LearningMethods
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Trademark Licence Agreement
for LearningMethods Teachers |
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Teachers:
pay your annual
Trademark Licence
fee
on-line now.
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This Licence Agreement must be signed by all certificated LearningMethods Teachers in order for
them to call themselves a LearningMethods Teacher and have the legal right to use the trademarked LearningMethods name and logos
and Patterns of Being name and logo to promote their work. It is
renewable each 2 years subject to an assessment of the teacher's work during that period.
Below is the complete text of the Teacher Trademark Licence Agreement.
Licence last updated 25 February, 2009
Download information:
Available in A4 (European size) and in Letter (8.5" x 11", North American size).
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Trade Mark Licence Agreement
(last revised 26 February, 2009)
THIS LICENCE AGREEMENT is made on
BETWEEN:
(1) DAVID A.
GORMAN (the
"Licensor"); and
(2)
(the "Licensee").
WHEREAS:
(A) The Licensor is the owner of the trade marks listed in Schedule 1 (hereinafter “the Trade Marks”).
(B) The Licensee being certificated as eligible to become a LearningMethods teacher desires to teach and
market the LearningMethods and Patterns of Being work (hereinafter “the Work”) under the Trade Marks and the Licensor
has agreed to permit the Licensee to do so on the terms set out in this agreement.
IN CONSIDERATION of the respective rights, duties and obligations hereby conferred and accepted and
intending to be legally bound the parties agree as follows:
1. The Licensor hereby grants authority to the Licensee to the non-exclusive use of the Trade Marks
anywhere in the world (hereinafter “the Territory”) upon or in relation to the Work provided by the Licensee.
2. The Licensee undertakes:
2.1 to use the Trade Marks in relation only to the Work including any use of the Trade Marks in the
name of any Internet web domain or address owned by Licensee;
2.2 to use the Trade Marks in relation to the Work in strict accordance with the reasonable standards
of quality, specifications, directions and information given by the Licensor from time to time;
2.3 to not change the proportions of any of the graphic logos nor the colour scheme of the colour
version of the LearningMethods graphic logo though the colour or tint of the monotone graphic logos may
changed;
2.5 to permit the Licensor or its authorised representative at all reasonable times to witness the
Licensee's teaching of the Work either in an in-person format or by audio and/or video recording with the format
for witnessing the teaching being decided by Licensor;
2.6 when called upon by the Licensor to do so to submit samples of any Internet web site or
promotional or marketing material about the Work for the inspection of the Licensor.
3. If the Work does not in the opinion of the Licensor conform in any respect with the requirements of
the Licensor given under Clause 2 the Licensor shall so inform the Licensee and the Licensee shall not thereafter use
the Trade Marks in relation to the Work so failing to conform.
4. In any use of the Trade Marks in relation to the Work including on packaging or Internet web addresses
or Internet web sites and in any advertising or other promotional material the Licensee shall acknowledge the Trade
Marks as being trade marks of the Licensor.
5. It is hereby acknowledged that all goodwill in the business of the Work pertaining to the Trade Marks
and which shall have accrued only by reason of the use of the Trade Marks by the Licensee shall be deemed to be the
absolute property of the Licensor and the Licensee shall at the request and expense of the Licensor do all such acts
and things (including the execution of any documents) necessary to perfect the title of the Licensor to such
goodwill.
6. It is hereby acknowledged that the Licensor or its authorised representative has the sole authority to
train and grant certification to teachers of the Work and Licensee shall neither attempt to train any individuals as
teachers of the Work nor claim in any way to be a trainer of teachers of the Work.
7. This Agreement shall continue in force from the date of this Agreement until the next February 1st and
then for a further period of two years and shall be renewable for further two year periods until or unless terminated
by the Licensor by giving 30 days notice in writing to that effect to the Licensee and upon such termination the
Licensee will not thereafter make any use of the Trade Marks and shall consent to cancellation of any recordal of
this Licence and shall execute any documents necessary for that purpose.
8. In consideration for the rights granted under clause 1 the Licensee shall pay to the Proprietor
Licensor an annual fee (hereinafter “the Licence Fee”) the amount of which shall be set each year by the Licensor and
be payable as follows:
8.1 the first payment is due on the date of this Agreement as that fraction of the Licence Fee
calculated to the nearest day proportional to how much of the year is remaining before the next February 1st,
8.2 followed by two subsequent payments due at yearly intervals on February 1st to cover the
remaining years of the present term of the Licence. At the discretion of the Licensor there may be an additional
penalty fee for late payment.
9. The Licence shall also be terminated on the January 31st following the last payment of the annual
Licence Fee if the Licensee:
9.1 has given written notice to the Licensor at any point prior to this date of his or her intention
to not renew the Licence or;
9.2 has not paid the annual Licence Fee within 30 days after the February 1st due date and upon such
termination the Licensee will not thereafter make any use of the Trade Marks and shall consent to cancellation of
any recordal of this Licence and shall execute any documents necessary for that purpose.
10. If this Agreement lapses for any reason and the Licensee wishes to reinstate it a new Licence may be
issued at the discretion of the Licensor. As a precondition to reinstating the Licence the Licensor or its authorised
representative may demand to witness the Licensee's teaching of the Work as set out under Clause 2.3 of this
Agreement. Any such new Licence shall begin with a two year term commencing the previous February 1st with the first
year fee of the reinstated Licence being equal to the current annual Licence Fee in force at that time.
11. Licensor may change the terms of this Agreement and any changes will take effect on the next February
1st and be binding on all current Licensees. A copy of the current Agreement in force will be sent to all Licensees
one month before the renewal date with their reminder to renew. A copy can also be viewed and printed at any time at:
www.learningmethods.com/Licences.htm.
12. This Agreement shall be governed by and construed in accordance with the Laws of England and the
parties for this purpose hereby submit to the exclusive jurisdiction of the Courts of England.
AS WITNESS the hands of the duly authorised representatives of the parties the day and year first above
written
1.
for and on behalf of the Licensor
in the presence of:
2.
for and on behalf of the Licensee
in the presence of:
SCHEDULE 1 - The Trade Marks
(The marks, filing numbers, classes and descriptions of
goods/services are subject to additions and/or change)
CLASSES |
009, 041 |
GOODS |
Class 009: Downloadable electronic publications in the nature of
e-books, audio and video recordings in the field of human anatomy/physiology, and how to solve chronic problems
(tension, pain, stress, anxiety, conflict, etc.); Electronic publications, namely, e-books, audio and video
recordings featuring human anatomy/physiology, and how to solve chronic problems (tension, pain, stress, anxiety,
conflict, etc.) recorded on computer media.
Class 041: Education services, namely, providing classes, seminars, workshops in the fields of
human anatomy/physiology, and how to solve chronic problems (tension, pain, stress, anxiety, conflict, etc.);
Providing on-line publications in the nature of Internet web pages and streaming audio & video media in the
field of human anatomy/physiology, and how to solve chronic problems (tension, pain, stress, anxiety,
conflict, etc.); Publication of texts, books, magazines and other printed matter. |
FILING NUMBERS |
USA: No. 77084246 UK: No. 2204058 |
MARK |
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Word mark:
(in any typeface) |
LearningMethods |
OTHER MARKS (same classes as above) |
Logos for
LearningMethods:
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(in colour)
(you must use these colours
or as close to them as possible)
(in greyscale or black & white)
(monotone colour or tint may be changed)
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Word mark:
(in any typeface)
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Patterns of Being |
Logos for
Patterns of Being:
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(in colour)
(you must use these colours
or as close to them as possible)
(in greyscale or black & white)
(monotone colour or tint may be changed)
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Word mark:
(in any typeface)
This is a trademark
co-licenced with
Babette Lightner |
Anatomy of Wholeness |
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Logos for Patterns of Being combined with
the
Anatomy of Wholeness name:
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(in colour)
(you must use these colours
or as close to them as possible)
(in greyscale or black & white)
(monotone colour or tint may be changed)
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