Trademark Guidelines

Early Warning Trademark Guidelines

SCOPE

These Early Warning Trademark Guidelines are for Early Warning licensees, authorized resellers, developers, customers, and other parties wishing to use Early Warning’s trademarks or service marks (collectively “Marks”) in promotional, advertising, instructional, reference materials, or any other public facing materials. Use or display of Early Warning’s Marks for commercial purposes without prior written authorization from Early Warning may constitute trademark infringement and/or unfair competition under federal and state laws. As such, use or display of Early Warning’s Marks may be prohibited unless expressly authorized by Early Warning in writing. Please view the non-exhaustive Early Warning Trademarks list for some Marks these Guidelines apply to. It is important to understand and acknowledge that many uses of Early Warning Marks, including any of our logos, icons, slogans, taglines, and other designs, will require a license prior to use and are not subject to these Guidelines herein.

LEGAL NOTICE

If you are a licensee of an Early Warning Mark under a valid and existing license agreement and have been provided with special brand usage guidelines with said agreement, please follow the applicable brand guidelines. Alternatively, if your license agreement does not provide special brand usage guidelines, or if you are a licensee and are using Early Warning Marks for an Authorized Use described below, then follow these Guidelines. If you are an Early Warning authorized reseller or customer of Early Warning products or services, you may be subject to additional restrictions and/or limitations.

By using an Early Warning Mark, in whole or in part, you are acknowledging that Early Warning is the sole owner and claimant of said mark. As such, any use of Early Warning’s Marks inures solely to Early Warning’s benefit and all use must comply with these Trademark Guidelines, or other licensing/contractual arrangements with Early Warning. At a minimum, you promise and agree that you will not interfere with, challenge, or otherwise dispute Early Warning’s rights, title, and interest in and to the Early Warning Marks, anywhere in the world. For avoidance of doubt, third parties, including licensees, may never claim ownership rights, title, or interest in Early Warning’s Marks, or brands that are confusingly similar to Early Warning’s Marks, in any manner, including, without limitation, as a trademark, service mark, company name or designation, domain name, social media profile/handle, or in any other manner.

Except to the limited right to use as expressly allowed under these Guidelines, Early Warning grants no other rights of any kind hereunder, by implication or otherwise. Early Warning, in its sole discretion, expressly reserves the right to terminate, revoke, modify, or otherwise change authorization to use and display its Marks at any time as well as the right to object to any use or misuse in any jurisdiction without geographical restriction/limitation.

AUTHORIZED USE OF EARLY WARNING MARKS

  1. Promotional, Advertising, and Sales Materials. Only Early Warning and its authorized licensees and resellers may use Early Warning’s logos, icons, and other designs in promotional, advertising, and sales materials, provided that such rights are granted by Early Warning in a separate agreement. For the avoidance of doubt, authorized parties may use and display Early Warning’s logos, icons, and other designs to the extent specified in their executed agreement(s) with Early Warning and any associated branding guidelines, provided that such use carries out or furthers the business purpose of the relationship authorized by their agreements with Early Warning.
  2. Informational Materials, Publications, Conferences, and Seminars. You may use an Early Warning standard character word mark in connection to providing publicly available information about Early Warning products and services to be used in connection with conferences, presentations such as seminars, and publications such as periodicals, magazines, and book titles, provided that you comply with each of the following:
    1. The subject Early Warning standard character word mark must be used in a referential manner and must appear less prominent than the surrounding text. For example, the following uses are acceptable:
      1. Seminar entitled: “HOW TO SEMINAR for [Zelle®/PazeSM] Users”
      2. “ABC CONFERENCE for Zelle® Network Members.”
    2. The subject use must reflect favorably on both Early Warning’s reputation and goodwill as well as its products/services.
    3. Your name and design mark (i.e., logo, icon, etc.) must appear more prominent than the subject Early Warning standard character word mark on any and all printed materials in connection to the publication, conference, or seminar.
    4. Only Early Warning standard character marks may be used. Early Warning’s logos, icons, slogans, taglines, and other designs in graphic or image form may not appear anywhere on or in the publication or materials in connection to the publication, conference, or seminar without the express written authorization from Early Warning.
    5. A trademark benefit or attribution notice must be included in the appropriate section of said publication, conference, or seminar giving proper notice of Early Warning’s ownership and claim to its mark(s). Please review the section below entitled “Proper Trademark Attribution and Notice.”
    6. Must include a disclaimer of affiliation, endorsement, or sponsorship by Early Warning on or in the publication and all related printed materials. For example: “[Title/Name] is an independent [publication/conference/seminar] and has not been authorized, approved, sponsored, or otherwise endorsed by Early Warning Services, LLC.”
  3. Developer Reference. Developers may use or display Early Warning’s word marks (i.e. standard character marks that are not in logo, icon, or other design/graphic form) in a referential manner on promotional and advertising materials to describe that the third party product or service was developed with the referenced Early Warning technology or service, provided that such Developers comply with each of the following:
    1. The subject Early Warning standard character word mark is not part of the product/service name; and
    2. The subject Early Warning standard character word mark appears less prominent than the product/service name and/or applicable surrounding text; and
    3. The subject product/service is in fact developed with, or otherwise works with, the referenced Early Warning product/service; and
    4. The subject Early Warning standard character word mark is used in reference form such as:
      1. “developed with”
      2. “for”
      3. “for use with”
      4. “works with”
    5. The referenced Early Warning standard character word mark does not portray or otherwise suggest a false affiliations, endorsement, or sponsorship with Early Warning or Early Warning’s products and services; and
    6. The use or display does not have a negative impact on Early Warning or its products/services (i.e., use that questions the goodwill, for example, in a false or derogatory manner).
  4. Websites/Webpages. Websites and webpages that are, in its entirety, for noncommercial electronic informational purposes only, in connection to an Early Warning product or service, may use or display the applicable Early Warning standard character word mark, provided that such use complies with the requirements set forth in Paragraph 2 above entitled “Publications, Conferences, and Seminars.”
  5. Zelle® Marketing for Small Businesses. Only small businesses that are enrolled with Zelle® directly with their financial institution may use certain Zelle® trademarks to reference that they accept Zelle®. To access these materials, the small business must agree to and comply with the Terms of Use, License Agreement, and Zelle® Trademark Guidelines. For more information, please visit Zelle® Marketing for Small Businesses.

UNAUTHORIZED USE OF EARLY WARNING MARKS

  1. Company, Product, and Service Names. You may not use, register, apply to register, or otherwise interfere with, in whole or in part, any Early Warning Mark or Early Warning owned logos, icons, symbols, or other design images/graphics, or any alteration thereof, as part of a trademark, service mark, company name or designation, domain name, social media profile/handle, or in any other manner, or in connection with websites/webpages, products, packaging, promotional or advertising materials, manuals, or for any other purpose except as allowed under a separately executed express written agreement with Early Warning.
  2. Affiliation, Endorsement, or Sponsorship. You may not use or display any Early Warning Mark, including any Early Warning owned logos, icons, symbols, or other design images/graphics, in a manner that would suggest or otherwise imply Early Warning’s, support, endorsement, sponsorship, or affiliation with or of a third-party product or service.

  3. Abbreviations or Variations. You may not use, for any purpose, an image or graphic of a genuine Early Warning or other variation/alteration of any Early Warning logo, icon, symbol, or other design image/graphic, including without limitation, an abbreviation, variation, phonetic equivalent, foreign language equivalent when translated. For example, the following are unacceptable:

    Earlee Warning

    Jelle

    CellPay

    Paize

    Payze

  4. Harmful or Disparaging Manner. You may not use any Early Warning Mark or Early Warning owned logos, icons, symbols, or other design images/graphics in a harmful or disparaging manner whatsoever.

  5. Early Warning’s Slogans, Taglines, and Trade Dress. You may not use or imitate: (1) an Early Warning slogan or tagline; and (2) any distinctive Early Warning website design, logos, or typefaces. For example, the following are unacceptable:

    This is the Way Money Moves® 

    Life Happens When Money Moves® 

    A purple themed website in connection with financial services

  6. Domain Names. You may not use or park an identical or substantially similar Early Warning Mark as a second level domain name. For example, the following are unacceptable:

    early-warning.com 

    earlywarningzelle.com 

    zellemart.com 

    pazemart.com 

    pazecheckout.com

     

  7. Merchandise. You may not manufacture, make, use, sell, or otherwise create or provide merchandise items (i.e., hats, shirts, mugs, etc.), which display or otherwise endure Early Warning, Zelle, Paze, or any other Early Warning Mark, including all Early Warning owned logos, icons, symbols, or other design images/graphics, unless expressly permitted to do so under a separately executed written agreement from Early Warning.

NON-EXHAUSTIVE RULES FOR PROPER USE OF EARLY WARNING MARKS

  1. Do Not Use as Nouns or Verbs. Trademarks are adjectives, not nouns or verbs. Nouns are the generic name of a product or service, and verbs describe the act of such generic term. The following examples are provided as reference for proper usage:
     

    AcceptableDisburse money with Zelle® paymentsUse Zelle® to pay meI paid you via Zelle®Send me money with Zelle®
    AcceptableCheck out with PazeSMUse PazeSM to complete your purchaseEnhance your online shopping experience by using PazeSM
    UnacceptableZelle® your fundsZelle® meI Zelle’d youSend a Zelle®
    UnacceptablePazeSM your purchasePazeSM itI Paze’d the amountPazeSM your cart

  2. Do Not Use in Plural or Possessive Form. Even as adjectives, trademarks shall never be used in the plural or possessive form. The following examples are provided as reference for proper usage:
     

    AcceptableI sent multiple payments using Zelle®Zelle Network®Power of Zelle®
    AcceptableI sent completed multiple purchases using PazeSMPazeSM checkout SolutionPower of PazeSM
    UnacceptableI sent multiple ZellesZelle’s networkZelle’s power
    UnacceptableI completed multiple PazesPaze’s checkout solution

    Paze’s power

  3. Do Not Use as an Entity Name. Do not use the any trademark as a business or entity name. The Entity Name is the legal name of the business and is the official name of a company. For example: Early Warning Services, LLC. Trademarks, on the other hand, are designations so that consumers can differentiate goods and services amongst competitors in the marketplace. They are indicators of source. For example: Zelle® and PazeSM for financial services. Typically, trademarks are owned by said Entity Name.
     

    Acceptable

    Early Warning Services, LLC partners with [Third-Party] to offer [Zelle® / PazeSM].

    Early Warning Services, LLC contracts with [Third-Party] to bring [Zelle® / PazeSM] to life.

    The employees of Early Warning Services, LLC introduce [Zelle® / PazeSM], a solution…
     

    Unacceptable

    PazeSM partners with [Third-Party] to reduce abandoned online shopping carts.

    PazeSM contracts with [Third-Party] to introduce new features to change online checkout experiences.

    [Zelle® / PazeSM] develops a secure authentication method aimed at reducing fraud.

    Zelle® partners with [Third-Party] to raise fraud awareness.

    Zelle® contracts with [Third-Party] to introduce new features to improve transactions between enrolled consumers.
     

  4. Use of Appropriate Generic Terms Following Trademark Usage is Encouraged. It is encouraged to include an appropriate generic term following the first time a trademark appears in any printed materials, and as often as possible after that (within reason of course). For example: “Use Zelle® to make payments” or “Use PazeSM to check out.”
  5. Spelling and Capitalization. Always mirror the spelling and capitalization of Early Warning Marks exactly as they appear in the non-exhaustive Early Warning Trademarks List.

PROPER TRADEMARK ATTRIBUTION NOTICE

  1. Use or Display Within the United States. Any content or material distributed in the United States must:

(a) Use the appropriate trademark symbol (i.e., TM, SM, or ®) in compliance with Early Warning’s applicable branding guidelines. If you are unsure or in doubt, please include the appropriate trademark symbol; and

(b) Include an attribution of Early Warning’s ownership in and to the rights, title, and interest of its Marks within the relevant credit notice section. As applicable, the following formats shall be used for any attribution:

__________ and the __________ related marks are wholly owned by Early Warning Services, LLC and are used herein under license.

__________ and the __________ related marks are wholly owned by Early Warning Services, LLC.

For your reference and example, here are completed attributions:

  • Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
  • Paze and the Paze related marks are wholly owned by Early Warning Servces, LLC.

 

  1. Use or Display Outside the United States. Any content or material distributed outside the United States must:

(a) not use trademark symbols (i.e., TM, SM, or ®); and

(b) Include an attribution of Early Warning’s ownership in and to the rights, title, and interest of its Marks within the relevant credit notice section. The following format shall be used for any attribution:

____________ and the ___________ related marks are wholly owned, registered or otherwise claimed by Early Warning Services, LLC in the U.S. and/or other countries and regions.

For your reference, here are completed attributions:

  • Zelle and the Zelle related marks are wholly owned, registered or otherwise claimed by Early Warning Services, LLC in the U.S. and/or other countries and regions.
  • Paze and the Paze related marks are wholly owned, registered or otherwise claimed by Early Warning Services, LLC in the U.S. and/or other countries and regions.