Live Laugh Love® Retailer Application Terms
version 8-23-2019
These Retailer Application Terms apply to those persons accessing our Wholesale Application, which is posted on www.NameBrands.net.
By accessing the Retailer Application applicant accepts these terms, the www.NameBrands.net website Terms of Use, and the LiveLaughLove.com website Terms of Use, whether or not the Application is completed or applicant is ultimately accepted as a wholesale purchaser.
You (Applicant) have contacted Name Brands, Inc. (NBI) and asked to purchase goods at wholesale for the purpose of resale to consumer end users in your own store. In exchange for the opportunity to exchange information and be evaluated for the opportunity to do so, full sufficiency of which as consideration to bind the parties to these Terms is hereby acknowledged, you agree to these Terms.
You acknowledge and agree that the Live Laugh Love® trademarks, including transpositions of their component words, or with additions or extensions before or after them, including without limitation places and activities, in all trademark classes of goods and services, belong to D-Generation, Inc., a third party beneficiary of and not a party to this agreement, from which NBI holds a master license.
You agree that you will not will not use the trademarks, or trade off them or anything similar to either, except under license from NBI.
You acknowledge by contract and common law that D-Generation, Inc. (“D-Gen”, a third party beneficiary and not a party hereto), is owner of the Live Laugh Love® trademarks whether or not registered. You agree that you will do nothing inconsistent with that ownership, and that your use of the trademark will inure to the benefit of D-Gen without recourse. As a matter of contract, you acknowledge and agree by law and by contract that D-Gen owns the trademarks as described herein and their associated goodwill in all trademark classes and as an object at the federal level and in all fifty states, and agree not to do anything inconsistent with that ownership, and will cooperate with D-Gen’s efforts to protect, defend or procure further registrations of the trademarks as described herein. You agree that you will not apply for registration or otherwise seek to obtain ownership of any NBI or D-Gen trademarks anywhere in the world, or act in any manner or contribute in any way to actions or activities that would adversely affect the value of the goodwill associated with the trademarks, and agree to sign a single sheet acknowledgement of this at any time, and irrevocably appoint NBI as your agent or attorney-in-fact to do so without notice or recourse. You agree not to seek or claim a copyright on artwork which incorporates the above or similar trademarks. You agree that applicant’s information on the Wholesale Application may be used to create a one sheet trademark ownership confirmation listing the foregoing which may be used and filed of public record, and agrees to stand by that document. NBI or its assigns shall be the exclusive owner of all material produced or used by you that includes any of the trademarks whether or not they have been or can be registered or copyrighted, and any copyrights or trademarks which are registered or filed shall be registered or filed in the name of D-Gen or as instructed by NBI.
Applicant Defined. The term Applicant will include, without limitation: Applicant; all officers, directors, persons with controlling interest in, owners and economic beneficiaries of Applicant; any person, entity or relative acting directly or indirectly on account of Applicant; a spouse, child or relative of Applicant engaged in the same or similar activity or business of Applicant; any transferee or Applicant’s business or assets as execution of these Terms; Applicant as an employee, advisor, consultant, or on behalf of or for the benefit of another; any partnership, subsidiary, affiliate, corporation, joint venture, employer-employee, consultant, or any other type of entity or arrangement, in which Applicant is engaged, affiliated with, or to which anyone or anything defined as an Applicant herein is related, whether for free or for direct or indirect compensation or benefit financial or otherwise; any of the same as to officers, directors, owners, economic beneficiaries, and agents of a corporate Applicant. The person completing the license Application on behalf of Applicant personally jointly and severally guarantees the obligations of Applicant set forth in these Terms.
Entire Terms and Conditions. The Terms listed above constitute the entire agreement between Applicant and NBI, and all prior and contemporaneous oral and written statements, promises, agreements and understandings are incorporated herein, and none of such are binding unless set forth herein. The website Terms of Use are incorporated herein by reference, and shall control over any inconsistency between the two documents.
end of Live Laugh Love® Retailer Application Terms version 8-23-2019