These guidelines are for SmartX licensees, authorized resellers, customers, developers and other parties wishing to use SmartX's trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of SmartX and SmartX graphics for commercial purposes without the prior written consent of SmartX may constitute trademark infringement and unfair competition. Use of SmartX trademarks may be prohibited unless expressly authorized.
If you are a licensee of a SmartX 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 SmartX authorized reseller or a SmartX partner, you may be subject to additional restrictions.
SmartX's trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us to protect our valuable trademark rights and strengthen our corporate and brand identities. By using a SmartX trademark, in whole or in part, you are acknowledging that SmartX is the sole owner of the trademark and promising that you will not interfere with SmartX's rights in the trademark, including challenging SmartX'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 SmartX trademark. The goodwill derived from using any part of a SmartX trademark exclusively inures to the benefit of and belongs to SmartX. 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 about these guidelines, please contact SmartX.
Authorized Use of SmartX Trademarks
1. Advertising, promotion and sale materials:Only SmartX and its authorized resellers and licensees may use the SmartX logo in advertising, promotion and sale materials. Such authorized parties may use the SmartX Logo only as specified in their agreement with SmartX 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 SmartX.
2. Compatibility:Developers may use SmartX, SMTX, or any other SmartX word markup (but not the SmartX logo or other SmartX-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 SmartX products or technology, provided that they comply with the following requirements.
- The SmartX word mark is not part of the product name.
- The SmartX word mark is used in a referential phrase such as “runs on,” “for use with,” “for,” or “compatible with.”
- The SmartX word mark appears less prominent than the product name.
- The product is in fact compatible with, or otherwise works with, the referenced SmartX product.
- The reference to SmartX does not create a sense of endorsement, sponsorship, or false association with SmartX or SmartX products or services.
- The use does not show SmartX or its products in a false or derogatory light.
3. Publications, Seminars, and Conferences:You may use a SmartX word mark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:
- The use is referential and less prominent than the rest of the title. Acceptable: XYZ CONFERENCE for SmartX Enterprise Users.
- The use reflects favourably on both SmartX and SmartX products or technology.
- Your name and logo appear more prominent than the SmartX word mark on all printed materials related to the publication, seminar or conference.
- The SmartX logo or any other SmartX-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 SmartX.
- A disclaimer of sponsorship, affiliation, or endorsement by SmartX, 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 SmartX Inc.”
- A trademark attribution notice is included in the credit section giving notice of SmartX'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 SmartX product or technology may use the appropriate SmartX word mark, provided such use complies with the guidelines set forth in Section 3 above.
5. SmartX Web Badge Licensing:Web sites may use one of the SmartX Web Badges if the site uses or was created using SmartX-branded hardware or software and you comply with the terms of the SmartX Web Badges License Agreement and Guidelines.
Unauthorized Use of SmartX Trademarks
1. Company, Product, or Service Name:You may not use or register, in whole or in part, SmartX, SMTX, or any other SmartX trademark, including SmartX-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. SmartX Logo and SmartX-owned Graphic Symbols:You may not use the SmartX Logo or any other SmartX-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 SmartX, such as a reseller agreement.
3. Variations, Takeoffs or Abbreviations:You may not use any variation of the SmartX logo or SmartX-owned graphic for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a SmartX trademark for any purpose. For example: Not acceptable: SmartXyz StemartX SmartXCart SMTXMart
4. Disparaging Manner:You may not use a SmartX trademark or any other SmartX-owned graphic symbol, logo, or icon in a disparaging manner.
5. Endorsement or Sponsorship:You may not use SmartX, SMTX, or any other SmartX trademark, including SmartX-owned graphic symbols/logos, or icons, in a manner that would imply SmartX'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 SmartX, SMTX, or any other SmartX trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from SmartX.
7. SmartX's Trade Dress:You may not imitate the distinctive SmartX packaging, web site design, logos, or typefaces.
8. Slogans and Taglines:You may not use or imitate a SmartX slogan or tagline. For example: “Make IT Simple.”
9. Domain Names:You may not use an identical or virtually identical SmartX trademark as a second level domain name. Not acceptable: “ismartx.com” “iSMTX.com” “my-smartx.com” “smtxmart.com”
The SMTX Trademark
1. You may not use the SMTX trademark standing alone except to denote or refer to the SmartX product line.
2. You may use “SMTX” in your product name, company name, trade name, or service name provided your name satisfies the following criteria:
- Your products are not data-processing equipment, computer storage devices, recorded computer programs,recorded computer operating programs, computers,computer peripherals, microprocessors, computer programs (downloadable software), downloadable computer application software, interactive touch-screen terminals, computer software consulting, cloud computing, computer software design,computer software updates, computer system design, computer software maintenance, data conversion of computer programs and data (not physical conversion), computer system analysis, software as a service (SaaS), remote data backup, electronic data storage, information technology consulting services, technical studies.
- Your product is SMTX-compatible or the third party business is associated with SMTX-based computers.
- “SMTX” is used in combination with another non-generic or non-geographically-descriptive word. Acceptable: SMTXVenus; Not acceptable: SMTXCharleston SMTXSales
- “SMTX” does not appear more prominently than the rest of the name in size, color, or typeface.
- Your name does not suggest a false association with SMTX.
- Your name is not confusingly similar to any trademark owned or used by SMTX.
- You acknowledge that SmartX is the sole owner of the “SMTX” trademark and that you will not interfere with SmartX's use or registration of “SMTX” alone or in combination with other words.
- If you are a SmartX authorized reseller or a SmartX partner, you may be subject to additional restrictions.
Rules for Proper Use of SmartX 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: The enterprise is using the SMTX virtual machine service. Not correct: The enterprise is using SMTX's virtual machine service.
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 capitalise SmartX's trademarks exactly as they are shown in the SmartX Trademark List. Do not shorten or abbreviate SmartX product names. Do not make up names that contain SmartX trademarks.
Proper Trademark Notice and Attribution
1. Distribution Within the United States Only
- On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (TM, SM, ®) the first time the SmartX trademark appears in the text of the advertisement, brochure, or other material.
- Refer to the SmartX 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 SmartX Logo, where the logo appears at the right foot).
- Include an attribution of SmartX'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 SmartX Inc.
_________ and _______ are trademarks of SmartX Inc.
2. Distribution Outside the United States:
- Do not use trademark symbols on products, product documentation, or other product communications that will be distributed outside the United States.
- Use one of the following international credit notices:
_________ is a trademark of SmartX Inc., registered in the U.S. and other countries.
_________ is a trademark of SmartX Inc.
Depictions of SmartX Products
1. Endorsement or Sponsorship:SmartX does not support the use of its logos, company names, product names, or images of SmartX products by other parties in marketing, promotional or advertising materials as their use may create the perception that SmartX endorses or sponsors the product, service or promotion.
2. Compatibility:If you are a developer, you may show an image of a SmartX product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the SmartX product or technology, provided you comply with the following requirements:
- Your product is in fact compatible with, or otherwise works with, the referenced SmartX product.
- The image is an actual photograph of the genuine SmartX product and not an artist's rendering (Note: You must obtain express written permission from SmartX before using any photograph owned or licensed by SmartX).
- The SmartX product is shown only in the best light, in a manner or context that reflects favorably on the SmartX products and on SmartX Inc.
- The reference to SmartX does not create a sense of endorsement or sponsorship by, or other false association with, SmartX or SmartX products.
For further information with respect to SmartX's copyrights, please submit your request in writing to SmartX.