LEGAL TERMS AND CONDITIONS:
All content of the website URL Gtoxnow.com is copyright 2008 and owned or
exclusively licensed by Applied Food Sciences, Inc. ("AFS"). All rights
reserved.
The following, which shall be interpreted and applied according to its fair
meaning and import, regardless of authorship, are guidelines for displaying
and/or selling AFS' products, including but not limited to its GTOX detox
shot, and contain agreement terms to which you, agree to in consideration of
AFS' permission to use its Intellectual Property as prescribed.
AFS is a leader in the food, food supplement, and beverage markets. One of
the results has been the development of AFS brands, such as our GTOX detox
shot, as premium products. The following guidelines have been created to
uphold and maintain the quality image, reputation and integrity of AFS, our
products and our brands.
Any company displaying any image originating with AFS, or using AFS
Intellectual Property on the internet or otherwise, or selling AFS products
on the internet or otherwise are requested to adhere to these guidelines.
AFS reserves the right to refuse to sell AFS products to, and to refuse to
allow the use of AFS Intellectual Property by, any company that does not
adhere to the guidelines, without recourse by any such customer. AFS will
use reasonable efforts to provide prior written notice when it believes that
violations of these guidelines have occurred.
By using AFS Intellectual Property on your press items or in conjunction
with your sale and promotion of AFS products, you agree to the terms end
conditions of these guidelines, and agree to remove our Intellectual
Property from display if advised to do so by AFS for being in violation of
these guidelines or for any other reason deemed appropriate based on the
sole discretion of AFS. If directed by AFS to remove our Intellectual
Property from display for any reason as specified above, you agree to remove
such intellectual property from such display within one (1) week of written
notification from AFS.
AFS reserves the right to amend or modify these guidelines without prior
notice.
1. Intellectual Property
a. AFS Intellectual Property includes all trademarked and/or copyrighted
names, brands, photos, designs and images belonging to or licensed to AFS,
registered or unregistered. Intellectual Property is a valuable asset to
AFS. The purpose of these guidelines is to maintain the integrity of the AFS
brands, including GTOX. Any infringement on AFS Intellectual Property, or
violation of these guidelines is detrimental to the integrity of the AFS
brands.
b. The following specific items are considered Intellectual Property and are
the sole and exclusive property of AFS:
i. Trademarked names including, but not limited to APPLIED FOOD SCIENCES and
GTOXT, as well as any of the logos or marks associated with any of the above
names. Without limiting the preceding, trademarks which are the subject of
trademark registrations, or applications therefor by AFS (or licensors to
AFS) shall conclusively be deemed to be AFS Intellectual Property. You
agree that all use of AFS Intellectual Property shall inure to the sole
benefit of AFS.
ii. Individual style and item names as used in any AFS catalog, other
literature or printed matter and/or websites.
iii. All images or photos copyrighted by or licensed to AFS or used in our
catalogs, website(s), or any other literature or printed matter produced by
AFS or by any approved third party.
c. AFS Intellectual Property may only be used for the advertising and
promotion of AFS products in compliance with these guidelines or the prior
written approval of AFS.
d. AFS Intellectual Property is not to be used in conjunction with
competitors' products on the same printed material or web page with the
exception of a website's Home page or search pages.
e. AFS intellectual Property cannot be altered in any way, with the
exception of reasonable resizing.
f. AFS must assure that its Intellectual Property is used properly, only
representing genuine AFS products, and that consumers purchasing genuine AFS
products are fully satisfied with their purchases. Accordingly, retailers
who desire to use AFS intellectual Property must, as a precondition,
purchase all AFS products for resale directly from AFS or from authorized
distributors. Internet retailers using AFS Intellectual Property on a
website who do not purchase AFS products directly from AFS or its authorized
distributors, will be directed to immediately remove all AFS Intellectual
Property from their websites. Further, any authorized distributor, reseller
or other third party selling AFS products to an unauthorized Internet
retailer for resale will be in violation of these guidelines. In this
situation, AFS reserves the right to refuse to sell AFS products to, and to
refuse to allow the use of AFS Intellectual Property by any such company.
g. Customers using AFS Intellectual Property or selling AFS products on the
Internet must notify AFS of all website URLs for sites on which any AFS
Intellectual Property appears.
2. Photos/Images
a. All photos of AFS products used must be taken from high-resolution images
converted to optimized JPFG format. AFS will supply these images. Images
scanned from our catalogs, taken from non-AFS websites, or taken from AFS'
website other than 'The Press Room" webpage, if any, are unacceptable for
use for the purpose of displaying or selling AFS products.
b. When using color swatches on the Internet, AFS color swatches must be
used to represent colors offered for all AFS styles. Competitors' color
swatches cannot be used to represent AFS colors. Optimized JPEG color
swatches will be provided by AFS.
c. All AFS products and intellectual Property must reside within a specific
standalone area of the retailer's website that is accessible via an AFS link
or graphics banner off of the homepage within this specific standalone area.
AFS products may not be combined with competing products or products from
other companies on the same web page. This request does not apply to the
website's Home Page or web searches that will enable consumers to view
products from a database returned search.
d. All AFS images and logos must be kept current. New images of a style or
new logos must replace older images. Discontinued styles must be removed
from display. AFS will periodically update by posting same on its GTOX
website, by email or disc and will then expect the changes be implemented
within 30 days after receipt of the update.
e. Photos of AFS products cannot be altered in any way with the exception of
reasonable resizing.
3. All promotions for AFS products must have prior approval by AFS.
Reasonable time must be provided to receive approval from AFS after
submission of any promotional copy, prices, deals, etc. No coupons rebates
or other promotional discounts are to be applied to AFS products to reduce
the prices below the Internet Pricelist without the prior approval of AFS.
4. Copy
a. All copy used in conjunction with AFS products (other than supplied copy)
must be approved by AFS. Reasonable time must be provided to receive
approval from AFS after submission of any copy.
b. No reference of any affiliation or relationship to AFS may be made on any
website(s) other than that of an independent retailer reselling AFS
products.
c. All websites must note that all images of AFS products are copyrighted by
AFS and cannot be reproduced without the permission of AFS.
d. Websites or print promotional materials displaying and/or selling AFS
products that contain information or history about AFS must use a
pre-approved written "company history" of AFS.
e. Approved AFS color descriptions must be used on all websites to
adequately and uniformly describe our colors. Competitors' color
descriptions or color charts cannot be used to represent AFS' colors or
products.
f. It is recommended that copy concerning discounted prices (i.e. "lowest
prices on the web", or "our prices will not be beat") not be used relating
to AFS products, if this detracts from the premium brand image of AFS
products.
5. The display or sale of AFS products is not permitted on auction websites
or price comparison websites.
6. AFS reserves the right to limit or prohibit use of AFS Intellectual
Property, or to reject orders by or from persons who are not current in
payment and other obligations to AFS.
7. In consideration of AFS' permission to use AFS Intellectual Property as
provided above, you agree to the terms and conditions set forth above, and
stipulate and agree that the agreement terms provided in this document are
deemed enforceable in the State of Texas.