AND TRADE NAMES ARE NOT USED IN
COMBINATION WITH THE MARKS SO AS TO FORM A NEW OR COMPOSITE MARK (OTHER THAN AS
EXPRESSLY PERMITTED UNDER THIS DEED) WITHOUT THE PRIOR WRITTEN CONSENT OF VEL
(SUCH CONSENT NOT TO BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED); AND
(C)
SUCH TRADE MARKS AND TRADE NAMES ARE NOT USED IN
ANY MANNER WHICH IS NOT IN ACCORDANCE WITH HONEST AND COMMERCIAL PRACTICES OR
WITHOUT DUE CAUSE TAKES UNFAIR ADVANTAGE THEREOF OR COULD REASONABLY BE
CONSIDERED TO RESULT IN CONSUMER CONFUSION.
Domain Names and Internet Use
3.10
THE PARTIES AGREE AND ACKNOWLEDGE THAT THE
LICENSEE AND MEMBERS OF THE NTL GROUP SHALL PRIMARILY USE AND MARKET A DOMAIN
NAME AND A URL USING THE CHOSEN NAMES IN THE FORM "CHOSEN NAME.COM" AND
" NAME" AND THAT ANY OTHER
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DOMAIN NAMES SHALL PRIMARILY BE USED TO GENERATE ADDITIONAL TRAFFIC TO THE SITE
AND/OR FOR SPECIFIC ACTIVITIES OR PROMOTIONS.
3.11
THROUGHOUT THE TERM, VEL SHALL PROCURE THAT A
CLEARLY ACCESSIBLE HYPERLINK IS MAINTAINED (AND APPEARS 'ABOVE THE FOLD') ON THE
VIRGIN.COM WEBSITE (OR SUCH OTHER MAIN PORTAL WEBSITE OPERATED BY OR ON BEHALF
OF THE VIRGIN GROUP FROM TIME TO TIME) TO THE SITE AND THE LICENSEE SHALL AND
SHALL PROCURE THAT MEMBERS OF THE NTL GROUP SHALL ENSURE THAT A HYPERLINK IS
MAINTAINED ON THE SITE TO THE VIRGIN.COM WEBSITE (OR SUCH OTHER MAIN PORTAL
WEBSITE OPERATED BY OR ON BEHALF OF THE VIRGIN GROUP FROM TIME TO TIME).
Reservation of VEL's Rights
3.12
VEL SHALL NOT USE OR LICENSE THE USE OF THE
MARKS, THE NAME "VIRGIN", THE LETTER "V" OR ANYTHING CONFUSINGLY SIMILAR THERETO
IN THE TERRITORY AT ANY TIME DURING THE TERM IN RELATION TO COMMUNICATIONS
SERVICES BUT VEL AND/OR ANY VIRGIN COMPANY SHALL NOT BE PREVENTED BY VIRTUE OF
THIS DEED FROM USING THE VIRGIN MARKS IN RELATION TO:
(A)
PROMOTING THEIR OWN BUSINESS, PRODUCTS AND/OR
SERVICES AND/OR OFFERING THEIR PRODUCTS AND/OR SERVICES WITH REFERENCE TO THE
"VIRGIN" NAME IN THE TERRITORY THROUGH ANY THIRD PARTY COMMUNICATIONS SERVICES
OR COMMUNICATIONS NETWORK OR TO THE CUSTOMERS OF ANY THIRD PARTY COMMUNICATIONS
SERVICES OR COMMUNICATIONS NETWORK;
(B)
ANY NON-EXCLUSIVE RIGHTS UNDER THIS DEED;
(C)
OTHER EMAIL SERVICES AND OTHER WEBSPACE SERVICES;
(D)
COMMUNICATIONS SERVICES PROVIDED IN THE ORDINARY
COURSE OF BUSINESS WITHIN PREMISES AND LOCATIONS ORDINARILY FORMING PART OF THE
ACTIVITIES LICENSED BY VEL TO SUCH VIRGIN COMPANY WHERE THE PROVISION OF SUCH
COMMUNICATIONS SERVICES IS INCIDENTAL TO AND A MINOR ADJUNCT OF THEIR PRINCIPAL
BUSINESS INCLUDING, RETAIL OUTLETS, HEALTH AND FITNESS CENTRES, HOTELS,
AEROPLANES, TRAINS, CARS, MOTORCYCLES, SHIPS OR OTHER MODES OR TRANSPORT,
PRIVATE AIRPORT LOUNGES, TRAIN STATION LOUNGES AND OTHER TRANSPORTATION LOUNGES;
(E)
ANY CONTENT OFFERED BY VIRGIN COMPANIES, EXCEPT AS
SET OUT IN CLAUSE 3.1(A) (V) TO (VIII) AND SUBJECT TO THE PROVISIONS OF CLAUSE
3.4;
(F)
INTERNET CAFES; OR
(G)
SPONSORSHIP OF ANY SPORTS EVENTS, TOURNAMENTS,
LEAGUES OR TEAMS,
provided that:
(I)
ALL SUCH USE OF THE VIRGIN MARKS IN ACCORDANCE
WITH THIS CLAUSE, OTHER THAN IN