the EAOTYA Marks, EAE or any associated companies or the TNL Marks, TNL or any associated companies, into disrepute. If you are found to be in breach of the law or in breach of the codes of conduct of any industry organisation of which you are a member, we reserve the right to strip you of your award and all mention of it in associated media and communications e.g. the Judges' Report.
  9. To the fullest extent permitted by law, EAE is not liable to You for any direct, indirect, punitive, special, incidental, or consequential damages arising out of, or in any way connected with this Agreement, your products or services, or your relationship with any client, whether based on breach of contract, tort (including negligence) or otherwise. Nothing in this clause shall have the effect of excluding or limiting any liability for personal injury or fraud.
  10. You shall indemnify EAE for any loss suffered as a result of breach to these terms of use.
  11. If you have won a silver trophy or salver as part of your award, you are required to note that it is exceptionally valuable and you are expected to take care of it accordingly. In the event of damage, loss or theft, you are under obligation as part of this agreement to contact EAE immediately with full details. You must also retain any packaging provided as EAE will be in contact in due course to have it collected in time for the next awards ceremony.
  12. EAE may terminate this Agreement immediately if:
    (a) You (or anyone acting on your behalf) breach any term of this Agreement; or
    (b) You (or anyone acting on your behalf) use the EAOTYA Marks or the TNL Marks in a way that EAE considers unacceptable.
  13. EAE may terminate this Agreement for any reason by giving one month’s notice to You.
  14. At the end of the Term, or upon termination of this Agreement in accordance with clauses 12 and 13, You shall immediately cease all use of the EAOTYA Logo/visual Marks, and TNL Marks and text in all forms of communication including but not limited to: websites, email signatures, advertising, press communications, branded products including stationery and boards.
  15. At the end of the Term, or upon termination of this Agreement in accordance with clauses 12 and 13, you may only refer to your win in the following text format:
    Bronze/Silver/Gold best (winning specialist category or size band and region e.g:) Medium South East winners at the Estate Agency of the Year Awards 2016
  16. This Agreement sets out the entire agreement and understanding between You and EAE in relation to use of the EAOTYA Marks or the TNL Marks. It does not create any partnership or joint venture.
  17. The terms of this Agreement may not be varied except by express written agreement of both parties.
  18. You shall not at any time assign, transfer or deal in any other manner with your rights and obligations under this Agreement. EAE may at any time assign, transfer or deal in any other manner with its rights under this Agreement.
  19. This Agreement shall be subject to the laws of England and Wales and all parties submit to the exclusive jurisdiction of the English Courts.

Please send any enquiries to nicky@estateagencyevents.com