Terms of Service for Tridel-branded Condominium Projects

Project: AQUABELLA

Overview:

The following are the terms and conditions (the “Terms”) under which Tridel Corporation (“Tridel”) and the particular Declarant (the “Declarant“) of the condominium project referred to above (the “Project”) will allow you to use the various trademarks, trade-names, graphics, logos, taglines, photographs/images (including those relating to suites, amenities, and other features of the Project), computer-generated renderings (including building shots with building renderings, building renderings, and amenity renderings), floor plans, architectural plans, suite designs (collectively, the “Intellectual Property”) that have been or may have been made available to you.

The Intellectual Property includes trademarks (registered or unregistered) of Tridel and/or the Declarant, as well as trademarks of other entities that are used under license by either or both of the foregoing (the “Trademarks”). The Intellectual Property is proprietary to Tridel and/or the Declarant and/or of other entities used by Tridel and/or the Declarant under license, and are protected under applicable copyright, trademark, trade secrets, or other intellectual property laws.

By clicking the ‘I Have Read and Accept the Foregoing Terms’ button at the conclusion of the Terms, and/or by your use of any of the Intellectual Property in any manner whatsoever, you agree to be bound by all the Terms set forth herein, as they may be amended, from time to time at Tridel’s sole discretion, upon notice by electronic communication to you or by posting such amendments on this website. If you do not agree to any revisions to the Terms, you must immediately discontinue use of the Intellectual Property.

You hereby covenant and agree as follows:

  1. Use of the Trademarks TRIDEL, TRIDEL and design, TRIDEL BUILT FOR LIFE and design, and BUILT GREEN. BUILT FOR LIFE and design shall be marked by the symbol “®” in superscript. Use of the Trademarks containing the Project name and/or associated logo(s) and/or associated taglines shall be marked by the symbol “™” in superscript.

  2. Any website and/or printed materials posted and/or published by you or on your behalf that displays any of the Intellectual Property shall contain the following wording on the homepage of the website(s) or located in a prominent position on printed materials, as the case may be, all to the satisfaction of Tridel and the Declarant:

  3. You are granted a non-exclusive right and license to use the Intellectual Property solely in connection with the Project in order to facilitate sales of condominium units thereof, in your capacity as a real estate brokerage/agency, and for no other purpose and you have no ownership rights to any of same. Such use may be by way of an online website, social media platform and/or account, and/or print materials in accordance with the Terms contained herein. You have no right to the use in any way of any other intellectual property of Tridel, the Declarant or otherwise pertaining to the Project, other than as has been made specifically available to you by Tridel and/or the Declarant in connection with your efforts to sell condominium units within the Project in your capacity as a real estate brokerage/agency.

  4. You are not entitled to the use of any of the Intellectual Property in any way that would (or could) cause (as determined by Tridel in its sole discretion) the impression that your services are somehow sponsored, endorsed, affiliated with, or otherwise emanating from Tridel and/or the Declarant or any of their related or affiliated parties, or that you/your brokerage/agency has a preferential relationship with Tridel and/or the Declarant. This includes, without limitation, the use of any domain name, social media platform and/or account, electronic address, and/or advertisement that would (or could) cause (as determined by Tridel in its sole discretion) the impression that your services are somehow sponsored, endorsed, affiliated with, or otherwise emanating from Tridel and/or the Declarant or any of their related or affiliated parties. You shall clearly identify yourself/your brokerage/agency on all websites, social media platforms and/or accounts, online advertisements, and printed materials published by you or on your behalf. Without limitation, no domain name, social media platform and/or account name may contain the word “Tridel” or the name of the Project, a derivative or variation thereof or any word(s)/name(s) similar thereto.

  5. You are not entitled to the use of any of the Intellectual Property in any way that would (or could) alter (as determined by Tridel in its sole discretion) the exact form of same provided to you. You agree not to modify any of the Intellectual Property in any way that would (or could) be construed as a misrepresentation of fact. You agree not to modify any of the Trademarks, including, without limitation, deleting or adding some other word, mark, or design element to any of same so as to form a new mark. You agree to report immediately to Tridel any infringement of, imitation of, or challenge to the Trademarks upon you becoming aware of same.

  6. Tridel and/or the Declarant shall have the right to inspect your use of the Intellectual Property and to ensure your continued compliance with the Terms. You shall comply with any reasonable instructions provided to you by Tridel and/or the Declarant from time to time concerning the manner of use, style, and display of each of the Intellectual Property.

  7. Tridel and/or the Declarant shall have the right to require that you discontinue the use of any and/or all of the Intellectual Property at any time for any reason, including, without limitation, should either of them determine in its/their discretion that your use of same is contrary to the Terms contained herein or is being used in such a way so as to deteriorate and/or otherwise adversely affect the value of the goodwill associated with the Intellectual Property. Your right to use of the Intellectual Property will in no event continue following the cessation of marketing of the Project by the Declarant. You shall not take any action or knowingly fail to take any action that could impair the validity or distinctiveness of any of the Trademarks, or depreciate and/or otherwise adversely affect the value of the goodwill attaching to any of same.

  8. You may not use any of the Intellectual Property contrary to the laws, regulations, policies, and/or codes of conduct governing your brokerage/agency or otherwise governing any use of domain names, search engines, and/or social media service under which you post or otherwise display any of the Intellectual Property.

  9. Your use of any of the Intellectual Property is at your risk and is made without any representations or warranties whatsoever by Tridel, the Declarant and/or any of their respective affiliates or related persons or entities and no liability is to be assigned to any or all of the foregoing resulting in any way from your use of any of the Intellectual Property.

  10. You shall not obtain any right, title or interest in or to any of the Intellectual Property as a result of the use or display of same. If any rights in or to any of the Intellectual Property do enure to you, including without limitation, rights in or to any of the Trademarks, you agree that you shall hold such rights in trust for Tridel and/or the Declarant and shall immediately take any and all steps necessary to assign such rights to Tridel and/or the Declarant at no cost to the foregoing. The Terms shall be binding upon you and your successors and assigns, and shall enure to the benefit of Tridel and the Declarant and their respective successors and assigns.

  11. The rights and licence granted herein are personal to you and may not be assigned or sublicensed to any other party without the prior written consent of Tridel and the Declarant. You will not, without limitation, copy, print, publish, forward, and/or share with any other party any of the Intellectual Property that have been or may have been made available to you without the prior written consent of Tridel and the Declarant.

  12. The Terms shall be governed by the laws of Ontario. If any court of competent jurisdiction deems any provision of the Terms, as amended from time to time, to be invalid, void or unenforceable, the remaining terms and provisions of same shall remain in full force and effect.