Brand Hub Access Request Form

Upon receiving a signed copy of your execution of this Terms of Use, either by email or U.S. Mail, Madico will provide you with the applicable username and password to the Madico Brand Hub file sharing system on which you can access and/or download Madico’s Intellectual Property for use in connection with the advertising and/or promotion of Madico products. Madico will not be liable in any way for failing to notify you of any changes to the Brand Hub. Madico also reserves the right to terminate your access to the Website and Materials at any time and without prior notification. Madico, Inc. may revise and update these Terms of Use at any time and without notice.

You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You may only use this Website for lawful purposes.

Intellectual Property

All Intellectual Property (including the organization and presentation of such material) on this Website (the “Materials”) are the property of Madico, Inc. and are protected by intellectual property laws including laws relating to copyrights, trademarks, tradenames, internet domain names, and other similar rights.

Madico hereby grants to you, during the term of this Agreement and subject to the terms and conditions contained herein, a terminable, non-exclusive, royalty-free license to use the Materials as they appear on the Website, including but not limited to Madico’s trademarks, logos, photographs, images, and text, in connection with your advertising and/or promotion of Madico products only.

The Materials may only be downloaded and copied for your own use in conjunction with advertising and/or promotion of any Madico brand products. None of the Materials contained herein shall be used for the promotion of any other products not manufactured or distributed by Madico, Inc.

You agree to conduct the merchandising, advertising, offering for sale and/or sale of any Madico products in a dignified manner, consistent with and enhancing the general reputation of Madico and in accordance with the Madico, Inc. Corporate Identity Handbook, as it may be amended from time to time, which can be found on the Madico Brand Hub. You agree not to modify the appearance of any of the Materials and not to delete or modify any copyright notices or trademark symbols. You agree not to adopt or use, without Madico’s written consent, any variation of any Materials or any marks that are likely to be similar or confused with any Madico marks or Materials.

Upon the expiration or termination of this Agreement for any reason, you agree to immediately and permanently discontinue using the Materials, to delete all electronic reproductions of the Materials from your records, storage, and/or archives, and to promptly return all physical items embodying the Materials to Madico.

Madico updates the information on this Website regularly. However, Madico cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. Madico may revise, supplement or delete information, services and/or the resources contained on the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Madico shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any of the Materials from this Website.

Website and Materials Provided “As Is”

THIS WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Madico does not represent or warrant that this Website or the Materials will meet your requirements or that their use will be uninterrupted or error free.

Limitation of Liability

You assume all responsibility and risk for use of this Website and the Materials including without limitation any of the information contained therein. In no event shall Madico or any of its directors, officers, employees, shareholders, partners or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these terms of use, including without limitation your use of reliance upon, access to, or exploitation of this Website, the Materials or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort, infringement of intellectual property right or otherwise. Madico shall have no liability to you for or in respect of any claim by any third party that your use of the Materials infringes upon or otherwise violates any proprietary or other rights of such third party. Madico shall have the sole right, at its expense, to defend and settle for other than money damages any action that may be commenced against Madico or you alleging that the Materials infringe the rights of any third parties. In such event, you shall promptly discontinue, at the direction of Madico, the use of the Materials.

You agree that any breach or threatened breach by you of this Agreement will result in immediate and irreparable harm to Madico, for which there will be no adequate remedy at law, and that Madico will be entitled to injunctive relief to restrain you from violating this Agreement or to compel you to cease and desist all unauthorized use and disclosure of the Materials, without needing to prove actual damage or posting bond or other security. You will indemnify Madico against any costs, including reasonable legal fees, incurred in obtaining relief against your breach of this Agreement. Nothing in this section shall be construed as prohibiting Madico from pursuing any other remedies available to it for such breach or threatened breach, including recovery of damages from you.

This Agreement constitutes the entire agreement of the parties relating to its subject matter and supersedes all prior oral or written understandings or agreements relating thereto. No promise or statement not set forth herein has been made or relied upon by either party hereto. This Agreement may not be amended, modified, or canceled except by a written instrument executed by both parties. This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Florida applicable to contracts negotiated, executed and to be wholly performed in that State. Any proceeding arising out of or relative to this Agreement or the transactions contemplated hereby shall be instituted only in a state or federal court located in the Middle District of Florida, and each party waives any objection which such party may now or hereafter have to the personal jurisdiction or the laying of venue of any such proceeding.