Guidelines
for Using NewTek Trademarks
January, 2004
We appreciate your interest
in helping us promote the NewTek brand. However,
it is important for us to maintain our distinctive
brand and our ability to produce and promote
authentic NewTek products and services so that
the public will always know they are getting
the real thing. In order to keep this brand integrity,
we ask that you follow a few rules when using
our trademarked names, logos, phrases, and images
(“NewTek Marks”). The NewTek Marks
are valuable assets. In following these guidelines,
you help us protect our valuable trademark rights
and strengthen our corporate and brand identities.
These guidelines are for NewTek
licensees, authorized resellers, developers,
customers, and other parties who are authorized
by us to use NewTek's Marks in promotional, advertising,
instructional, or reference materials, or on
their web sites, products, labels, or packaging.
If you have any questions regarding
these guidelines, please talk to your NewTek
representative or send an e-mail to trademarks@newtek.com.
If you are a licensee of a
NewTek Mark and have been provided with special
trademark usage guidelines with your license
agreement, please follow those guidelines. If
your license agreement does not provide usage
guidelines, then follow these guidelines.
By using a NewTek Mark, in
whole or in part, you are acknowledging that
NewTek is the sole owner of the Mark and promising
that you will not interfere with NewTek's rights,
including challenging NewTek's use, registration
of, or application to register such Mark, alone
or in combination with other words anywhere in
the world, and that you will not harm, misuse,
or bring into disrepute any NewTek Mark. Except
for the limited right to use as expressly permitted
under these Guidelines, no other rights of any
kind are granted hereunder, by implication or
otherwise. All use of the NewTek Marks shall
inure to the benefit of NewTek and NewTek shall
own all goodwill associated with any use of the
NewTek Marks.
Authorized Use of NewTek
Trademarks
1. Advertising, Promotional,
and Sales Materials: Only NewTek and
its authorized resellers and licensees may
use the NewTek Logo in advertising, promotional,
and sales materials.
2. Compatibility: Developers may use NewTek™, LightWave 3D®, TriCaster™, VT[4]™, or any other NewTek word mark (but not any other
NewTek-owned graphic symbol or logo without written
permission) in a referential phrase on packaging,
promotional/advertising materials to describe
that the third party product is compatible with
the referenced NewTek product or technology,
provided they comply with the following requirements:
a. The NewTek
word mark is not part of the product name.
b. The NewTek word mark is
used in a referential phrase such as “for
use with,” “for,” or “compatible
with.”
c. The NewTek word mark appears
less prominent than the product name.
d. The product is in fact
compatible with, or otherwise works with, the
referenced NewTek product.
e. The reference to NewTek
does not create a sense of endorsement, sponsorship,
or false association with NewTek or NewTek
products or services, unless of course you
obtain NewTek written endorsement or sponsorship
for a product or service.
f. The use is not likely to
cause confusion, mistake, or deception, or
dilute the distinctive nature of the NewTek
Mark.
g. The use does not show NewTek
or its products in a false or derogatory light.
3. Publications, Seminars,
Conferences and Non-Commercial Web Sites: You
may use a NewTek word mark in connection with
book titles, magazines, periodicals, seminars,
conferences, or web sites provided you comply
with the following requirements.
a. The use
is referential and less prominent than the
rest of the title.
b. The use reflects favorably
on both NewTek and NewTek products or technologies.
c. Your name and logo appear
more prominent than the NewTek word mark on
all materials related to the publication, seminar,
conference or web site.
d. If the NewTek logo or any
other NewTek-owned graphic symbol, logo, icon
or image appears on the publication or on any
materials related to the publication, seminar,
conference or web site, copies of those materials
should be sent to the NewTek corporate headquarters
at the following address:
NewTek, Inc.
Attn. Marketing Department
5131 Beckwith Blvd.
San Antonio, TX 78249
Only graphic symbols, logos,
icons, or images that originate from an official
NewTek corporate site may appear with the NewTek
Marks. Make sure you have the latest revision
of any graphic symbol, logo, icon or image.
The best way to ensure this is to contact NewTek
via e-mail at trademarks@newtek.com to inquire
and obtain written permission.
NOTE: You
may not copy artwork from
NewTek’s public web site gallery and
use them freely. Many of these images are
used with permission from the original artist,
and NewTek’s right to use them is limited
to our web site.
e. If a
credit section appears in the publication,
seminar, conference material or web site, a
trademark attribution notice should be included
that gives notice of NewTek’s ownership
of its Mark(s).
f. The use is not likely to
cause confusion, mistake, or deception, or
dilute the distinctive nature of the NewTek
Mark.
g. A disclaimer of sponsorship,
affiliation, or endorsement by NewTek, similar
to the following, must be included on publication,
all printed materials, and web site: “TITLE
is an independent PUBLICATION and has not been
authorized, sponsored, or otherwise approved
by NewTek, Inc.” Of course, if you would
like to obtain our sponsorship, affiliation,
or endorsement for your publication, seminar,
or conference, please contact us.
Unauthorized Use of
NewTek’s Trademarks
1. Company,
Product, or Service Name: You may not use or
register, in whole or in part, any NewTek trademark,
including NewTek-owned graphic symbols, logos,
icons or any alteration thereof, as part of a
company name, trade name, product name, or service.
2. Variations,
Takeoffs, or Abbreviations: You may not use any
variation, takeoff, or abbreviation of the NewTek
Marks for any purpose. You may not change the
proportion, color or font of the Marks, or otherwise
alter the Marks in any way except for standard
re-sizing.
Not Acceptable: “I sold
two VT[4]s today.”
Acceptable: “I sold two VT[4]™s
today.”
More Acceptable: “I sold fifty of NewTek’s
VT[4]™s today.”
3. Confusing
or Disparaging Manner: You may not use a NewTek
Mark or any other NewTek-owned graphic symbol,
logo, or icon in a manner that is either likely
to cause confusion or is disparaging in any way.
4. Endorsement
or Sponsorship: You may not use a NewTek Mark,
including NewTek-owned graphic symbols/logos,
or icons in a manner that would imply NewTek’s
affiliation with or endorsement, sponsorship,
or support of a third part product or service
(unless it actually exists, of course).
5. Merchandise
Items: You may not manufacture, sell or give-away
merchandise items, such as T-shirts and mugs,
bearing a NewTek Mark, except pursuant to an
express written agreement from NewTek.
6. Branding
/ Look and Feel: You may not imitate the distinctive
NewTek packaging, web site design, logos, or
typefaces.
7. Slogans
and Taglines: You may not use or imitate a NewTek
slogan or tagline.
Example: [It’s Everywhere]
8. Domain
Names: You may not register, use, or endorse
an identical or confusingly similar NewTek Mark
as a second level domain name.
Not acceptable: “videotoaster3.com” “LightWave8.com”
Appropriate Use of
NewTek’s Trademarks
1. Whenever
possible, the NewTek Marks should be used as
adjectives to modify a generic term.
Example: “VT[4]™ non-linear
editor”
“LightWave 3D® animation software”
2. Always
spell and capitalize NewTek’s Marks exactly
as they are shown in the NewTek Trademark List.
Do not shorten or abbreviate NewTek product names.
Do not make up names that contain NewTek Marks.
Proper Trademark Notice
and Attribution
On a product, product documentation,
or other product communication, use the appropriate
trademark symbol the first time one of NewTek’s
Marks appears in the text of the advertisement,
brochure, or other material.
Refer to the NewTek
Trademark List for the correct trademark
symbol and spelling.
Include an attribution of NewTek’s ownership
of its Marks within the credit notice section
of your product, product documentation, or other
product communication.
The following are the correct
formats:
_______ and ______ are registered
trademarks of NewTek, Inc.
_______ and ______ are trademarks of NewTek,
Inc.
Enforcement Assistance
Please notify us promptly in
writing of any unauthorized use of the NewTek
Marks that come to your attention.
NewTek
Trademark List for General Distribution
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