REASONABLE SUPPORT AND
GUIDANCE TO THE MEMBERS OF THE NTL GROUP ENGAGED IN THE LICENSED ACTIVITIES, AS
MAY BE REQUESTED FROM TIME TO TIME, IN RELATION TO THE MEMBERS OF THE NTL
GROUP'S USE AND/OR PROPOSED USE OF THE MARKS.
5.12
VEL SHALL USE ALL REASONABLE EFFORTS TO ENSURE
THAT THE MEMBERS OF THE NTL GROUP ARE TREATED NO LESS FAVOURABLY THAN OTHER
VIRGIN COMPANIES.
5.13
THE PARTIES ACKNOWLEDGE THAT THE NTL GROUP
MAY NOT CURRENTLY COMPLY WITH ALL ASPECTS OF THE DIRECT SELLING POLICY BUT THAT,
PRIOR TO LAUNCH OF PRODUCTS OR SERVICES UNDER THE MARKS, IT WILL COMPLY WITH THE
DIRECT SELLING POLICY WITH RESPECT TO THOSE PRODUCTS OR SERVICES.
6.
TRADE MARK PROTECTION
6.1
THE LICENSEE ACKNOWLEDGES VEL'S RIGHT,
TITLE AND INTEREST IN THE MARKS (SUBJECT TO THIS DEED) AND UNDERTAKES NOT TO DO
AND SHALL PROCURE THAT THE MEMBERS OF THE NTL GROUP SHALL NOT DO ANY ACT WHICH
WOULD JEOPARDISE OR INVALIDATE THE REGISTRATION OF THE MARKS NOR TO DO ANY ACT
WHICH COULD GIVE RISE TO ANY APPLICATION TO REMOVE THE MARKS OR WHICH WOULD
OTHERWISE PREJUDICE IN A MATERIAL WAY VEL'S RIGHT, TITLE AND INTEREST IN THE
MARKS.
6.2
THE LICENSEE AND VEL EACH UNDERTAKE THAT
THEY SHALL, AND THE LICENSEE SHALL PROCURE THAT RELEVANT MEMBERS OF THE NTL
GROUP SHALL, AT THE OTHER'S REQUEST AND AT THEIR OWN EXPENSE, EXECUTE OR PROCURE
THE EXECUTION OF ANY DOCUMENT WHICH MAY BE NECESSARY TO ALLOW RECORDAL OF THE
RIGHTS GRANTED TO THE MEMBERS OF THE NTL GROUP BY THIS DEED AND THE
CORRESPONDING CANCELLATION OF SUCH RECORDAL ON THE EXPIRY OR TERMINATION OF THIS
DEED, FOR WHATEVER REASON.
6.3
THE LICENSEE SHALL NOT AND SHALL PROCURE
THAT NO MEMBER OF THE NTL GROUP SHALL SEEK ANY REGISTRATION OF ANY TRADE MARK,
COPYRIGHT, DOMAIN NAME OR ANALOGOUS RIGHT WHICH IS IDENTICAL WITH OR CONFUSINGLY
SIMILAR TO ANY OF THE MARKS OR WHICH OTHERWISE INCORPORATES THE "VIRGIN" NAME.
VEL AGREES, AT THE LICENSEE'S COST, TO REGISTER ANY
37
ADDITIONAL AND AVAILABLE DOMAIN NAMES COMPRISING A NEW AND RELEVANT DOMAIN NAME
SUFFIX RELATING TO THE LICENSED ACTIVITIES AND CONTAINING THE NAMES AS ARE
REASONABLY REQUESTED BY THE LICENSEE, AND ALL SUCH DOMAIN NAMES SHALL, WHEN
REGISTERED, AUTOMATICALLY BE DEEMED "DOMAIN NAMES" FOR THE PURPOSES OF THIS
DEED. THE LICENSEE SHALL BE RESPONSIBLE FOR ADMINISTERING SUB-DOMAINS FOR WHICH
NO REGISTRATION IN REQUIRED AND APPLYING FOR AND MAINTAINING SSL LICENCES (E.G.
CERTIFICATES FOR SECURE WEBSITES) IN THE NAME OF VEL, FOR WHICH PURPOSE VEL
CONSENTS TO THE USE OF ITS NAME ON SUCH APPLICATIONS AND REGISTRATIONS AND
AGREES TO PROVIDE ITS REASONABLE ASSISTANCE (INCLUDING, WITHOUT LIMITATION,
INFORMATION) AS THE LICENSEE MAY FROM TIME TO TIME REQUIRE FOR THESE PURPOSES.
6.4
VEL SHALL TAKE ALL REASONABLE STEPS TO
ENSURE THAT THE REGISTRATIONS OF THE MARKS COVER (AND, IF APPLICABLE, ARE
EXTENDED TO COVER) THE SCOPE OF THE LICENSED ACTIVITIES TO THE EXTENT THAT
REGISTRATIONS ARE AVAILABLE IN THE TERRITORY AND SHALL ACCORDINGLY MAKE ALL SUCH
FORMAL TRADE MARK APPLICATIONS