Specific Terms and Conditions: Trademark Clearinghouse Service

Last modified on 03.01.2014

Specific Terms and Conditions applicable to the Trademark Clearinghouse Service provided by EuroDNS S.A.

These Specific Terms and Conditions and the General Terms and Conditions shall be interpreted and applied together as a single instrument (the “Agreement”). To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms and Conditions.

1. The Service

Insofar as the Customer has submitted an Order Form for the Trademark Clearinghouse Service in accordance with the General Terms and Conditions, EuroDNS shall proceed to the recording of the trademark specified by the Customer with the ICANN Trademark Clearinghouse (the “TMCH Service”)

1.1. Trademark recording

Acting as a mere intermediary, EuroDNS shall relay the Customer’s recording request to its affiliate accredited as a Trademark Clearinghouse agent: eBrandServices B.V, having its main place of business at Business Centre Breda, Smederijstraat 2 4814 DB Breda, The Netherlands (the “Agent”).

In carrying out this process, EuroDNS will not perform any action to verify in any manner whatsoever the validity of the Customer’s recording request and will act as a sheer technical intermediary between the Customer and the Agent.
Notwithstanding the foregoing, EuroDNS shall nevertheless ensure that the Customer has filled all mandatory fields of the Order Form before submitting the Trademark recording request to the Agent.

1.2. Record Renewal

In order to renew the record that the Customer has registered in the Trademark Clearinghouse (“TMCH”) via the Agent (the “Record”), the Customer may use EuroDNS’ automated processing system. EuroDNS will notify the Customer several times of the expiration and applicable methods to renew the Record, by sending emails to the address registered as part of the Customer Details.

EuroDNS will not be held liable if the Customer fails to take the necessary action to renew the Record or if the Customer Details are inaccurate or obsolete and more generally if the Customer fails to receive the expiration notice. The Customer remains solely responsible for the renewal of the Record
If the Customer fails to take action to renew the Record before its expiration date, the Customer will no longer benefit from the services attached thereto such as the Sunrise eligibility rights and the claims notice service.

1.3 Communication forwarding

EuroDNS undertakes to forward to the Customer any communication received by the Agent regarding the Record, including any request from the Validation Agent as part of the Validation Service, any notification of registered names matching the Record, and the Signed Mark Data file generated as part of the Sunrise Service.

The Customer expressly understands that such forwarding will be exclusively operated by email and as such commits to maintain the accuracy and functionality of the email address provided as part of their Customer Details, and to monitor emails sent to it.

2. Service use

The Customer commits to only use the Service for its intended purposes.
By placing an order for the TMCH Service, the Customer agrees to be bound by and to comply with the Agent Terms of Service, the TMCH Guidelines and the Dispute Resolution Procedures in force at any particular time.

3. EuroDNS obligations

When providing the TMCH Service, EuroDNS’ sole obligation is to submit the Customer’s request to the Agent and to forward the Agent’s communications to the Customer.

EuroDNS is offering the Service on an as-is basis and makes no other warranty than the fact that all Customer’s orders that have been paid in full will be transmitted to the Agent and that communications received by the Agent will be forwarded to the Customer’s email address.

4. Supporting documents

The Customer commits to provide EuroDNS with all documentation requested by the Validation Agent to review the Trademark recording request.

The Customer acknowledges that any delay in providing the supporting documents will entail additional work for the EuroDNS team and could potentially prevent the successful recording of the Record.

If EuroDNS has not received the necessary documentation within fifteen (15) calendar days following the transmission of a request for documentation, the Record in question will be cancelled by the Validation Agent pursuant to the TMCH Guidelines.

5. Refund

The Customer understands and agrees that all fees applicable to the TMCH Service are non-refundable, notwithstanding the fact that the Customer order was invalidated by the Validation Agent or that the TMCH Service has been suspended or terminated before the expiration of the Record. All fees applicable to the TMCH Service are non-refundable in whole or in part.

The Customer, having the legal status of consumer pursuant to the Luxembourgish consumer code, is expressly informed that the Record being customised goods pursuant to article L.222–5 of this code, this Service is not subject to the statutory right of withdrawal.

6. Personal Data protection

By submitting an Order Form for the TMCH Service, the Customer expressly accepts that their Personal Data will be subject to the Agent Terms of Service and as such will be disclosed to the third party specified in this document.

7. Termination

EuroDNS may terminate the provision of the TMCH Service if the Customer is in material breach of the Contractual Terms and does not remedy such breach within fifteen (15) calendar days from the sending of EuroDNS breach notice.

The Customer may terminate the TMCH Service at any time by sending EuroDNS thirty (30) days’ written notice. In such a case the Customer shall take all necessary action to transfer all its Records to their own account with the TMCH.
Failure to instigate this transfer of the Records from under the Agent’s management during the thirty (30) days period following the termination notice means the Service will be deactivated and the Customer will no longer be entitled to receive any of the benefits of the TMCH Service.

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