General. All ‘powered by Reach Mobile’ and Reach Mobile trademarks, logos, service marks, trade dress, slogans, copyrighted designs or other brand features (collectively “Reach Mobile Brand Features”) will be used only as explicitly licensed by Reach Mobile in the Agreement and under the terms and conditions in these guidelines. To the extent these guidelines may differ with the Agreement, the specific terms of these guidelines will apply. By using the Reach Mobile Brand Features, ECHO Partner agrees to the terms and conditions in these guidelines.  

Approval. All specific uses of any Reach Mobile Brand Features must be approved in advance by Reach Mobile (email sufficing). ECHO Partner shall include complete samples of each proposed use. ECHO Partner may not use Reach Mobile Brand Features unless and until Reach Mobile has granted specific approval and any and all conditions of such approval have been fulfilled by ECHO Partner. ECHO Partner may not share the Reach Mobile Brand Features with any third party without that third party first entering into a license agreement with Reach Mobile. Repetitive use of an approved Reach Mobile Brand Feature shall not require further approval, unless notified by Reach Mobile (email sufficing).  

Appearance of Logos. ECHO Partner will ensure that the presentation of the Reach Mobile Brand Features will be consistent with Reach Mobile’s own use of the Reach Mobile Brand Features in comparable media. Reach Mobile may provide ECHO Partner or has provided ECHO Partner with written guidelines as to the size, typeface, colors, and other graphic characteristics of the Reach Mobile Brand Features, which upon delivery to ECHO Partner shall be deemed to be incorporated into these guidelines.  

Notices. All trademarks and service marks included in the Reach Mobile Brand Features may be designated with “SM”, “TM” or “®”, in the manner as may be directed by Reach Mobile.  

Restrictions upon Use. The Reach Mobile Brand Features will not be presented or used: a) in a manner that suggests that editorial content has been authored or endorsed by, or represents the views or opinions of, Reach Mobile or any Reach Mobile personnel or affiliate; b) in a manner that is misleading, defamatory, libelous, obscene, infringing or otherwise objectionable; c) in connection with any material that infringes the trademark, copyright or any other rights of any third party; d) as part of a name of a product or service of a company other than Reach Mobile, if such use is not approved by Reach Mobile; or e) in a manner that infringes, derogates, dilutes, or impairs the rights of Reach Mobile in the Reach Mobile Brand Features (including, but not limited to, political content, unsolicited marketing emails, and adult content). Reach Mobile shall have complete discretion to evaluate ECHO Partner’s use and to decide whether that use violates any of the foregoing restrictions.  

Use for Reach Mobile’s Benefit. Reach Mobile reserves the right to change the appearance of the Reach Mobile Brand Features at any time without notice, provided Reach Mobile shall use commercially reasonable efforts to provide as much notice to ECHO Partner as is reasonably practicable. Any use of the Reach Mobile Brand Features shall inure to the benefit of Reach Mobile. By using the Reach Mobile Brand Features pursuant to Reach Mobile’s approval, ECHO Partner acknowledges Reach Mobile’s ownership of all Reach Mobile Brand Features and warrant that ECHO Partner will not take any action which is inconsistent with Reach Mobile’s ownership.  

Nonexclusive Remedy. ECHO Partner will make any changes to the use of the Reach Mobile Brand Features as are reasonably requested by Reach Mobile. This remedy is in addition to any other legal remedies to which Reach Mobile may be entitled in relation to ECHO Partner’s use of Reach Mobile Brand Features pursuant to the Agreement.