You are requesting to use copyrights and/or trademarks (intellectual property) belonging to Mr. Pickle's Inc (MPI), such as artwork, photographs, names and logos. Each piece of the MPI’s intellectual property is a valuable asset, and the rights in such intellectual property are exclusive to the MPI. You help us protect these intellectual property rights by accepting this Agreement.

By using any MPI image, you accept that the MPI is the sole owner of the intellectual property represented by that image and accept the terms of use set forth below.

The guidelines in this form were developed to establish a strong visual consistency of materials created for Mr. Pickles.

Use these guidelines to preserve the integrity of the Mr. Pickle’s brand and portray the distinct style that reflects the image and spirit of Mr. Pickle’s.

Logo Elements

There are three graphic elements that may be used to represent Mr. Pickle’s: The STANDARD LOGO, the WORD GRAPHIC and the PICKLE GRAPHIC. To avoid confusion, we will refer to these specific terms throughout this manual and in our business operations.

The Mr. Pickle’s “STANDARD” logo consists of two elements: the PICKLE GRAPHIC and the word “Mr. Pickle’s ” WORD GRAPHIC. As shown below these elements have been carefully designed to fit together in a balanced form and the relationship should not be altered when the two elements are used as one logo.

Acceptable Variations of the Logo

Maintaining brand consistency through standardized use of the logo is critical to the Mr. Pickles identity.

Therefore, the Mr. Pickle’s logo is available in several formats to meet any digital or print need.

 

GRAPHIC ELEMENTS

The PICKLE GRAPHIC and the WORD GRAPHIC may also be used individually when they appear as two clearly separate elements.

As outlined below, the PICKLE GRAPHIC and the WORD GRAPHIC may also be used separately. The WORD GRAPHIC may be used in lieu of the STANDARD logo and may be more appropriate for many applications, particularly small items or those on a dark background that should be reversed.

TYPOGRAPHY

Helvetica Narrow Bold and Myriad Pro (alternative Arial) are the primary type families. Any combination of these typefaces may be used, however, Myriad Pro is preferred for body copy and Helvetica Narrow Bold for headlines in print material. Preferably, all typography should be set aligned left and ragged right, upper and lower case and normal letter spacing. Font sizes should be appropriate to document size with consideration for readability.

As a general rule, body type should be set to a minimum of 9.5 pt with 15 pt leading when possible.

At no time should the colors outlined to the left be altered or changed.

Logos containing the green Mr. Pickles color should be printed on a clear, white, beige and black background only. Any other colored background should carry a black, white or a combination black/white logo.

Mr. Pickle’s Logo and Trademark Use Agreement

Mr. Pickle’s logos and trademarks are available to download from Mr. Pickle’s website or otherwise provided by Mr. Pickle’s or used by the recipient (“Recipient”) are subject to the terms and conditions of this Mr. Pickle’s Logo and Trademark Use

Agreement (the “Agreement”) by and between Mr. Pickle’s and Recipient. Prior to any use of the Mr. Pickle’s Logos and Marks, Recipient shall fill out the form below, carefully read the terms of the Agreement and click Agree as indicated below. Recipient represents to Mr. Pickle’s that the information listed below is accurate and correct.

 

Mr. Pickle’s Inc. LIMITATION ON USE OF INTELLECTUAL PROPERTY AGREEMENT

This Limitation on Use of Intellectual Property Agreement (“Agreement”) is entered into upon signing by and between Mr. Pickle’s Inc., a California corporation, Frank and Michele Fagundes (collectively, the “Owners”) and the below signed. ("Vendor”).

WHEREAS, the Owners are the owners of record for several trademarks registered with the U.S. Patent and Trademark Office and a common law trademark; and WHEREAS, Mr. Pickle’s Inc. is a franchisor of the Mr. Pickle’s Sandwich Shop for franchisees located in California and Nevada; andmWHEREAS, Vendor, designated by the Owners and/or their chosen Representative, as the authorized vendor for Mr. Pickle’s Inc.’s franchisee, is permitted to use the trademarks, as designated below, only as specified by the Owners and/or their chosen Representative pursuant to the terms and conditions contained herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Trademarks. The Owners are the owners of record for the following trademarks:

MARK REGISTRATION NUMBER TRADEMARK SYMBOL

PHRASE: MR. PICKLE’S SANDWICH SHOP 2,766,768 ®

IMAGE: Mr. Pickle 78,913,808 ®

In addition, the Owners are the owners of a mark that will be registered with the U.S. Patent and Trademark Office and is attached hereto as Exhibit “A”. This mark shall be displayed with “TM” until Vendor is provided written notification by the

Owners. Collectively, all of these marks are referred to herein as “Trademarks”.

2. Vendor’s Use of Trademarks.

a. Vendor shall not print, publish or circulate any documents or materials (including all clothing, brochures, advertising and other miscellaneous items) using any of the Trademarks, without one of the Owners’ prior express written consent. Before each intended use of the Trademarks, Vendor shall notify the Owners of the franchisee name and forward a copy of the franchisee’s order for prior express approval. After receiving written approval, Vendor is permitted to only use the Trademarks on the items stated in the franchisee’s order.

b. Vendor shall use the appropriate “®” or “TM” symbol necessary to be displayed by the Trademarks as required by the Owners, which may change upon written notification to Vendor.

c. Vendor shall not transmit the Trademarks via any electronic form, including email and facsimile, to any third-party, except to the Owners for approvals.

d. Use of the Trademark may be revoked at any time.

3. Breach of Agreement.

Vendor shall be in material breach of this Agreement if at any time Vendor does not follow the limitations on the use of the Trademarks as identified in Paragraph 2 above. The Owners shall be entitled to all damages for such unauthorized use and trademark infringement under California law and the Lanham Trademark Act of 1946, and for which the Owners may seek injunctive relief.

4. Miscellaneous.

(a) Governing Law. This Agreement has been entered into and shall be construed and interpreted in accordance with the laws of the State of California. Proper venue for any action to enforce any rights or obligations under this agreement shall be Superior Court of California, County of Placer.

(b) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same document.

(c) Binding Nature. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

(d) Entire Agreement; Modification. This Agreement constitutes the entire agreement and understanding between the parties regarding the subject matter hereof. This Agreement may not be modified except in a writing signed by each of the parties.

(e) Attorneys’ Fees. In the event of any action or proceeding to enforce a term or condition of this Agreement, any alleged disputes, breaches, defaults, or misrepresentations in connection with any provision of this Agreement or any action or proceeding in any way arising from this Agreement, the prevailing party in such action, or the non dismissing party when the dismissal occurs other than by a settlement, shall be entitled to recover its reasonable costs and expenses, including without limitation reasonable attorneys’ fees and costs of defense paid or incurred in good faith. The “prevailing party,” for purposes of this section, shall be deemed to be that party who obtains substantially the result sought, whether by settlement, dismissal or judgment.

(f ) Time. Time is of the essence in the performance of the parties’ respective obligations under this Agreement.

IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date written below: 

BY MR. PICKLE'S INC.

Representative will sign and approve after submission

VENDOR: