Nautilus 2009 Annual Report Download - page 105

shall comply with Nautilus Quality Standards and with all such modifications to Nautilus Quality Standards, but shall have three
(3) months to implement any such modifications to Nautilus Quality Standards unless such modifications relate to product safety,
which Buyer shall immediately implement. All uses of the Licensed Marks shall inure to the sole benefit of Nautilus. Where Buyer
deviates from past usage of a Licensed Trademark, Nautilus shall have the right to require pre-approval of any and all new proposed
usages of the Licensed Marks by Buyer, whether in advertising, promotional materials, or otherwise. Where Nautilus requires prior
approval, Nautilus shall have a review period of twenty-one (21) days from the receipt by Nautilus from Buyer of advertising and/or
promotional materials submitted for approval by Buyer to either approve or deny approval of such materials. If Written Notice of the
approval or denial of approval of such materials is not provided to Buyer before the end of the twenty-
one (21) day review period, the
submitted materials shall be deemed approved. Any Written Notice denying approval of the submitted materials shall provide the
reasons for the disapproval and the disapproved materials shall not be used by Buyer. Buyer may correct and resubmit any
disapproved materials for approval, which submission will restart the twenty-one (21) day review period. Any disagreement by the
Parties as to whether materials should be approved shall be subject to the dispute resolution procedures, including mediation, of
Section 15 of this License. All such uses of Licensed Marks must be in accordance with Nautilus Trademark Usage Guidelines of
Schedule F, as modified by Nautilus from time to time. Nautilus hereby approves usage of Licensed Marks that strictly comply with
the then current version of the Nautilus Trademark Usage Guidelines.
C. No Challenges to Licensed Marks. Buyer shall not in any way challenge or interfere with Nautilus’ rights in the Licensed Marks
or assist anyone else in doing so. Buyer shall not register or attempt to register any of the Licensed Marks or any confusingly similar
marks in any country.
D. Disputed Marks. If: (i) Nautilus determines that one or more of the Licensed Marks poses a significant risk of infringing the rights
of a third party in a country; or (ii) Nautilus receives a letter from a third party asserting rights in one or more of the Licensed Marks
in a country (any mark falling into 4.D. (i) and/or 4.D. (ii) shall hereinafter be called a Disputed Licensed Mark), then Nautilus shall
have the option to
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