NSCA-CPT Certified Logo
Non-Member Price: $50.00
Assoc-Member Price: $50.00
Member Price: $25.00
Product Information
You must have a valid NSCA-CPT number on file to purchase this item.
Once purchased, you can download the logo three times through your online account. Log in at NSCA.com, click on My Account, My Orders. Open the order and click on the file link.
LICENSE AGREEMENT TO
BUY LOGO
FOR USE OF THE NSCA
CERTIFIED SERVICE MARK
THIS AGREEMENT is made
between the NATIONAL STRENGTH & CONDITIONING ASSOCIATION with corporate
offices at 1885 Bob Johnson Drive, Colorado Spring, CO, 80906 (“NSCA”) and the
undersigned NSCA Certified Professional (“Licensee”), and is made with
reference to the following facts: A. NSCA is the owner of the NSCA Certified
CSCS and NSCA Certified NSCA-CPT service marks (the “Mark” or “Marks”), copies
of which are included below. B. Licensee wishes to display the Mark on its
business cards, email signature and professional website. C. Licensee is an
NSCA Certified professional in good standing of the NSCA. The EFFECTIVE DATE of
this Agreement is the date on which the Agreement is accepted and executed by
Licensee.
BY
USING THE MARK, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE
TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU DO NOT HAVE NSCA’S PERMISSION TO USE THE MARK. ANY UNAUTHORIZED
USE VIOLATES NSCA’s OWNERSHIP RIGHTS IN THE MARK AND IS STRICTLY PROHIBITED.
THEREFORE, the parties agree as follows:
- Grant. Subject to the terms
and conditions hereinafter set forth, NSCA hereby grants to Licensee the
limited right to use, and Licensee hereby undertakes to use pursuant to these
terms and conditions, the Mark. Except for the specific rights as granted and
designated herein, NSCA reserves and retains all rights of any nature in and to
the Mark.
- Use. Licensee may display
the Mark on business cards, email signature and professional website. The Mark
is not to be displayed in any manner which suggests the endorsement or approval
of Licensee or its products or services by NSCA. The Mark, where and whenever
displayed by Licensee, shall be in direct correlation to a specific NSCA
Certified professional’s individual name, and shall be displayed in accordance
with rules set forth by NSCA. When utilized in its electronic format, the Mark
must be hyperlinked to http://www.nsca.com. The Mark may not be altered or
modified in any way, including changing the default color, reversing the Mark,
altering the text contained within the Mark, resizing the Mark by greater than
+/-10 percent, or utilizing language or graphics in conjunction with the Mark
that discredit or intend to defame the intent of the Mark or NSCA in any way.
Display rules may be changed from time to time by NSCA, and Licensee agrees to
comply in all respects with the amended requirements of such rules. Licensee
will be given a reasonable period, in no event less than thirty (30) days, to
comply with changes in such rules. Licensee will exercise its rights under this
license, and deal with and exploit the Mark, in accordance with high standards
of service, business practices, and procedures. The activity of Licensee in
using the Mark as licensed by this Agreement must conform to high ethical and
commercially reasonable standards in order to protect and preserve the good
name, reputation, and goodwill of NSCA and its interest in the Mark. Licensee
will not use or permit the Marks to be used or commercially exploited in any
negative manner or in any manner that is contrary to public morals or which is
deceptive, misleading, or reflects unfavorably upon the good name, goodwill,
reputation, or image of NSCA.
- Non-Exclusivity. The
limited right and license granted to Licensee hereunder is non-exclusive, and
NSCA, at its sole discretion, shall be free to itself use or grant others the
right to use the Mark on any product, material or service, including those in
competition with Licensee.
- Assignment. The right
granted in this Agreement to Licensee shall be non-divisible and shall not be
transferable or assignable without the NSCA’s prior written consent, which it
may withhold in its sole and absolute discretion. Any such assignment or
transfer without such consent shall be void and of no effect.
- Term and Termination. Except
as otherwise provided herein, this Agreement shall remain in full force and
effect as long as Licensee shall remain a certified professional in good
standing of the NSCA; provided, however, that in the event that the Licensee
fails to comply with any provision of the Agreement, the NSCA may terminate
this Agreement, upon providing Licensee with notice, such termination to be
effective immediately upon receipt by Licensee. The Agreement shall terminate automatically
at the end of Licensee’s recertification cycle. Further, NSCA reserves the
right to terminate this Agreement at any time, without cause, upon providing
Licensee thirty days notice. Upon termination of this Agreement for any reason,
Licensee shall immediately cease use of the Mark and further distribution of
all materials bearing the Mark.
- Ownership.
Except as specifically stated herein, nothing contained in this
Agreement shall be construed as an assignment or grant by NSCA to Licensee of
any right, title, or interest in or to the Mark or permission to register or
assert ownership therein. Licensee promises not to take any action at any time
to the detriment of NSCA's right, title, and interest in the Mark. Licensee
acknowledges the NSCA’s exclusive right, title, and interest in and to the Mark
and will not at any time do or cause any act or thing contesting or in any way
impairing or tending to impair any part of such right, title and interest.
Licensee shall not in any manner represent that it has any ownership in the
Mark or registration thereof, and the Licensee acknowledges that use of the
Mark shall not create any right, title or interest in favor of Licensee, but
all uses of the Mark by the Licensee shall be to the benefit of NSCA. Upon
expiration or termination of the Agreement, Licensee will cease and desist from
all use of the Mark in any way.
- Notices. Any notices required or permitted to
be given under this Agreement shall be deemed sufficiently given: if mailed by
registered mail, postage prepaid, addressed to the party to be notified at its
address as provided by Licensee to the NSCA’s Certification or Membership
Department or such other address as may be furnished in writing by Licensee to
NSCA; or emailed to the email address provided by Licensee to NSCA’s
Certification or Membership Department or such other email address as may be
furnished in writing by Licensee to NSCA. In the case of NSCA, notice shall be
addressed to the Certification Department.
- Indemnification and Hold Harmless. Licensee
hereby covenants and agrees to indemnify and hold harmless NSCA, its respective
officers, directors, agents and employees from and against any and all claims,
loss, damage, injury and liability resulting from Licensee’s use of the Mark,
and to pay for all legal and other costs (including reasonable attorneys’ fees)
NSCA might incur in defending any such action.
- Forum and Venue. This Agreement shall be governed by and
interpreted and enforced in accordance with the laws of the state of Colorado,
except for any Colorado choice of law rule that would result in the governing
law being the law of any jurisdiction other than Colorado. The venue for
resolution, whether in court or otherwise, of any dispute between Licensee and
NSCA that arises under or in relation to this Agreement shall be, to the
maximum extent permitted by law, Colorado Springs, Colorado.
- Consent to Service of Process. Licensee hereby waives personal
service of any and all process and consents that all such service or process
shall be made by certified mail, return receipt requested, at the address of
such party stated below, and service so made shall be complete two days after
it shall have been posted as stated in this paragraph.
- Injunctive Relief. It is understood and agreed by Licensee that,
due to the nature of the purposes and activities of NCSA, its reputation and
goodwill are extremely important. Therefore, any unauthorized use by Licensee
of the Mark at any time will result in irreparable harm to NSCA. Therefore,
notwithstanding any other provisions of this Agreement, NSCA shall have an
absolute right to an immediate injunction to enjoin the unauthorized use of the
Mark and shall be entitled to reasonable attorneys’ fees and costs incurred by
obtaining said relief.
- Reporting. If requested by the NSCA, Licensee
shall give the NSCA samples of use of the NSCA Certified mark. Licensee agrees
to forfeit any and all right to use the NSCA Certified logo if the NSCA, in its
sole discretion, determines that use of the logo is not in strict accordance
with the terms and conditions of this license. Licensee will direct any
questions concerning the use of the NSCA logo or the terms and conditions of
this license to the NSCA by phone at (719) 632-6722 or by e-mail at nsca@nsca.com.
- Entire Agreement. This is the entire contract
between the parties concerning its subject matter and supersedes all prior
negotiations and agreements, oral or written.