Image and brand name release
LEG AVENUE IMAGE AND BRAND NAME RELEASE
Leg Avenue Europe grants its customers a limited license to use Leg Avenue’s photographs, product images, logo, brand name and other promotional materials (hereinafter “Materials”), subject to this release. The Materials may not be used for any purpose unless such use complies with the following terms. Use of the Materials constitutes agreement to these terms.
The Materials may only be used in connection with the advertisement or sale of authentic Leg Avenue products, obtained from authorized distributors in Europe.
The Materials may not, under any circumstances, be used:
- in any online auctions;
- in connection with all forms of advertising to the general public including, without limitation, print ads, mailings, catalogs, displays, commercials, and websites or promotions that is in violation with the minimum advised retail price*;
- in any unlawful manner, including use which defames another person or is obscene, or in any way that denigrates or tarnishes Leg Avenue, its trademarks, or its products;
- in any way that suggests an association between Leg Avenue and any other company; or
- in consumer magazines, outdoor advertising, or television commercials without prior approval of Leg Avenue’s Marketing Department.
Use of the Materials obligates the user to indemnify, defend, and hold harmless Leg Avenue Europe against any claims or liability arising from such use. This license is unilaterally revocable by Leg Avenue Europe at any time and for any reason. If Leg Avenue Europe gives notice that use of the Materials is inappropriate or unacceptable, such use must immediately cease at the user’s own cost.
By using the Materials, the user consents to injunctive relief to prevent any further breach of these terms or use of the Materials. This release is governed by the laws of the Netherlands and the prevailing party in any action to enforce its terms shall recover its attorney’s fees and costs. By using the Materials, the user agrees that the state and courts located in the Netherlands have personal jurisdiction over the user for claim arising from or related to such use and waives any right to transfer venue for forum non conveniens or any other reason. Leg Avenue Europe reserves the right to unilaterally modify the terms of this release at any time and for any reason.
* Minimum advised retail price
The minimum Retail Price is published every quarter in Leg Avenue’s official published wholesale pricelist. De retail price is also published on the personal client page after the login on the wholesale website www.legavenueeurope.com.
Effectively lowering the advertised price below the Minimum advised retail price by coupons, rebates, name-your-price, and other advertised discounting methods specific to Leg Avenue products is a violation of this policy. Leg Avenue Europe makes an exception for promotions less of equal to a maximum 15% discount of the minimum advised retail price with a maximum of 7 calendar days. The promotion has to be in the company owned retail store or on a company owned IP-address, promotions on third party is offline and online prohibited when Leg Avenue images and/or brand names and/or Logo are being used. Between every promotion there has to be at least 21 calendar days. Shipping may not be included in computing the Minimum Advised Retail Price.
Leg Avenue also recognizes that some customers reduce pricing to clear out seasonal inventory. Accordingly, From March 1st until the following July 31st each year, Halloween/Carnival items may be advertised in the owned retail store or on an owned IP-address at minus 30% without violating this policy. Clearance on a third on third party is offline and online prohibited when Leg Avenue images and/or brand names and/or Logo are being used.
The minimum advised retail price does not apply to products that Leg Avenue has identified as discontinued in Leg Avenue Europe’s official published wholesale price list.