Where Amy Gillett Foundation Pty Ltd (ABN 46 200 981 503) as trustee for the Amy Gillett Foundation (“AGF”) provides you with authority to promote awareness of its programs, it does so in accordance with the following terms and conditions (“Terms”).

 

Any activity by you which is associated with, or makes use of any logos, artwork or symbols owned by AGF will be taken to be an acceptance by you of these terms and conditions which are effective until new terms and conditions are notified to you in writing by AGF.

 

1. Obligations in relation to your campaign: You must take full responsibility for all planning, organising and management of your campaign.  Without limiting this obligation, you must:

(a) not do or permit anything to be done which is or could be detrimental to the goodwill, name or reputation of AGF; 

(b) use your best endeavours to uphold, maintain and promote the marks, image and reputation of AGF;
(c) not benefit commercially from your association with the AGF, or from the use of AGF property/IP in profit making activity;

 

2. Licence: AGF grants you a revocable, non-exclusive, non-transferable licence to use the logos, artwork or symbols owned by AGF (“Marks”) and provided to you solely in relation to your campaign.  In relation to the Marks, you must:

(a) obtain approval of AGF to all materials bearing the Marks prior to publication and distribution;

(b) act at all times to protect the value in the Marks and ensure the rights of AGF are not damaged or infringed in any way by their use; 

(c) ensure that the Marks are only applied to, or associated with, advertising or promotional material in relation to the campaign approved by AGF;

(d) observe AGF’s reasonable directions as to the disposition, manner and use of the Marks in general or in any particular instance; 

(e) not make any change to the design or content of the Marks, including resizing and colour; and

(f) not use the Marks in respect of any goods or services other than the Event.

 

3. Infringement: If you become aware of any infringement or potential infringement of the Marks you must notify AGF by giving particulars in writing of any such infringement or potential infringement and give full co-operation to AGF in respect of any action, claim or proceedings brought or threatened in respect of the Marks.

 

4. Restrictions on licence: Nothing in these Terms confers any right on you to trade under the AGF name or any name included in the Marks or any right to apply for the registration or reservation of any such names or intellectual property in the Marks.  AGF may at any time impose additional conditions on your use of the Marks.

 

5. Period: Usage rights are for 12 months commencing as at approval of campaign. I understand that the ‘a metre matters’ logo must always be accompanied by the AGF ‘Safe Together’ logo or referenced appropriately as directed by AGF.

 

6. Indemnity: You agree to indemnify and keep indemnified AGF against all costs, claims, damages, expense and liabilities of any kind incurred by AGF arising out of any breach by you of these Terms or any law, any act or omission of you, your employees, agents, contractors or representatives and any loss or damage to any person in relation to the campaign.

 

7. Termination: AGF may terminate these Terms, including the licence contained in these Terms by notice in writing to you.  Upon receipt of such a notice you must, unless otherwise authorised by AGF deliver up or destroy all material in your possession containing the Marks and not make any use of the Marks.

 

8. Privacy: All information provided by AGF to you, or collected by you must be handled confidentially and in accordance with the Privacy Principles under the Privacy Act 1988 (Cth).  

 

9. Severance: If any part of these Terms is invalid, unenforceable, illegal, void or voidable for any reason, these Terms will be construed and be binding on the parties as if the invalid, unenforceable, illegal, void or voidable part had been deleted or read down to the extent necessary to overcome the difficulty.

 

10. Variation: No variation to these Terms will be effective unless agreed in writing by AGF.

 

11. Governing law: These Terms are to be construed in accordance with the laws of Victoria, Australia and the parties submit themselves to the jurisdiction of the courts of that State.