MCCS-MARINE CORPS COMMUNITY SERVICES (3)

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SDCF23-035 10. Trademarks. a. SPONSOR trademarks, label designs, product identifications, artwork, and other symbols and devices associated with SPONSOR products or services are and shall remain SPONSOR property. SPONSOR hereby authorizes MCRD/MCCS to use SPONSOR trademarks in promotions during the term of this agreement. The right to use SPONSOR trademark is non-exclusive, non -assignable and non- transferable. All uses by MCRD/MCCS of SPONSOR trademarks shall inure solely to the benefit of the SPONSOR. b. This sponsorship does not authorize SPONSOR to make use of any Marine Corps trademarks, including but not limited to those connected to MCRD/MCCS programs. SPONSOR may make factual statements in reference to the Events. Example: On SPONSOR media, SPONSOR could state, "A proud SPONSOR of MCRD/MCCS" however SPONSOR may not display any Marine Corps or MCCS logo, emblem, seal, trademark, or other protected mark. Marine Corps and MCCS trademarks are regulated by the U.S. Marine Corps Trademark Licensing Program. Information on this program, including FAQs, guidance on obtaining a license, and contact information for the Marine Corps Trademark and Licensing Office is available at www.marines.mil/trademark. 11. Independent Contractor. SPONSOR agrees to perform this Agreement as an independent contractor. This Agreement shall not be construed as creating an agency, partnership, joint venture, or employment relationship between the parties. 12. Non -Exclusivity. This Agreement does not confer to SPONSOR an exclusive right to promote its products in the MCCS Commercial Sponsorship Program. MCRD/MCCS reserves the right to accept sponsorships from entities competitive to SPONSOR. 13. Assignment. This Agreement is not assignable in whole or in part by any party hereto in the absence of prior written consent by the other party. 14. Term and Termination. This Agreement will take effect from the date MCRD/MCCS and the SPONSOR sign Agreement and shall remain in effect through 20 September 2023 a. Either Party may immediately terminate the Agreement as follows Upon a material breach of Agreement terms If the event must be cancelled due to circumstances beyond reasonable control of either party such as an act of God, weather delays, Government restrictions and mission requirements, or unforeseen commercial delays. If the event is cancelled in whole or in part due to such reasons, MCRD/MCCS may either refund sponsorship fees and in -kind items provided or reschedule the Event and provide all of the advertising and SPONSOR rights set forth in this Agreement at no additional charge to SPONSOR. Upon fourteen (14) days written notice to the other party for any reason. If MCRD/MCCS terminates this agreement by written notice, it shall be without penalty. Should SPONSOR terminate this Agreement by written notice, SPONSOR agrees to compensate MCRD/MCCS for reasonable costs incurred.