Motorcoach Council “Get Motorcoachified.” Campaign
License Agreement to Campaign Participants To Use Service Marks

By electing to become a Participant in the Motorcoach Council, Inc. (COUNCIL) “Get Motorcoachified” Campaign to promote awareness about the benefits of motorcoach travel, and requesting to purchase and display or install one or more COUNCIL authorized “Get Motorcoachified” “bus wrap,” “rear wrap,” “bumper wrap” or other decal packages from a COUNCIL Authorized Vendor, you are agreeing to the terms and conditions of this License Agreement, including Exhibit A to this License, as the same may be modified or amended from time to time in COUNCIL’s sole and absolute discretion, and any Graphical Standards and Guidelines Manual (“Brand Guide”), as the same may be modified or amended from time to time in COUNCIL’s sole and absolute discretion.

You are also certifying that you are a current motorcoach operator or provider of motorcoach transportation services, who owns and or leases vehicles and provides them for hire, and are otherwise eligible to be a Participant in the COUNCIL “Get Motorcoachified” Campaign, in accordance with Exhibit A to this License. You must purchase and install a minimum of one bumper wrap of at least $45 in value, in order to participate in the campaign and receive a directory listing on www.GetMotorcoachified.com.

1. Subject to the terms and conditions of this License Agreement, and your compliance with all currently-effective campaign program procedures and protocols, and in consideration of your agreement to be bound by the terms of this License and such procedures and protocols, as the same may be amended from time to time, COUNCIL hereby grants to you, the Participant, a non-exclusive, non-transferable limited and revocable license to the use of certain COUNCIL service marks as specified herein.

2. The marks covered by this License include those marks that you select to purchase and that COUNCIL approves for you to purchase in the form of “bus wraps” or decal packages to be installed and displayed on your qualifying motorcoach equipment, from among those marks identified in Exhibit A to this License as being available.

3. COUNCIL reserves the right, in COUNCIL’s sole and absolute discretion, to revoke, modify or amend this License or its terms or conditions at any time. The current version of this License Agreement is available upon request, and may in COUNCIL’s discretion be made available online.

4. Exhibit A to this License, as the same may be modified or amended from time to time in COUNCIL’s sole and absolute discretion, and any Graphical Standards and Guidelines Manual (“Brand Guide”), as the same may be modified or amended from time to time in COUNCIL’s sole and absolute discretion, shall be deemed incorporated herein by reference, and made a part of this Agreement.

5. Any and all prior permissions, consents or licenses granted to you are hereby revoked and terminated. They are replaced by this License.

6. This License is limited to those marks with the specific configuration(s), style(s), size(s), color(s) and placement(s) thereof in the “bus wraps” or other decal packages that you have selected for inclusion and disclosed in your licensing request(s) to COUNCIL, and for which COUNCIL has granted you specific approval.

7. You are authorized to use COUNCIL’s marks, as specified herein, but only so long as COUNCIL consents to their use, and only in a manner that is in accordance with the terms and conditions acceptable to COUNCIL, as COUNCIL may determine from time to time.

8. COUNCIL authorizes you to display the licensed marks on your equipment as authorized. In conjunction with the authority to display the licensed marks on your equipment, and so long as COUNCIL in its sole and absolute discretion deems advisable as part of promoting the “Get Motorcoachified” Campaign, COUNCIL also authorizes you to display the licensed marks on your facilities, signage, advertising, publications, letterhead, websites or other media in any tasteful manner approved by COUNCIL. As with all other aspects of this License, COUNCIL reserves the right, in COUNCIL’s sole and absolute discretion, to revoke, modify or amend such authorization or its terms or conditions at any time.

9. COUNCIL reserves the right to license the sale and installation of “bus wraps” or other decal packages to such Authorized Vendor(s) as COUNCIL in its sole discretion may approve from time to time. Unless revoked, otherwise amended or modified, this License Agreement authorizes you to select one or more of the Authorized Vendors, and to purchase and obtain from those Authorized Vendor(s) such “bus wraps” or other decal packages as COUNCIL may have licensed the Authorized Vendor(s) to manufacture, print or produce, offer and install to Participants in the “Get Motorcoachified” Campaign. You are not authorized to purchase and obtain such “bus wraps” or other decal packages from any Vendor until or unless (1) you have informed COUNCIL of your Vendor selection, (2) COUNCIL has transmitted to such Vendor confirmation that you have agreed to this License Agreement and (3) that COUNCIL has confirmed to the Vendor COUNCIL’s authorization for the Vendor to sell to you and install such licensed “bus wraps” or other decal packages.

10. You and the Authorized Vendor are alone responsible for confirming the price, style, size, color and placement of the “bus wraps” or other decal packages you select. Any purchase by you and sale by the Authorized Vendor to you must be appropriately documented between you and the Vendor. COUNCIL’s role in your selection, order and purchase of the campaign “bus wraps” or other decal packages is limited to facilitating and authorizing the licensing of use, purchase and sale, authorization for you to purchase and for the Vendor to sell and install the same. As part of COUNCIL’s licensing confirmation process with the Authorized Vendor you have selected, COUNCIL may at its election from time provide you with online interfaces or gateways for selecting your requested style, size, color and placement of your “bus wraps” or other decal packages. COUNCIL may also, at its election, use such information in notifying the Authorized Vendor of COUNCIL’s authorization for the Vendor to sell and install the “bus wraps” or other decal packages you have selected. You and such Authorized Vendor, however, at all times agree to remain fully responsible for directly confirming between one another the accuracy and completeness of your order with that Vendor, and you agree that COUNCIL shall have no liability, including any actual or consequential or incidental damages, lost profits or otherwise, with respect to the transmission or accuracy of your selection, or the Vendor’s accuracy in filling your order. COUNCIL may also, at its election, include information on its web site reflecting estimated price ranges for particular sizes or styles of “bus wraps” or other decal packages, but any such information is provided as a reference point only, and may or may not reflect a current, accurate or complete estimate of actual pricing, which is established by the Vendors themselves. The pricing, terms and conditions for the sale and installation of any such “bus wrap” or decal packages from any Authorized Vendor you have selected, however, are solely and exclusively between you and the Authorized Vendor of your choice.

11. You, and any Vendor from whom you elect to order and purchase any authorized “bus wraps” or other decal packages, agree to the payment of a campaign royalty or licensing fee to COUNCIL in an amount ranging from five percent (5%) to thirty percent (30%) of the total invoice amount(s) charged by the Vendor for the sale and installation of such “bus wraps” or other decal packages. Such 5% - 30% campaign fees shall be payable by the Vendor or as otherwise directed by COUNCIL.

12. You acknowledge that such Authorized Vendors are acting only as independent contractors or sellers that are licensed to manufacture, print or produce, and to offer and install such “bus wraps” or decal packages, that such Authorized Vendors are not acting as agents or employees of COUNCIL, and that the same are not authorized to make any representations, warranties, promises, contracts or otherwise speak for or bind COUNCIL.

13. You further acknowledge and agree that any warranty or guaranty of workmanship or quality, including any implied warranty of merchantability or fitness for particular purpose are solely and exclusively those of the Authorized Vendor alone, and not those of COUNCIL. You agree to look solely to the Authorized Vendor you select for completion and performance of the sale and installation transaction. COUNCIL SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, IMPLIED OR OTHERWISE, AND ANY LIABILITY OR DAMAGES, ACTUAL, CONSEQUENTIAL, INCIDENTAL OR OTHERWISE, WITH RESPECT TO THE PURCHASE, SALE, INSTALLATION OR USE OF ANY OF THE “BUS WRAPS” OR OTHER DECAL PACKAGES.

14. By entering, exercising or continuing to exercise this Licensee, or by using or continuing to use any of the marks covered by this license, you acknowledge and agree that COUNCIL has a vested interest in protecting, for its benefit and that of all of its members, the goodwill and reputation established by COUNCIL and that is represented by its service marks, and you agree to adhere to and comply with all terms and conditions for the use of COUNCIL’s marks, and to otherwise protect COUNCIL’s interests and reputation as represented by such marks.

15. In using any of COUNCIL’s marks, you must also use the “SM” designation in connection with its marks, to identify the mark as one in which COUNCIL claims service mark rights by law. With respect to any of COUNCIL’s marks that become registered with the U.S. Patent and Trademark Office, you must also use the “®” designation in connection with its marks, to identify the mark as one in which COUNCIL has secured registration rights by law.

16. In using either the name “Motorcoach Council, Inc.” (COUNCIL), the COUNCIL logo, the phrase “COUNCIL Participant,” the phrase “Get Motorcoachified,” the phrase “Get Motorcoachified Campaign Participant” or any similar phrase or portion thereof referencing COUNCIL or the Campaign, in any written material, literature or advertising, including websites, you should include a statement that the same are service marks owned by the Motorcoach Council, Inc., and are used only by permission.

17. As a condition to this License and your use of COUNCIL’s marks, you agree to display on your company website a link to COUNCIL’s www.GetMotorcoachified.com website, in accordance with such guidelines as the COUNCIL may prescribe from time to time. Provided that maintain eligibility as a Participant and remain in full compliance with all License and Campaign requirements as modified from time to time, COUNCIL may, in its continued discretion, recognize you on its website as a Participant with a link to your site. Your receipt of a directory listing on the www.GetMotorcoachified.com website is subject to confirmation that you have purchased and installed at least one qualifying campaign graphic (bumper wrap, full or partial coach wrap). You may appear within the campaign directory under multiple locations as long as each location listed has/uses physical equipment displaying the Get Motorcoachified campaign graphics.

18. COUNCIL reserves the right to modify or revoke this License at any time. This License continues only so long as COUNCIL consents to your use of COUNCIL’s marks. This License shall terminate upon the earlier of: (1) COUNCIL’s decision in its sole discretion to revoke it, (2) any misuse of the marks or breach of the terms and conditions as established from time to time by COUNCIL for its use, or (3) termination of your COUNCIL Participant status in COUNCIL or its Campaign.

19. This License is transferrable, but only in accordance with and subject always to COUNCIL’s consent. At its election, and upon notice to and consent by COUNCIL, this License may be transferred with respect to any equipment that you own upon your sale or transfer of the equipment to another person or entity, or upon your leasing of the equipment to others where care and maintenance of the equipment is to be performed by others, or with respect to equipment that you lease from others upon termination of the lease or your possession of the equipment.

20. COUNCIL also reserves the right to change, or add any restrictions or conditions to the use of its marks, and you agree to be bound by and comply with the same.

21. COUNCIL’s consent for your use of the marks covered by this License is expressly conditioned upon your strict adherence to and compliance with the terms and conditions of this license, including any limitations, requirements, terms or conditions that COUNCIL may from time to time establish or communicate to you.

22. No other person or entity may legally use COUNCIL’s marks in any manner, without COUNCIL’s express written consent and permission. As owner of the service marks, COUNCIL alone has the right to grant permission (license) the use of the marks by any person or entity. COUNCIL also has the right to establish the terms, condition and manner in which anyone is permitted to use the mark. COUNCIL may refuse anyone permission to use it, and may revoke its consent or permission for the use of the mark.

23. Any use of the mark must be in accordance with the terms and conditions that COUNCIL imposes. Any use of the mark by any person who does not have COUNCIL’s consent, or any use of the mark in a manner that violates the terms of conditions of use as granted by COUNCIL, constitutes infringement that is actionable under state and federal law.

24. If you observe or are made aware of any unauthorized use or infringement of COUNCIL’s marks, you are required to immediately notify COUNCIL.

25. In the event of termination of this License, your COUNCIL or Campaign Participant status, in the event of any revocation by COUNCIL of the right to use the service mark, you must immediately discontinue further use of the mark, and remove it, and any decals or signage containing it, from all of your equipment, facilities, advertising, publications, letterhead, websites or other media. In the event of your sale, transfer or lease of any particular equipment, or upon particular equipment no longer meeting the equipment qualifications as set by COUNCIL from time to time for display of the marks, you must immediately discontinue further use of the mark on such equipment, and remove it, and any decals or signage containing it, from such equipment.

26. By completing and submitting the online form, you are representing and certifying that you are an authorized representative of your company, with authority to enter into this Agreement on behalf of your company.

27. You signify your agreement to this License by clicking “I AGREE”, which action will be electronically recorded in COUNCIL’s database. Should you at any time decide that you do not agree with the terms and conditions of this License and wish to terminate it, contact the COUNCIL in writing at Motorcoach Council, Inc., 3875 W. 64th St., Bldg. C, Denver, Colorado 80221, or at pr@motorcoachcouncil.org.