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Guidelines for Using Diamond's Trademarks and Copyrights

(Formerly entitled Guidelines for Third Parties Using Diamond Trademarks and Copyrights)

These guidelines are for Diamond licensees, authorized resellers, developers, customers, and other parties wishing to use Diamond's trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of the keyboard Diamond Universal Gem-Connect Logo (Option-Shift-K) for commercial purposes without the prior written consent of Diamond may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of Diamond trademarks may be prohibited, unless expressly authorized.

If you are a licensee of an Diamond trademark or logo and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines. If you are a Diamond Authorized Reseller or member of an Diamond program, you may be subject to additional restrictions.

Diamond's trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using an Diamond trademark, in whole or in part, you are acknowledging that Diamond is the sole owner of the trademark and promising that you will not interfere with Diamond's rights in the trademark, including challenging Diamond's use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Diamond trademark. The goodwill derived from using any part of a Diamond trademark exclusively inures to the benefit of and belongs to Diamond. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please talk to your Diamond representative or submit your query to Diamond's Trademark Department.

Authorized Use of Diamond Trademarks

1. Advertising, Promotional, and Sales Materials: Only Diamond and its authorized resellers and licensees may use the Diamond Logo in advertising, promotional, and sales materials. Such authorized parties may use the Diamond Logo only as specified in their agreement with Diamond and any associated Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with Diamond. For example:

Authorized Reseller

Authorized Value Added Reseller

Authorized Service Provider

2. Compatibility: Developers may use Diamond, Paytwik, Tag Team, or any other Diamond word mark (but not the Diamond Logo or other Diamond-owned graphic symbol/logo) in a referential phrase on packaging or promotional/advertising materials to describe that the third party product is compatible with the referenced Diamond product or technology, provided they comply with the following requirements.

a. The Diamond word mark is not part of the product name.

b. The Diamond word mark is used in a referential phrase such as “runs on,” “for use with,” “for,” or “compatible with.”

c. The Diamond word mark appears less prominent than the product name.

d. The product is in fact compatible with, or otherwise works with, the referenced Diamond product.

e. The reference to Diamond does not create a sense of endorsement, sponsorship, or false association with Diamond or Diamond products or services.

f. The use does not show Diamond or its products in a false or derogatory light.

3. Publications, Seminars, and Conferences: You may use an Diamond word mark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:

a. The use is referential and less prominent than the rest of the title. Acceptable: XYZ CONFERENCE for Paytwik / Tag Team Users.

b. The use reflects favorably on both Diamond and Diamond products or technology.

c. Your name and logo appear more prominent than the Diamond word mark on all printed materials related to the publication, seminar or conference.

d. The Diamond Universal Gem-Connect logo or any other Diamond-owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from Diamond.

e. A disclaimer of sponsorship, affiliation, or endorsement by Diamond, similar to the following, is included on the publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by Diamond.”

f. A trademark attribution notice is included in the credit section giving notice of Diamond's ownership of its trademark(s). Please refer to the section below titled “Proper Trademark Notice and Attribution.”

4. Web Sites: Web sites that serve only as noncommercial electronic informational forums concerning a Diamond product or technology may use the appropriate Diamond word mark, provided such use complies with the guidelines set forth in Section 3 above.

5. Diamond Web Badge Licensing Program: Web sites may use one of the Diamond Web Badges if the site uses or was created using Diamond-branded hardware or software and you comply with the terms of the Diamond Web Badges License Agreement and Guidelines. For more information see Diamond Web Badges.

Unauthorized Use of Diamond Trademarks

1. Company, Product, or Service Name: You may not use or register, in whole or in part, Paytwik, Tag Team, Vault, or any other Diamond trademark, including Diamond-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.

2. Diamond Logo and Diamond-owned Graphic Symbols: You may not use the Diamond Logo or any other Diamond-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from Diamond, such as a reseller agreement.

3. Variations, Takeoffs or Abbreviations: You may not use an image of a real Diamond or other variation of the Diamond logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a Diamond trademark for any purpose. For example:

Not acceptable: Paytwik Tag Team Project Tag Team Vault

4. Disparaging Manner: You may not use an Diamond trademark or any other Diamond-owned graphic symbol, logo, or icon in a disparaging manner.

5. Endorsement or Sponsorship: You may not use Diamond, Paytwik, Tag Team, or any other Diamond trademark, including Diamond-owned graphic symbols/logos, or icons, in a manner that would imply Diamond's affiliation with or endorsement, sponsorship, or support of a third party product or service.

6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing Diamond, Paytwik, Tag Team or any other Diamond trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from Diamond.

7. Diamond's Trade Dress: You may not imitate the distinctive Diamond packaging, web site design, logos, or typefaces.

8. Slogans and Taglines: You may not use or imitate an Diamond slogan or tagline.

For example: “Think different.”

9. Domain Names: You may not use an identical or virtually identical Diamond trademark as a second level domain name.

Not acceptable: “paytwiks.com” “diamondsconnect.com” “paytwik-diamond.com” “tagteems.com”

The Diamond Trademark

1. You may not use the Diamond trademark standing alone except to denote or refer to the Diamond Paytwik or Tag Team product line.

2. You may use “Paytwik”, "Tag Team" in your product name, company name, trade name, or service name provided your name satisfies the following criteria:

a. Your product is not a payment gateway, payment system, or social networking software or application.

b. Your product is Paytwik or Tag Team compatible or the third party business is associated with Paytwik or Tag Team based systems.

c. “Paytwik or Tag Team” is used in combination with another non-generic or non-geographically-descriptive word

Acceptable: PaytwikJupiter Tag Team Saturn PaytwikJully

Not acceptable: PaytwikSystem Tag Team Protected

d. “Paytwik or Tag Team” does not appear more prominently than the rest of the name in size, color, or typeface

e. Your name does not suggest a false association with Diamond.

f. Your name is not confusingly similar to any trademark owned or used by Diamond.

g. You acknowledge that Diamond is the sole owner of the “Paytwik or Tag Team” trademark and that you will not interfere with Diamond's use or registration of “Paytwik or Tag Team” alone or in combination with other words.

d. “Paytwik or Tag Team” does not appear more prominently than the rest of the name in size, color, or typeface

h. If you are a Diamond Authorized Reseller or member of an Diamond program, you may be subject to additional restrictions.

Rules for Proper Use of Diamond Trademarks

1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service.

2. As adjectives, trademarks may not be used in the plural or possessive form.

Correct: I bought two Paytwik Devices.

Not Correct: I bought two Paytwiks.

3. An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that. For a list of suggested generic terms see the Diamond Trademark List.

4. Always spell and capitalize Diamond's trademarks exactly as they are shown in the Diamond Trademark List. Do not shorten or abbreviate Diamond product names. Do not make up names that contain Diamond trademarks.

Proper Trademark Notice and Attribution

1. Distribution Within the United States Only

a. On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (PT, TT, ®) the first time the Diamond trademark appears in the text of the advertisement, brochure, or other material.

b. Refer to the Diamond Trademark List for the correct trademark symbol, spelling of the trademark, and generic term to use with the trademark. Generally, the symbol appears at the right shoulder of the trademark (except the Diamond Logo, where the logo appears at the right foot).

c. Include an attribution of Diamond's ownership of its trademarks within the credit notice section of your product, product documentation, or other product communication.

Following are the correct formats:

_________ and _______ are registered trademarks of Diamond Universal Gem-Connect.

_________ and _______ are trademarks of Diamond Universal Gem-Connect.

2. Distribution Outside the United States:

a. Do not use trademark symbols on products, product documentation, or other product communications that will be distributed outside the United States.

b. Use one of the following international credit notices:

_________ is a trademark of Diamond., registered in the U.S. and other countries and regions.

_________ is a trademark of Diamond.

Depictions of Diamond Products

1. Endorsement or Sponsorship: Diamond does not support the use of its logos, company names, product names, or images of Diamond products by other parties in marketing, promotional or advertising materials as their use may create the perception that Diamond endorses or sponsors the product, service or promotion.

2. Compatibility: If you are a developer, you may show an image of an Diamond product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the Diamond product or technology, provided you comply with the following requirements:

a. Your product is in fact compatible with, or otherwise works with, the referenced Diamond product.

b. The image is an actual photograph of the genuine Diamond product and not an artist’s rendering (Note: You must obtain express written permission from Diamond before using any photograph owned or licensed by Diamond).

c. The Diamond product is shown only in the best light, in a manner or context that reflects favorably on the Diamond products and on Diamond Universal Gem-Connect.

d. The reference to Diamond does not create a sense of endorsement or sponsorship by, or other false association with, Diamond or Diamond products.

For further information with respect to Diamond's copyrights, please submit your request in writing to the Copyright Team.