Terms of Use

Canadian Badlands Ltd. (CBL) owns and has reserved any and all rights, opportunities and approvals in various copy and marks, including the CBL logo, graphic elements, typography, and other various elements of the Canadian Badlands brand identity.

Consequently, any and all use of the CBL logo and word mark, in whole or in part, is strictly forbidden, except in strict accordance with the terms and conditions listed below (the "license terms").

1. Definitions: For purposes of these license terms, the following definitions are applicable:

   "use" or "used" includes accessing, loading, downloading, storing, installing, copying, printing, publishing, distributing, communicating to the public by telecommunication and/or broadcasting the content or a copy of the CBL logo.

   "marks" means trade-marks, official marks, service marks, words, symbols, terms, logos, emblems, designs, designations or trade dress, whether registered, advertised, application pending, unregistered or common law.

   "Canadian Badlands Logo Guidelines" means the graphic standards regarding the use of the CBL logo by the licensee, the current version of which is attached as an appendix to this document and is subject to change from time to time.

2. License: CBL hereby grants to the Licensee the non-exclusive, royalty free, revocable, limited and restricted one-time only, license to use the CBL logo for the non-commercial purpose(s) related to promoting travel to and within the Canadian Badlands only as described in the attached Request for a Proposed Use.
   

   For the sake of clarity, the Licensee shall not engage in any use of the CBL logo without the prior written approval of the CBL, such approval being specific to the circumstances of the proposed use as described by the Licensee in its request for a proposed use. The time period during the Licensee may use the CBL logo shall be from until or for the duration of the specific project as described by the Licensee in its request for a proposed use ("expiration date").

3. Approved Uses: By accepting or using the attached, the Licensee confirms and agrees that they are in compliance with the license terms contained herein and agree to be bound by the license terms. Any other unapproved or unauthorized use of the content beyond the license terms constitutes a breach of contract and a violation of the intellectual property rights of CBL, and in addition may result in the revocation of all present and future privileges granted by CBL to the Licensee.
4. Sublicensing and Assignability: The Licensee may not transfer, sublicense or assign the license or any rights granted by the license terms. However, the Licensee may engage other parties to assist the Licensee to exercise its rights pursuant to the license terms, provided that:
   1. the Licensee is responsible for any breach of the Licensee's obligations under the license terms cause by any such party ; and
   2. such engagement by the Licensee will be conditional upon such party being prohibited from using the CBL logo for any purpose other than as expressly requested by the Licensee to assist the Licensee to exercise its rights pursuant to the license terms.
5. Canadian Badlands Logo Guidelines: All uses by the Licensee of the CBL logo shall conform to the Canadian Badlands Logo Guidelines, as amended from time to time. Use of partial version or component, re-purposing, alteration, manipulation and /or modification of the CBL logo in any medium whatsoever that is not in full compliance with the Canadian Badlands Logo Guidelines is strictly prohibited.
6. Warranties: The Licensee warrants that the use of the CBL logo will be in no way defamatory, discriminatory, nor will discredit the CBL or any other organization, and their respective directors, agents, officers and employees or any other person whatsoever. The Licensee further warrants that the CBL logo will not be used in such a manner that is deceptive or misleading regarding the uses for which the Licensee has been granted approval to use the CBL logo.
7. Non-Permitted Uses: The Licensee further acknowledges and agrees that the CBL logo will not be used for commercial activity or purpose, for advertising, for profit-making, for the promotion of particular business, service or ware, for retail items or other items intended for sale, and /or for packaging or promotion of products and/or services intended for sale.
8. Liability: Under no circumstances will the CBL be liable to the Licensee or any other person for any loss or damage of any kind directly or indirectly arising from, connected with or relating to these license terms, the CBL logo or the Licensee's use of the CBL logo, regardless of any negligence, gross negligence, fundamental breach, or any other fault or wrongdoing by CBL or any person for whom CBL is responsible, and even if CBL has been advised of the possibility of such loss or damage being incurred.
9. Indemnity: The Licensee acknowledges and agrees to defend, indemnify and save and hold harmless CBL, its agents, partners, affiliates, successors and assigns and its and their respective directors, agents, officers and employees for any and all claims, liabilities, damages, demands, expenses or loss resulting from its use of the CBL logo, whether authorized or not, and the use, whether authorized or not, by other parties engaged to assist the Licensee to exercise its rights pursuant to the license terms.
10. Title: The Licensee acknowledges and agrees that it has no right, title or interest in any of the CBL marks, except the specific and limited licensed right to use the CBL logo as provided herein and that nothing in the licensed terms shall be construed as an assignment or grant to the licensee of any right, title or interest in or to the CBL logo or in any marks or in any copyright of CBL.

    The Licensee further acknowledges and agrees that the robefit and goodwill associated with the use of the CBL logo will enure entirely to CBL.

11. Copy of Final Product: Within 30 days of the completion of the project described in the Request for Proposed Use attached hereto, the Licensee agrees to provide CBL with a copy of the final product for archival and review of brand compliance purposes.
12. Termination: At its option and in its sole discretion, CBL may terminate the license and/or recall the CBL logo and its previously approved use and/or request that it be taken out of circulation at any time ("early termination) in the event that:
    1. the project or purpose listed above does not proceed as scheduled, is cancelled or postponed for any reason whatsoever;
    2. the Licensee commits a breach of the license terms and does not remedy to CBL's satisfaction such breach within five (five) days after receipt of a written notice from CBL specifying the breach; or
    3. the Licensee engages in any unauthorized uses of any CBL marks or uses the CBL logo otherwise than in accordance with the license terms and the Canadian Badlands Logo Guidelines.
13. Reversion of Rights: Upon the expiration date or the early termination of the license terms, all of the Licensee's rights hereunder shall immediately terminate and automatically revert to CBL and the Licensee shall immediately discontinue all uses of the CBL logo. In addition, the Licensee shall cease distribution of, at the CBL's written request, shall return to CBL or destroy at its own cost all materials bearing the CBL logo which are in the Licensee's possession or are under the Licensee's control.
14. Waivers: Any waiver by either CBL or the Licensee of a breach of any provision of the license terms shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of the license terms.

Request for a Proposed Use:

Licensee Information: