01-28-2015, 04:40 PM
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Confirmed User
Industry Role:
Join Date: Oct 2013
Location: Canada
Posts: 866
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Mindgeek - Important Compliance Notice: Domain Infringement/Cybersquatting
Quote:
To All Affiliates:
It has recently come to our attention that some affiliates have been
registering and using domain names containing MindGeek?s trademarks, or
variations thereof, without MindGeek?s knowledge, authorization or
permission.
We greatly value our business relationships with you. However, we are
writing to remind you that MindGeek?s affiliates are strictly prohibited
from using MindGeek?s trademarks, or any marks, names, or domain names
that are confusingly similar to MindGeek?s trademarks. Such use violates
the Affiliate Terms and Conditions Agreement, which provides among
others:
?acquiring any domain names or URL?s that incorporate or are
confusingly similar to any of JuggCash?s trademarks,
service marks, or URLs including, but not limited to words or URLs
such as brazzers.com or any other related trademarks,
service marks, or URLs as determined by JuggCash, in
its sole discretion from time to time is expressly prohibited. In the
event that you do not comply with this notice JuggCash
shall be entitled to reduce or cease the payout or payment amount
otherwise due to Affiliate accordingly[.]?
Additionally, using MindGeek?s trademarks (or confusingly similar marks
or domain names) violates MindGeek?s intellectual property rights and may
violate U.S. federal laws prohibiting trademark infringement
(15 U.S.C. § 1114) and cybersquatting or ?typosquatting?
(15 U.S.C. § 1125(d)). For clarification, ?confusingly similar? means
URLs or domain names that incorporate portions of MindGeek marks, contain
common misspellings of MindGeek marks, or otherwise could mislead a
consumer into believing that the website is a MindGeek website.
As you can understand, MindGeek?s trademarks are among its most valuable
assets, and MindGeek must retain strict control over the use of its
trademarks in any manner. Accordingly, while we hope that it will not be
necessary, you should be aware that MindGeek will enforce its trademark
rights if it is required to do so, including but not limited to by ceasing
payment under the Affiliate Terms and Conditions Agreement as quoted
above thereby revoking the affiliate?s status and terminating its account
(pursuant to Paragraph 21 of the Affiliate Terms and Conditions
Agreement), initiating Uniform Domain Name Dispute Resolution Policy
(?UDRP?) proceedings, or filing litigation.
If you have registered or are using a URL or domain name that uses or
incorporates a MindGeek trademark we may give you the right to continue
operating such domain in accordance with an executed Domain Name License
Agreement and provided that you comply with the rules and infringement
guidelines applicable thereof.
In the meantime, should you have any questions, we ask that you please
contact us at [email protected]
We look forward to continue our business relationship with you while
complying with the above rights and obligations and we thank you in
advance for your cooperation.
--
JuggCash Team
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In case some affiliates didn't get it. |
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