- The MB mark is a pending registered trademark (the Trademark).
- CMBA is the owner of the Trademark.
- CMBA-BC has licenced the Trademark from the CMBA and is permitted, subject to terms, conditions and restrictions, to sublicence the trademark.
- The Member would like to sublicence the Trademark from the CMBA-BC as set out in this agreement.
By downloading and using the MB logo, the Member hereby agrees that:
- The Member licences from CMBA-BC, the right to use the Trademark, subject at all time to the terms of this agreement.
- The licence is non-exclusive to the Member and CMBA-BC shall have the right to issue a sublicence for the use of the Trademark by any party to whom it is qualified to issue a sublicence.
- The Member shall not be permitted to transfer or sublicense its right to use the Trademark.
- The Member agrees to use the Trademark only under and in compliance with the terms of this agreement.
- The Member shall use the Trademark:
- only while the licence agreement between CMBA and the CMBA-BC remains in force,
- only while the Member is a member in good standing of the CMBA-BC,
- only so long as the MBABC has not revoked this agreement,
- only in association with promoting the Member’s own mortgage brokering services and products, and
- only in accordance with any CMBA-BC usage requirements or guidelines, as they may be amended by the CMBA-BC from time to time.
- The Member acknowledges that the CMBA-BC has given no warranty or representation that use of the Trademark by the Member will be free from infringement claims. The CMBA-BC confirms it has received no warranty or representation from the CMBA that use of the Trademark by the Member will be free from infringement claims.
- If requested by the CMBA-BC, the Member shall at the Member’s own expense send to the CMBA-BC random samples of materials displaying the Trademark.
- The Member agrees to indemnify and hold harmless the CMBA-BC from and against any claim, liability, damage, loss or expense (including legal costs on a solicitor client basis) expended, incurred or suffered by the CMBA-BC as a result of or arising from the breach or non‐performance by the Member of any part of this agreement. This paragraph shall survive the termination of this agreement for any reason.
- This agreement shall be governed by, subject to and interpreted in accordance with the laws of the province of BC and the parties agree the courts of that province have exclusive jurisdiction to determine matters arising under this agreement.