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myWD Upgrades CampaignTerms & Conditions

ELIGIBILITY:

The myWD UpgradesCampaign (“Promotion”) is open to existing myWD Partner Program (“myWD”) members who: (i) satisfy the qualifying criteria required for myWD Silver, Gold, or Diamondmembership (as specified in the myWD Program Terms & Conditions); (ii) are not affiliates of Western Digital Technologies, Inc. (“WD”); and (iii) are incorporated or registered in one of the following countries: the United States of America or Canada.By entering this Promotion, participating myWD members(also referred to herein as “participant(s)” or “you”) agree to be bound by these Terms & Conditions and the myWD Program Terms & Conditions, which are incorporated herein by reference.

 

PROMOTION PERIOD:

The Promotion will commence on October 22, 2013 at 12:00 a.m. (Eastern Daylight Time) and conclude on December 31, 2013 at 11:59 p.m. (Eastern Daylight Time)(“Promotion Period”).

 

PROMOTION OVERVIEW AND RULES:

WD is allowing participants to download and use, subject to the trademark license and usage guidelines below, WD advertising banners for use in participants’ emails, newsletters, website, landing page, and catalogs. If a participant visits the WD banner download webpage at link and downloads one or more of the advertising banners offered for download on such webpage, then that participant will receive five hundred (500) myWD points. The maximum number of myWD points that a participant can earn a part of this Promotion is five hundred (500). If a participant misuses WD’s trademarks, logos, or advertising banners or otherwise fails to adhere to the trademark license and usage guidelines below, then the participant will be automatically disqualified from this Promotion and will automatically forfeit any myWD points awarded under this Promotion.

 

TRADEMARK LICENSE AND USAGE GUIDELINES:

 

Overview

 

WD owns certain logos, trademarks, slogans and trade dress or designs of packaging or products. WD’s logos, trademarks, slogans and trade dress or design of its packaging or products are valuable assets to WD and its brand and act to distinguish WD’s products from its competitors. WD takes many steps against unauthorized or improper use to protect its brand, logos, trademarks, slogans and trade dress or design of its packaging or products. One step taken by WD is to require that authorized third parties follow Trademark Usage Guidelines regarding the use of WD’s trademarks, logos, slogans and trade dress or design of its packaging or products.

 

By entering into this Promotion, You agree to comply with WD’s Trademark Usage Guidelines (“Guidelines”). You are required to use WD’s trademarks, logos, slogans and trade dress or design of its packaging or products in a proper and consistent manner and in accordance with these Guidelines. In exchange, You will be given limited authorization and license to use WD’s trademarks, logos, slogans and trade dress or design of its packaging or products solely for the purpose of including advertising banners provided by WD for download from link in your emails, newsletters, website, landing page, and catalogs.

Although WD will allow You to use WD’s advertising banners if, and only if, You follow these Guidelines, WD retains all ownership rights in its advertising banners, brand, logos, trademarks, slogans, trade dress or design of its packaging or products. Any goodwill or legal rights created from Your use of WD’s advertising banner, brand, logos, trademarks and brand in any medium are for the benefit of WD alone and not You or any other third party. WD has the complete discretion to revoke Your right to use WD’s advertising banners, logos, trademarks, slogans and trade dress or design of its packaging or products, even if Your use is not expressly prohibited by these Guidelines. WD may modify these Guidelines without notice to You.

 

Rights Granted and Terms

  1. WD grants to You, and You accept, upon the terms and conditions set forth herein, the non-exclusive, limited and non-transferable right and royalty free license to use WD’s advertising banners solely on Your emails, newsletters, website, landing page, and catalogs for the sole purpose of promoting and advertising WD products to Your customers.
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  3. In consideration of WD’s grant of a limited license to You, You agree to comply with WD’s Guidelines.
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  5. Your rights shall commence on October 22, 2013 and shall continue in effect until December 31, 2013. You will not have rights under this Limited License or permission to use WD’s advertising banners after December 31, 2013.
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  7. Upon WD’s request, You shall furnish to WD, at no expense to WD, samples of any and all materials developed by You that include WD’s advertising banners. If WD determines that any or all of the promotional materials do not meet its quality standards or violate the Guidelines, it will notify You, and You agree to immediately stop use of the subject promotional material and WD’s advertising banners.
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  9. This Limited License is not an assignment or grant to You of any right, title or interest in or to WD’s advertising banners, trademarks, logos, slogans and trade dress or design of its packaging or products other than the rights granted in this Limited License. You acknowledge that WD’s advertising banners, trademarks, logos, slogans and trade dress or design of its packaging or products are owned solely and exclusively by WD, and You agree that You shall not take any action or do anything, directly or indirectly, which challenges or is inconsistent with WD’s ownership of WD’s advertising banners, trademarks, logos, slogans and trade dress or design of its packaging or products, and any and all goodwill generated by use of WD’s trademarks, logos, slogans and trade dress or design of its packaging or products shall be for the benefit of and accrue to WD.
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  11. You do not have the right to do any act, incur any obligation, or make any representation for or on behalf of WD. Your right to use WD’s advertising banners, trademarks, logos and slogans is non-transferable, which means that You are not authorized to give others the right to use WD’s advertising banners, logos and trademarks without WD’s express, written permission.

WD Trademark Guidelines

  1. WD is giving You limited, non-exclusive permission to use its advertising banners, logos, trademarks, slogans and trade dress or design of its packaging or products in a truthful, fair and non-misleading manner and in compliance with these Guidelines and the terms and conditions of any agreement you have with WD. You may not use WD’s advertising banners, logos, trademarks, slogans or trade dress or design of its packaging or products in a way that is misleading, deceptive, libelous, defamatory, infringing, obscene, offensive, damaging or disparaging to WD’s brand or any third party’s brand, or otherwise objectionable to WD in its discretion. Do not use WD’s advertising banners, logos, trademarks or slogans in connection with any photograph that does not display a genuine WD product or packaging.
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  3. Always use advertising banners, logos and trademarks in the manner intended by WD. Do not use them for goods or services for which they were not originally intended. You may not modify, distort, change, abbreviate, shorten or hyphenate WD’s advertising banners, logos or trademarks. Do not flip, rotate, stretch, or add effects to WD’s logo. You may not create acronyms out of WD’s trademarks.
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  5. Do not incorporate WD logos or trademarks in Your own name, product names, service names, trademarks, logos, company names, or Internet domain names. You may not use or adopt trademarks or logos that are confusingly similar to a WD trademark or logo. You also may not take any action that is inconsistent with WD’s ownership of its trademarks, logos, slogans or brand. For example, You may not register a trademark or logo in WD’s name or attempt to register a trademark or logo that is confusingly similar to a WD trademark or logo, nor may you register an Internet domain name that incorporates any WD trademark.
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  7. If You are using WD’s trademarks or logos to describe WD or its products, be truthful and accurate. Do not use WD’s trademarks or logos to make unsubstantiated claims about WD or the quality, capacity or specifications of its products.
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  9. You may not use WD’s trademarks or logos in connection with any material that includes adult content, promotes violence or hate speech, sells or distributes unauthorized, grey market or counterfeit products, or violates any laws or regulations in the United States or Canada.
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  11. You must include a proper trademark attribution notice. The proper trademark attribution used by WD is:
  12. WD, the WD logo, [alphabetical, properly spelled and capitalized
    list of WD trademarks] are registered trademarks or trademarks
    of Western Digital Technologies, Inc. in the U.S. and/or other countries.

     

  13. You must mark WD’s logos and trademarks with the proper symbol, which is either ® or ™. Proper marking of WD’s trademarks and logos is important to give others notice that WD claims trademark rights to the mark or logo. If it is not possible to use the ® or ™ symbol, You must use (R) or (TM). WD updates its list of U.S. registered and other trademarks on its website at
    http://www.wdc.com/en/company/branding/trademarks.aspx.
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  15. Unless otherwise agreed to in writing by WD, You will defend, indemnify and hold WD and its employees, officers, directors, successors and assigns harmless from any and all claims, actions and suits based on Your use of WD advertising banners, logos, trademarks, slogans or trade dress or design of its packaging or products.

LIMITATION OF LIABILITY:

By participating in the Promotion, you release WD, and its subsidiaries, affiliates, partners, employees, directors, officers, agents, and others associated with the implementation and/or operation of such Promotion, from and against any and all injury, loss, damage, or cost (including taxes) caused or claimed to be caused by your participation in such Promotion and/or the acceptance, awarding, receipt, use and/or misuse of any reward. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, each participant agrees that, by entering the Promotion (i) any and all disputes, claims, and causes of action arising out of or in connection with such Promotion, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering such Promotion, but in no event attorney's fees; and (iii) under no circumstances will any participant be permitted to obtain any award for, and participant hereby waives all rights to claim, punitive, incidental, or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

 

GENERAL PROVISIONS:

WD’s computer system is the official timekeeping device for the Promotion. WD is not responsible for computer system, phone line, technical, hardware, software, or program failures of any kind, lost or unavailable network connections, incomplete, garbled, or delayed computer transmissions or network connections that are human or technical in nature. WD reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend part or all of this Promotion should an unauthorized human intervention or any other cause corrupt or impair the administration, security, fairness, or proper play of the Promotion. Any participant who attempts to interfere with the proper operation of the Promotion will be disqualified. WD reserves the right, in its sole discretion, to disqualify any participant that WD reasonably believes to have tampered with the operation of the Promotion, or who is found to be acting in violation of these Terms & Conditions. This Promotion is sponsored by Western Digital Technologies, Inc., 3355 Michelson Drive, Suite 100, Irvine, CA 92612 USA.