merchant-agreement

16.4. If we allow you to use one of our trade marks, business names, trading styles or
get ups, we grant you a royalty-free, non-exclusive licence during the term of this
agreement or for any shorter period that we specify. This licence will allow you to use
that trade mark, business name, trading style or get up (as the case may be) in the
manner and form which we notify you from time to time solely for the purposes of
this agreement.
16.5. On termination of this agreement and at our request and cost, you will assign to us
or our nominee all intellectual property rights in and to:
(a) all software designed specifi cally for; and
(b) all modifi cations, enhancements and application development undertaken by you
to software specifi cally for the purposes of, the merchant services.
16.6. You acknowledge and agree that:
(a) the card scheme logos, names and holograms and all intellectual property rights
subsisting in those logos, names and holograms belongs to, and is or will be, vested
in the card scheme; and
(b) the EFTPOS logos, branding and, trademarks and all intellectual property and
goodwill in them are vested in EPAL; and
(c) all rights, titles and interests in our trade marks and any intellectual property
subsisting in them belongs to and is or will be vested in us and our related bodies
corporate; and
(d) all goodwill arising from the use of our trade marks, business names, trading styles
or get ups pursuant to this agreement is for the benefi t of us and is and will remain
vested in us and our related bodies corporate.
EPAL branding and trademarks
16.7. You are granted a sub licence to use EPAL’s trademarks, branding and marketing
messages (trademarks), for the purposes we specify from time to time, during the
term of this agreement only, on the following terms and conditions:
(a) You must not use EPAL’s trademarks in a manner that is inconsistent with or detracts
from those trademarks; and
(b) you must comply with any EPAL style guide relating to use of the trademarks which
we provide to you; and
(c) upon termination of this agreement you must immediately cease using the
trademarks and destroy all materials and paraphernalia that include the trademarks;
and
(d) you agree that this sub licence does not grant you a proprietary interest in the
trademarks.
57