Terms of Use
Under these Marketing and Branding Terms, and the Approved Centre Agreement, the Approved Centre is granted a limited right to use certain logos, trademarks, images and other marketing content provided by the Safe Towing Scheme (henceforth referred to as ‘STS’), as specifically defined herein strictly in accordance with said terms.
These Marketing and Branding Terms are an integrated part of the Approved Centre Agreement and are supplemented by other supplementary contract terms which form part of the Centre Agreement.

Marketing and Branding of the Services
The services are provided under brand names determined by STS, which brand names constitute Trademarks of STS and/or its licensors. The Approved Centre acknowledges that STS shall at all times retain ultimate discretion to determine the branding of the Services, and shall has the discretion to alter such branding and subsequently to alter, replace or remove elements forming part of such branding.
The Approved Centre undertakes that it will only market the services under the brand names determined by STS. In no event may the Approved Centre (i) market the Services under other brand names, or (ii) market the services under the brand names determined by STS in combination with any other trademark, trade name, domain name, word or symbol, “tag line”, “endorsement line” or “enhancing statement”, whether owned by the Approved Centre or a third party, including co-branding, double-branding or other combinations. Any exceptions require prior express written approval from STS.
When marketing the Services, the Approved Centre shall only use approved marketing materials provided by STS for such purpose.
The Approved Centre may only use the brand names of the Services in print, online advertising and marketing materials specifically directed at marketing and resale of the Services. Use of the brand names of the Services on hardware or other equipment (i.e vehicles) to be provided as part of the Services requires prior express written approval from STS. In case of any such approval, all use shall be in compliance with the STS guidelines.

Use of Approved Centre trade names and trademarks
The Approved Centre grants to STS a right to refer to the Approved Centre as a reference Approved Centre in customer listings and other marketing documentation and activities relating to the Services, provided that such use is in accordance with good business practice and in a manner to promote the reputation and goodwill of said Approved Centre trade name and trademarks.

Property rights and obligations of the Approved Centre
STS is the exclusive owner of any STS branding and marketing materials which may be used by the Approved Centre hereunder. The Approved Centre may only use such resources in accordance with the restrictions and limitations set forth in these Marketing and Branding Terms. Neither these Marketing and Branding Terms nor the Approved Centre’s use of such marketing and branding resources shall convey to the Approved Centre any right or title to said logos, branding or marketing resources or affect in any way the exclusive ownership of STS of said resources and of any registrations thereof, and all use of such resources and all goodwill arising therefrom shall be for the sole benefit of and on behalf of STS. No rights are assigned with respect to the said resources.
The Approved Centre acknowledges and undertakes to respect STS ownership to the branding and marketing resources and the validity of the applications and registrations for the any STS Trademarks. The Approved Centre undertakes to preserve the value and validity of the Trademarks and will not commit any act which challenges STS ownership to or the validity of the Trademarks or which assists any other person in such act.
To this effect the Approved Centre shall:

• Only use the marketing and branding in relation to marketing of the Services as permitted hereunder and strictly in accordance with these Marketing and Branding Terms, the Approved Centre Agreement, the STS Marketing Guidelines referred to herein and any other instructions provided by STS from time to time;


• Not use, register or seek to register any trademark, trade name, company name, domain name, or user name or user group or other identification means in social media sites (e.g. Facebook, LinkedIn, Twitter, Instagram), which is identical to or similar to any of the Trademarks or any other corporate trade mark of STS or its licensors, or derivative thereof, whether alone or together with any other mark, name, word, logo or symbol,, whether during or after the term of the Approved Centre Agreement, in any country throughout the world;


• Not represent or act as agent for STS or its licensors, and shall have no authority to act in the name of, or on behalf of, or enter into any agreement or other commitment on behalf of STS or its licensors, or give any condition or warranty or make any representation on STS’s or its licensors’ behalf; and


• Not challenge the validity, scope of protection or ownership of STS to the Marketing and Branding resources or any Trademarks.

Trademark infringements
The Approved Centre shall notify STS promptly upon becoming aware of any actual or suspected infringement of any Trademarks, logos, and any other resources by any third party challenging any Trademark or any claim by any third party that use of a Trademark infringes any third party rights.
STS may, in their sole discretion and at their own expense, bring or cause to be brought any prosecution, lawsuit, action or proceeding for infringement, unauthorised use, interference or violation of/with any Trademark, and the Approved Centre shall not be entitled to take any such actions against any third party unless it has received STS’s prior written consent and the Parties have agreed on terms under which such action will be conducted. The Approved Centre shall provide all information and assistance to STS in the event that STS decides that proceedings should be commenced or defended. Any such proceedings shall be under STS’s control and any recovery obtained shall accrue solely to the benefit of STS.

Limitation
The limitations of liability set forth in the Approved Centre Agreement shall apply also to these Marketing and Branding Terms.

Indemnification
The Approved Centre agrees to indemnify, defend and hold STS and its licensors, their respective affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable legal fees, resulting from a violation or breach of these Marketing and Branding Terms by the Approved Centre.

Term and termination
These Marketing and Branding Terms shall be valid during the term of the Approved Centre Agreement. Immediately upon the termination or expiry of the Approved Centre Agreement, the Approved Centre shall (i) discontinue all use of any STS marketing and branding resources, and (ii) at STS’s option, destroy or return to STS all marketing materials and other materials containing the Trademarks.

Choice of law, dispute resolution
These Marketing and Branding Terms and any dispute or claim (whether contractual or otherwise) arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with UK substantive law. The Parties irrevocably agree that the UK courts shall have exclusive jurisdiction to settle any dispute, controversy or claim arising out of or in connection with these Marketing and Branding Terms or a breach, termination or invalidity thereof.