K MEMBERSHIP DOS AND DON'TS

 

K MEMBERSHIP DOS AND DON'TS

1. Use the business name, trade name and/or trademark of a facility where your KpopX® class or approved event is being held, so long as your use is subordinate to the Marks and is permitted by the facility (Section 2.2).

2. Use the Marks only in the forms shown in the exhibits to the Agreement, including adhering to the colors, fonts, stylization, proportionality and other elements of the Marks (Section 4).

3. Use the appropriate trademark symbol (®) with each use of a Mark (e.g. KpopX® Fitness, KpopX® Lite, KpopX® Kids, KpopX® Family Bonding) (Section 4).

4. Use the following “used under license” language on all materials which bear the Marks (Section 4.1): KpopX®, [insert other Marks, i.e., KpopX® Fitness] and the KpopX Fitness logos are trademarks of KpopX Fitness, used under license.

5. Teach your KpopX® classes in accordance with how you were taught to teach the KpopX® program in your instructor training course .

6. Comply with applicable laws, regulations and ordinances in the country, state and locality in which you teach KpopX® classes and obtain all appropriate government approvals pertaining to marketing, advertising, or providing services (e.g., music licensing; liability waivers; professional liability insurance; fitness certifications; background checks) (Section 4.3).

7. Use the Marks on flyers, posters, emails and other printed materials whose sole purpose is to promote your KpopX® classes or approved events (Section 4.4).

8. Use “KpopX” or one or more of the KpopX Specialty Trademarks, for which you are licensed, as part of your email address so long as you use such email address solely for the promotion of your KpopX® classes and approved, related KpopX® activities (Section 4.5).

9. Use “KpopX” or one or more of the KpopX Specialty Trademarks, for which you are licensed, as part of your domain name for a website that promotes only your KpopX® classes, approved events and related. If requested by KpopX, you must transfer any domain name to KpopX that includes “KpopX” or one or more of the KpopX Specialty Trademarks (Section 4.6(b)).

10. Identify yourself in the Whois listing as the Registrant of a domain name you use that contains the Marks

11. Use the Marks on a website, including blogs and social media sites, to promote your KpopX® classes and approved events under the following guidelines

a. Include a link on the home page of your website to kpopxfitness.com

c. Never use any music on your website unless you have an appropriate license (Section 4.7(c)).

d. Include your name in the title of any social media page(s) incorporating one or more of the Marks. In the case of group pages, all Instructors must be Kmembers and must be identified on the page (Section 4.7(f)).

12. Use the Marks in radio or television advertising with KpopX’s prior approval (Section 4.8).

13. Promote your KpopX® classes or approved events through live or print news coverage, or through any mainstream news organization or print publisher. In the event of such promotion, you must inform the news organization or publisher of KpopX’s brand use guidelines. With respect to live news coverage, such coverage must not include more than ten minutes of a KpopX® class, approved event or a KpopX® exercise routine (Section 4.8).

14. Use the Marks in connection with the resale of genuine KpopX® products purchased from KpopX or an authorized distributor, so long as such sales are subordinate to your KpopX® classes or approved events. You may resell original KpopX® products on online trade boards, provided you identify yourself in such listings. Never sell KpopX® products outside of the territory where those products were purchased (e.g., products purchased in the U.S. must be resold in the U.S. and not sold outside the U.S.) (Section 4.9).

15. Use the Marks to conduct KpopX® classes or events in connection with fund raising activities for charitable or other worthy causes that KpopX approves (e.g., such an event can be identified as a KpopX® Class Fundraiser, KpopXthon® Charity Event, KpopXthon® Event, etc.) (Section 4.11).

16. Use the Marks in connection with trade shows and KpopX® classes for college credit (KpopX’s prior approval is required) (Section 4.11).

17. Notify KpopX of any unauthorized use of the Marks for which you become aware (Section 8).

1. Never use the Marks in a way that implies an association or affiliation with a third party (Section 2.2).

2. Never dilute or disparage KpopX or the Marks (Section 2.3) or take any action inconsistent with KpopX’s ownership of the Marks (e.g., never register any trademark incorporating “KpopX” or any of the Marks) (Section 2.4).

3. Never sell, offer for sale, advertise or promote any competing goods or services under a domain name containing the Marks (Section 4.6(a)).

4. Never register or use a domain name containing “KpopX” and the name of a country (e.g., KpopXaustralia.com or KpopX-brazil.co.br) without KpopX’s approval (Section 4.6(d)).

5. Never use any Marks as AdWords, paid search, keywords or otherwise for search engine optimization or for creating “sponsored links” (Section 4.7(e)).

6. Never use KpopX’s Fitness-ConcertTM trademark (Section 4.10).

7. Never use the Marks to promote any workshop, training, instruction, choreography session, or other activity except your own KpopX® classes or approved events (Section 5).

8. Never use the Marks to identify a gym, workout facility, business or trade name, or any other type of facility, program or product without KpopX’s prior approval (Section 5).

9. Never modify the Marks (e.g., do not (i) refer to a class as, for example, “KpopX Core”, “KpopX Glutes”, or “KpopX Warrior”; or (ii) change the spelling of the Marks, such as, for example, using the phrases “KpopXrific” or “KpopX-mania”) (Section 5.1).

10. Never use the Marks as a business or trade name (e.g., do not call a business “KpopX Club”, “KpopX Studio”, or “KpopX Fitness Center”) (Section 5.2).

11. Never use the Marks as verbs or nouns (e.g., “I Love to KpopX”, “Once you KpopX, you’ll be hooked” or “My gym offers KpopX”). Instead, always use the Marks as adjectives (e.g., “I Love the KpopX® program”, “Once you attend a KpopX® class, you’ll be hooked” or “My gym offers KpopX® classes”) (Section 5.3).

12. Never use the Marks as titles to newsletters or publications (Section 5.4).

13. Never manufacture, create, offer for sale or sell any merchandise, including apparel, accessories, CDs, DVDs or promotional items, bearing the Marks or any names, designs or logos similar to the Marks. You may modify and/or repurpose any official KpopX® products for your personal use only. Never offer for sale, sell, or distribute modified and repurposed KpopX® products (Section 5.5).

14. Never copy, duplicate, sell, distribute, upload, stream or otherwise disseminate any Kmember materials (Section 5.6).

15. Never play the Kmember videos as part of a class or publicly perform any KpopX® video, including of your own classes (Section 5.6).

16. Never film, record, stream live video, create DVDs or reproduce in any manner KpopX® classes, or otherwise imitate KpopX®/Kmember choreography or music (Section 5.7).

17. Never use the Marks in connection with a mobile application, including in the title, icon and content of the application (Section 5.8).