Marketing Assets Agreement
Black Diamond Equipment, Ltd. Marketing Assets
Please read the agreement below and check the box at the bottom of this page to visit our Black Diamond Equipment Marketing Assets page, which includes: logos, product photos, stock photography, workbook PDFs, press releases, ads and password-protected files. NOTE: By checking the Agreement you acknowledge that your usage of all content provided by Black Diamond Equipment will be in compliance with all aspects of the Black Diamond Equipment Brand Standards Manual, which is available for download on the following page. Please be sure to read the Brand Standards Manual thoroughly to ensure you are properly following the usage guidelines. All assets on this page are copyright Black Diamond Equipment, Ltd. and are available for use per the agreement below:
Asset Use Agreement
By downloading, copying or making any use of any image, PDF, text, logo, etc., you acknowledge that you have read, understand, and agree to this Asset Use Agreement. If you do not agree to these terms, do not copy or use the assets in any way without express written permission from Black Diamond Equipment, Ltd. These images and assets are provided by Black Diamond Equipment, Ltd. for your "royalty free" usage. You may use these assets to promote your business (in concert with the sale of Black Diamond Equipment product ONLY) in the following media: Promotional/advertising materials, editorial and catalog layouts, web and online design, multimedia presentations and video/film productions or broadcasts. When stock photo images and ad images are used, the photographer and Black Diamond Equipment (Courtesy of...) must be credited. Specific credits for each stock photo or ad image are found within their respective folders. Black Diamond Equipment reserves the right to cancel usage of these images/assets and request the termination of use of any digital files at any time. All copyright is retained by the individual photographers and/or Black Diamond Equipment, Ltd. You may not alter or modify the Image, in whole or in part, for any reason. We provide these assets on an "as is" basis. You are soley responsible for your use of the assets. Any misuse of an asset or breach of this Agreement will be cause for Black Diamond Equipment to discontinue providing these assets to you for future use.
Black Diamond Equipment Ad Agreement
Black Diamond Ad Images are for use by Black Diamond Equipment Dealers only. Use of any of the Ads contained in this folder constitutes acceptance of all terms and conditions listed below.
If any usage of the Ads does not adhere to the terms and conditions, the Black Diamond Equipment Dealer agrees to pay Black Diamond three (3) times the Photographer’s fee for such usage.
Usage is only available until December 31, 2015. As of December 31, 2015 the Ads are no longer available for usage.
All published (electronic or print) usages of Ads must be accompanied by a legible copyright notice to Photographer and Image caption.
Black Diamond Equipment Dealers will not make any alterations, including but not limited to additions, subtractions or adaptations in respect of the Ads.
Transfer and Assignment
Black Diamond Equipment Dealers may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless set forth in writing and signed by all parties—Black Diamond Equipment Dealer, Black Diamond Equipment and Photographer. This agreement incorporates by reference Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state.
Disputes & Federal Jurisdiction
In the event of a dispute, the Black Diamond Equipment Dealer shall pay all court costs, Black Diamond Equipment’s reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Black Diamond Equipment. Black Diamond Equipment Dealers hereby expressly consent to the jurisdiction of the Federal courts with respect to claims by Black Diamond Equipment under the Copyright Act of 1976, as amended.