MasterCard Rules (PDF)

4.1 Right to Use the Marks
4.1.1 Licenses
Trademarks and Service Marks
4.1 Right to Use the Marks
A right to use one or more Marks or to use the Interchange System to process
unbranded transactions is granted to Customers and other licensees only
pursuant to the terms of a License or other agreement with the Corporation.
Unless an interim License has been granted, a Mark must not be used in any
form or manner before the execution of a written License and, if applicable,
a License addendum.
No additional interest in the Marks is granted with the grant of a right to use the
Marks. A Licensee is responsible for all costs and liabilities resulting from or
related to its use of a Mark or the Interchange System.
Except as otherwise set forth in Rule 1.5.4, each License is non-exclusive and
non-transferable. The right to use a Mark may be sublicensed by a Licensee to
any Sub-licensee only in accordance with the Standards or otherwise with the
express written consent of the Corporation. A Customer or other Licensee that
is permitted to sublicense the use of a Mark to a Sub-licensee must ensure, for
so long as the sublicense is in effect, that the Mark is used by the Sub-licensee
in accordance with the Standards and/or other additional conditions for such
use required by the Corporation.
The right to use a Mark cannot be sublicensed or assigned, whether by sale,
consolidation, merger, amalgamation, operation of law, or otherwise, without
the express written consent of the Corporation.
The Corporation makes no express or implied representations or warranties
in connection with any Mark and the Corporation specifically disclaims all
such representations and warranties.
4.1.2 Protection and Registration of the Marks
Protection of the Marks is vital to the Corporation, its Customers and other
Licensees. Any use of a Mark must not degrade, devalue, denigrate, or cause
injury or damage to the Marks or the Corporation in any way.
By using any Mark, each Customer and other Licensee acknowledges the
Corporation’s sole ownership of the Marks and agrees not to challenge or
contest the Corporation’s exclusive ownership of the Marks, assist others in
doing so either directly or indirectly or otherwise take or assist others in taking
any acts or failing to take actions that would be inconsistent with that ownership.
All use of any Mark will inure solely to the benefit of the Corporation.
©1969–2012 MasterCard. Proprietary. All rights reserved.
MasterCard Rules • 12 December 2012 4-1