Guidelines for Using BioShield Services, LLC Trademarks and Copyrights

These guidelines are for BioShield Services, LLC Associate licensees, distributors, IASQ Certified Inspector Professionals, authorized resellers, developers, customers, and other parties wishing to use BioShield Services, LLC’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of XMICROBE™, IASQ™, Indoor Life™, Healthier Environment Living Program™, Healthier Verifications™ and Bars and Stars Education™ for commercial purposes without the prior written consent of BioShield Services, LLC may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of BioShield Services, LLC trademarks may be prohibited, unless expressly authorized.

If you are a licensee of an BioShield Services, LLC 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 not a BioShield Services, LLC Authorized IASQ™ Certified Inspector Professional, Distributor or member of a BioShield Services, LLC program, you may be subject to additional restrictions.

BioShield Services, LLC’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 a BioShield Services, LLC trademark, in whole or in part, you are acknowledging that BioShield Services, LLC is the sole owner of the trademark and promising that you will not interfere with BioShield Services, LLC’s rights in the trademark, including challenging BioShield Services, LLC’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 BioShield Services, LLC trademark. The goodwill derived from using any part of an BioShield Services, LLC trademark exclusively inures to the benefit of and belongs to BioShield Services, LLC. 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 BioShield Services, LLC representative or send an e-mail to BioShield Services, LLC’s Trademark Department at trademark@HealthierPrograms.com.

Authorized Use of BioShield Services, LLC Trademarks

1. Advertising, Promotional, and Sales Materials: Only BioShield Services, LLC and its authorized IASQ™ Certified Inspector Professionals and Associate licensees may use the BioShield Services, LLC Logos in advertising, promotional, and sales materials. BioShield Services, LLC Authorized IASQ™ Certified Inspector Professionals and Associate Licensees may use the BioShield Services, LLC Logo only as specified in their reseller agreement and the BioShield Services, LLC Corporate Identity Guidelines for Resellers and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their agreement with BioShield Services, LLC. For example:

Authorized Distributor

Authorized Associate Licensee

Authorized IASQ Certified Inspector Professional

Authorized Associate Master Licensee

2. Compatibility: Authorized IASQ Certified Inspector Professionals and Associate Licensees / Distributors may use XMICROBE™, IASQ™, Indoor Life™, Healthier Environment Living Program™, Healthier Verifications™ and Bars and Stars Education™ or any other BioShield Services, LLC word mark (but not the BioShield Services, LLC Logo or other BioShield Services, LLC-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 BioShield Services, LLC product or technology, provided they comply with the following requirements.

a. The BioShield Services, LLC word mark is not part of the product name.

b. The BioShield Services, LLC word mark is used in a referential phrase such as “for use with,” “for,” or “compatible with.”

c. The BioShield Services, LLC word mark appears less prominent than the product name.

d. The product is in fact compatible with, or otherwise works with, the referenced BioShield Services, LLC product.

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

f. The use does not show BioShield Services, LLC or its products in a false or derogatory light.

3. Publications, Seminars, and Conferences: You may use a BioShield Services, LLC 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: ABC CONFERENCE for IASQ™ Certified Inspector Professionals.

b. The use reflects favorably on both BioShield Services, LLC and BioShield Services, LLC products or technology.

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

d. The BioShield Services, LLC logo or any other BioShield Services, LLC-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 BioShield Services, LLC.

e. A disclaimer of sponsorship, affiliation, or endorsement by BioShield Services, LLC, 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 BioShield Services, LLC.”

f. A trademark attribution notice is included in the credit section giving notice of BioShield Services, LLC’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 BioShield Services, LLC product or technology may use the appropriate BioShield Services, LLC word mark, provided such use complies with the guidelines set forth in Section 3 above.

Unauthorized Use of BioShield Services, LLC Trademarks

1. Company, Product, or Service Name: You may not use or register, in whole or in part, BioShield Services, LLC, XMICROBE™, IASQ™, Indoor Life™, Healthier Environment Living Program™, Healthier Verifications™ and Bars and Stars Education™ or any other BioShield Services, LLC trademark, including BioShield Services, LLC-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. BioShield Services, LLC Logo and BioShield Services, LLC-owned Graphic Symbols: You may not use the BioShield Services, LLC Logo or any other BioShield Services, LLC-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 BioShield Services, LLC, such as an Associate Licensee / Distributor agreement, Authorized IASQ™ Certified Inspector Professional agreement, Associate Master Licensee agreement, Master or State Licensee agreement or Industry Specific Manager (ISM) sales agreement.

3. Variations, Takeoffs or Abbreviations: You may not use variations of the BioShield Services, LLC logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a BioShield Services, LLC trademark for any purpose. For example:

Not acceptable: IASQCORP X-MICROBE X-Microbe IASQCleveland

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

5. Endorsement or Sponsorship: You may not use BioShield Services, LLC, XMICROBE™, IASQ™, Indoor Life™, Healthier Environment Living Program™, Healthier Verifications™ and Bars and Stars Education™ or any other BioShield Services, LLC trademark, including BioShield Services, LLC-owned graphic symbols/logos, or icons, in a manner that would imply BioShield Services, LLC’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 BioShield Services, LLC, XMICROBE™, IASQ™, Indoor Life™, Healthier Environment Living Program™, Healthier Verifications™ and Bars and Stars Education™ or any other BioShield Services, LLC trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from BioShield Services, LLC.

7. BioShield Services, LLC’s Trade Dress: You may not imitate the distinctive BioShield Services, LLC packaging, web site design, logos, or typefaces.

8. Slogans and Taglines: You may not use or imitate a BioShield Services, LLC slogan or tagline.

For example: “It's Better Than Clean.” or "We Get the Bugs You Can't See"

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

Not acceptable: “xmicrobegermprotection.com” “iasqcertified.com”

Rules for Proper Use of BioShield Services, LLC 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 am an IASQ™ Certified Inspector Professional.

Not Correct: I am an IASQ™.

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

Proper Trademark Notice and Attribution

1. Distribution Within the United States and Designated Licensed Countries Only

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

b. Refer to the BioShield Services, LLC Trademark List for the correct trademark symbol, spelling of the trademark, and generic term to use with the trademark. Generaly, the symbol appears at the right shoulder of the trademark.

c. Include an attribution of BioShield Services, LLC’s ownership of its trademarks within the credit notice section of your product or service, product or service documentation, or other product or service communication.

Following are the correct formats:

_________ and _______ are registered trademarks of BioShield Services, LLC.

_________ and _______ are trademarks of BioShield Services, LLC.

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 BioShield Services, LLC, registered in the U.S. and other countries.

_________ is a trademark of BioShield Services, LLC.

Depictions of BioShield Services, LLC Products

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

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

a. Your product is in fact compatible with, or otherwise works with, the referenced BioShield Services, LLC product.

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

c. The BioShield Services, LLC product is shown only in the best light, in a manner or context that reflects favorably on the BioShield Services, LLC products and on BioShield Services, LLC.

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

For further information with respect to BioShield Services, LLC’s copyrights, send an email to copyright@HealthierPrograms.com or fax to BioShield Services, LLC Rights & Permissions 775-665-8495.

Updated June 21, 2010 by the BioShield Services, LLC Legal Team - trademarks@HealthierPrograms.com