MONITORING & ENFORCEMENT SERVICES
1. Term of this Order
The term of this Order shall commence upon the date hereof and shall continue for one (1) year (the “Initial Term”). The Initial Term will automatically renew for this Agreement for one (1) year periods (each a “Renewal Term”) unless either Party terminates the Agreement by providing thirty (30) days written notice prior to the end of the Initial Term or then-current Renewal Term (the Initial Term and any Renewal Term(s) shall constitute the “Term”).
2. Specific Terms for Monitoring and Enforcement Services
Brandsec shall provide the Monitoring and Enforcement services, including enforcement of the Customer’s intellectual property rights to the Customer in accordance with the terms and conditions set forth as follows.
3. Payment Terms
Depending on whether the Customer has elected to (i) sign up for a Monitoring or Enforcement Service as a package with Brandsec, or (ii) have Brandsec provide Monitoring and Enforcement Services to the Customer on as-requested basis. The payment terms will be specified in the Order.
4.1 Except for Brandsec’s gross negligence or wilful misconduct, Brandsec will not be liable and does not guarantee that:
4.2 monitoring results provided as part of the Services will be accurate, complete, or current;
4.3 third parties will not have rights in certain domain name(s), trademarks, content, listings, and/or mobile apps, as applicable, identified in the monitoring results provided to client; or
4.4 for social media username registration services, Brandsec will be able to successfully complete the registration of client’s requested brand(s) across all social media sites.
4.5 Except for Brandsec’s, or that its appointed agents’ contractors’ and assigns’, gross negligence or wilful misconduct, Brandsec will not be liable and does not guarantee:
4.6 Information provided to the Customer is accurate, complete, or current;
4.7 Brandsec will be able to successfully recover domain name(s) or remove infringing or abusive content requested by the Customer;
4.8 Infringing or abusive content removed at the request of the Customer will not re-emerge;
4.9 The removal of content, listings, or websites will not violate the rights of any third party;
4.10 Domain name(s) that the Customer recovers or acquires will not infringe on the intellectual property rights of any third party; or
4.11 completion times for requested enforcement action(s).
4.12 Brandsec provides the Monitoring and Enforcement Services at the Customer’s express request and direction. These Monitoring and Enforcement Services are not to be construed as conveying the Customers legal rights against a third party.
4.13 Customer’s intellectual property rights do not guarantee that Brandsec will be able take enforcement action upon the Customer’s request, and Brandsec reserves the right to decline any such request at its sole discretion.
4.14 For Brandsec’s domain acquisition services, Brandsec does not guarantee a successful outcome.
4.15 For Brandsec’s Enforcement Services (Cease and Desist / UDRP / DRP / URS / domain name suspension / content suspension and other services as applicable), Brandsec does not guarantee a successful outcome.
4.16 Furthermore, the Customer must sign and return the Letter of Authority (LOA). The LOA shall remain in effect until the Customer provides Brandsec with notice of termination of this LOA, or until Brandsec or the Customer has terminated the service(s) to which this LOA applies.
5.1 Customer Instruction and Indemnification: Brandsec shall only act upon the instructions provided by the Customer regarding the suspension of domain names, removal of infringing websites, email takedowns, and policy takedowns of Social Media accounts. The Customer agrees to indemnify, defend, and hold harmless Brandsec, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses resulting directly from actions taken by the Service Brandsec based on the Customer’s instructions.
5.2 No Liability for Customer’s Instructions: Brandsec shall not be held liable for any consequences, damages, losses, costs, or expenses incurred as a result of acting upon the Customer’s instructions, including but not limited to suspension of domain names, removal of websites, email takedowns, or policy takedowns of Social Media accounts. The Customer acknowledges that they are solely responsible for verifying the accuracy, legality, and appropriateness of the instructions provided to Brandsec.
5.3 Third-Party Actions: Brandsec shall not be held liable for any actions or omissions of third parties, including but not limited to domain registrars, hosting providers, email service providers, or administrators of the Telegram platform. Brandsec’s liability is limited to the extent permissible by law.
5.4 Disclaimer of Warranties: Brandsec makes no warranties, express or implied, regarding the outcome of the services provided, including the suspension of domain names, removal of infringing websites, email takedowns, or policy takedowns of Social Media accounts. Brandsec does not guarantee the complete elimination or prevention of abuse, infringement, or unauthorised use of intellectual property.
5.5 Exclusion of Consequential Damages: In no event shall either party be liable to the other party for any indirect, incidental, consequential, punitive, or special damages, including loss of profits, business interruption, or reputational harm, arising out of or in connection with the services provided under this Agreement, even if advised of the possibility of such damages.
5.6 Limitation of Liability: The aggregate liability of either party to the other party under this Agreement shall not exceed the total amount of service fees paid by the Customer to Brandsec in the previous 12 months.
Definitions are defined in our Standard Terms & Conditions.