The Term of these NerdWallet 2019 Best-Of Award License and Use Guidelines (“Agreement”) is January 16, 2019 through December 31, 2019.
2019 Best-Of Awards License and Use Guidelines
WHEREAS, NerdWallet has awarded your company (“Company” or “Licensee”) a NerdWallet 2018 “Best-Of” Award for one or more financial product subcategories (the “Award”);
WHEREAS, NerdWallet has provided your company with NerdWallet Award Medals (the “Award Medals”) for your use in the promotion and advertising of the Award;
THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, Company agrees that by using the Award Medals as described herein, it agrees to the following terms:
- NerdWallet hereby grants to Licensee a non-exclusive, royalty-free, revocable, non-transferable, and non-assignable license to use the Awards Medals provided to Licensee under separate cover, in the promotion and advertising of Licensee’ receipt of the Award. As between NerdWallet and Licensee, NerdWallet retains ownership of all rights, including, but not limited to, all copyright rights, in and to the Awards Medals.
- Licensee shall not display the Awards Medals: (a) with any material that relates to violence, sex, profanity, racism, sexism, religion, gambling, pornography, abortion, or any other highly explosive subject matter or subject matter which reflects negatively on NerdWallet; (b) in any way that denigrates a competitor of Licensee; or (c) in any manner which reflects poorly on or may damage the goodwill associated with or reputation of NerdWallet.
- In each instance of use of the Awards Medals, Licensee shall include and display the following notice with the Awards Medals: ©2017-2019 and TM, NerdWallet, Inc. All Rights Reserved.
- Except as expressly provided herein, Licensee may not make any modifications to the Awards Medals (including but not limited to adding or omitting links) without NerdWallet’s written approval. For clarification purposes, Licensee may not disassociate or separately use any images that are delivered to Licensee with any item of the Awards Medals. If NerdWallet requests in writing that Licensee delete, amend or correct any item of the Awards Medals, Licensee will comply with such request within three (3) business days after Licensee’s receipt of such request.
- Licensee shall comply with all applicable laws in connection with its business operations and in connection with its publication and distribution of the Awards Medals.
- The Term of the license is from January 16, 2019 through December 31, 2019.
- Licensee may not publically refer to or announce receipt of the Best-Of Award or use the Award Metals until January 16, 2019.
- Licensee must refer to their Award using the subcategory for which they won (e.g., “Best Credit Card for Travel Rewards” not “Best Credit Card”).
- Licensee may use the Licensed Material in press releases, on their website, in print advertising, social media channels, email, direct mail, outdoor advertising and refer to it on streaming audio.
- Licensee must seek NerdWallet’s written permission to use the Awards Medals in television advertising.
- If Licensee shares an award in a particular category with another winner, both winners many refer to themselves only as “An Award Winner” or “Named an Award Winner for [product category]”. Licensee may neither state nor imply that they are the only winner in that category or subcategory.
All notices will be in writing and will be given at the intended recipient’s address set forth in the first paragraph of this Agreement or to the email address or such other address as either Party may notify in writing to the other from time to time. This Agreement constitutes the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior or contemporaneous communications, understandings and agreements, oral or written, regarding such subject matter. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the Parties, and the remainder of the Agreement will remain in full force and effect. This Agreement may be modified only in a writing signed by both Parties. The waiver or failure of either Party to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of California, without regard to its conflicts of laws rules. Any disputes under this Agreement must be brought in the state and federal courts located in San Francisco, California and the Parties hereby consent to the personal jurisdiction and venue of these courts.