We are immensely proud of the brands we have developed. In order to ensure that our brands are used appropriately, anyone who wishes to use our company or event names, logos, content, images or the like must enter into a brand use agreement with Sinister Sports.
This Intellectual Property License Agreement is between you, the user, and Sinister Sports Inc. (“Sinister”). This Intellectual Property License Agreement outlines how you can use Sinister’s intellectual property including, without limitation, any images, photos, illustrations, videos, designs, logos, copyrighted works, trademarks, etc. of Sinister’s, and specifically including the following:
1.1 Intellectual Property License: Sinister may, from time to time, grant one or more licenses to some or all of the Intellectual Property to you on various terms and conditions. When such a license may be granted to you, you may use the Intellectual Property according to the agreed upon terms and conditions.
1.2 Compulsory Intellectual Property License: Unless authorized by Sinister under section 1.1 above, any use of the Intellectual Property, in whole or in part, for any reason is strictly prohibited and shall result in an automatic, immediately payable, compulsory license fee (the “Royalty Fee”) on a per-unauthorized use basis. For clarity, when you use any or all of Sinister’s Intellectual Property, in whole or in part, without the express written consent of Sinister, you are automatically agreeing to pay to Sinister an automatic, compulsory, immediately payable Royalty Fee, per unauthorized use, such Royalty Fee to be determined by Sinister acting reasonably on a case-by-case basis and based upon reasonable royalty rates.
1.3 Unless otherwise agreed upon in writing by Sinister, the following compulsory Intellectual Property license fees shall apply:
1.3.1 One Thousand Canadian Dollars ($1,000.00 CDN) for each unauthorized use, howsoever and wheresoever used, of Canadian Trademark Registration No. TMA1,044,785 for “SINISTER 7”;
1.3.2 One Thousand Canadian Dollars ($1,000.00 CDN) for each unauthorized use, howsoever and wheresoever used, of Canadian Trademark Registration No. TMA1,116,037 for “DEATH RACE”; and
1.3.3 One Thousand Canadian Dollars ($1,000.00 CDN) for each unauthorized use, howsoever and wheresoever used, of Canadian Trademark Registration No. TMA1,116,038 for “CANADIAN DEATH RACE”.
1.4 Sinister reserves the right to modify this Intellectual Property License Agreement at any time. Sinister may discontinue licensing some of all of the Intellectual Property at any time in its sole discretion.
2.1 Sinister is and shall, at all times, remain the owner of the Intellectual Property. Nothing in this Intellectual Property License Agreement convey any intellectual property rights to you or to any other party.
3.1 Governing Law. This Intellectual Property License Agreement will be construed, interpreted and applied in accordance with the laws of Alberta and the federal laws of Canada applicable therein, excluding its body of law controlling conflicts of law.
3.2 Entire Agreement. This Intellectual Property License Agreement constitutes the entire Intellectual Property License Agreement. No modification to this Agreement shall be effective unless in writing.
3.3 Assignment. The Intellectual Property License Agreement is non-transferable and non-assignable by you without Sinister’s written consent; provided that any permitted assignee shall assume all obligations of its assignor under this Intellectual Property License Agreement.
3.4 Severability. If any provision(s) of this Intellectual Property License Agreement are or become invalid, illegal or unenforceable, the remainder of this Intellectual Property License Agreement shall not be affected; provided that Sinister’s rights are not materially affected.
3.5 Status. Nothing in this Intellectual Property License Agreement is intended or shall be deemed to constitute a partner, agency, employer-employee, or joint venture relationship.
©2020-2023 Sinister Sports Inc. All Rights Reserved.
