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Maestro Global Rules (PDF) - MasterCard

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Marks<br />

4.3 Misuse of a Mark<br />

By using any Mark, each Customer and other Licensee acknowledges that the<br />

Corporation has adopted, and is the exclusive owner, licensee, or both of<br />

certain marks and may in the future become the exclusive owner, licensee, or<br />

both of other marks that are or will be used by Licensees for the identification<br />

and promotion of the Corporation, which include Marks, as such term is<br />

defined in the <strong>Rules</strong>. All property rights in such marks and designations belong<br />

exclusively to the Corporation. All use of any Mark will inure solely to the<br />

benefit of the Corporation.<br />

No Customer or other Licensee may register, attempt to register or in any way<br />

make use of the Marks, or any mark or term that, in the sole discretion of the<br />

Corporation, is deemed to be derivative of, similar to, or in any way related to a<br />

Mark. In particular, no use of a Mark may be made on or in connection with<br />

any card, device or other application associated with a payment service that the<br />

Corporation deems to be competitive with any Activity.<br />

Without limitation, the foregoing shall specifically apply to registration or use of<br />

any mark or term that incorporates, references or otherwise could be confused<br />

or associated with a Mark currently or previously Licensed or otherwise used by<br />

a Customer (including, without limitation, by virtue of acquisition by merger or<br />

otherwise, bankruptcy or voluntary or involuntary winding-up).<br />

The Corporation reserves the right to determine, establish and control the nature<br />

and quality of the services rendered by its Customers under any marks it adopts.<br />

In order to preserve the integrity of the Marks and prevent irreparable harm to<br />

the Corporation, each Customer agrees to cease using the Marks immediately<br />

upon written demand by the Corporation, and consent to the entry of an<br />

injunction against their continued use.<br />

A Customer must not threaten or initiate any litigation relating to the Marks and<br />

such other marks, without first obtaining the consent of the Corporation.<br />

If a Customer is threatened with litigation, or is sued with regard to any matter<br />

relating to use of the Marks, and such other marks, it must immediately notify<br />

the Corporation in writing. The Corporation, in its discretion, may then defend,<br />

settle, or consent to the entry of a judicial order, judgment or decree, which<br />

would terminate any such litigation, or permit such Customer to do so.<br />

NOTE<br />

4.3 Misuse of a Mark<br />

Additional regional <strong>Rules</strong> on this topic appear in Chapter 15, “Asia/Pacific<br />

Region,” Chapter 17, “Europe Region,” Chapter 18, “Latin America and the<br />

Caribbean Region,” and Chapter 20, “United States Region,” of this rulebook.<br />

Each Customer and other Licensee must promptly notify the Corporation<br />

promptly, whenever it learns of any misuse of the any Marks, or of any attempt<br />

to copy or infringe the Marks or any portion thereof.<br />

©1993–2012 <strong>MasterCard</strong>. Proprietary. All rights reserved.<br />

4-2 9 November 2012 • <strong>Maestro</strong> <strong>Global</strong> <strong>Rules</strong>

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