- If a product wins the NewBeauty Award, the Brand is eligible to use the appropriate NewBeauty award seal artwork in conjunction with the Brand's winning product(s), as well as the name of our magazine, "NewBeauty" (together, the "Licensed Material"), for the specified, permitted promotional usage for a specified time period (the “Term”).
- Seals are available for license for a period of up to three years following the grant of the award.
- Licenses may be purchased for a one year or three year term as follows: Licenses purchased for a one-year term must be renewed annually for continued use. Alternatively, within the first 12-months after the awards are announced, the Brand may purchase a license for a three-year term. In either event, if the term extends beyond the three years following award, the Brand may finish out its then-current term but will not be able to renew for time beyond the three years.
- If a product is selected for editorial coverage, the Brand is eligible to use the editorial review in conjunction with the Brand's winning product(s), as well as the name of our magazine, "NewBeauty" (together, the "Licensed Material"), for the specified, permitted promotional usage for a specified time period (the “Term”).
- The most recent Editorial Review for any product is available for license for a period of up to three years following publication. Licenses of Editorial Reviews are only available for one-year periods but are renewable within the three years following publication unless a more recent editorial review has been published.
The permitted usage type and the Term are specified in the Agreement. A new agreement must be issued by NewBeauty and/or by our licensing website, https://newbeautylicensing.com, to the Brand before the Brand may use the Licensed Material for a new usage type. Once issued, an agreement is final and non-cancelable.
All seals (by year) and usage types carry individual licensing fees. These fees are net flat fees based on usage type and permit use of the Licensed Material for the Term specified in the Agreement. At the time a Brand requests use of the Licensed Material, the current pricing that is in place applies and these fees will be detailed in the Agreement. The usage types and current pricing are outlined in the Pricing section of the NewBeauty Licensing website (https://newbeautylicensing.com).
NewBeauty seals are available for licensing for three years after the time they are awarded. Use of an expired NewBeauty Award seal will not be approved unless there is an active Agreement in place.
CONDITIONS OF USAGE
Your use of the Licensed Material is subject to the following conditions:
- All mock-ups using the Licensed Material must be approved by NewBeauty.
- The Licensed Material must be used as designed (if a seal) and in its entirety.
- The Brand shall not edit, paraphrase, overlay type, crop, retouch, distort, or otherwise modify the Licensed Material.
- When referring to a specific award, the designation's official wording must be used.
- The Licensed Material must be used in conjunction with the winning product(s) specified in the Agreement.
- Your usage must comply with the NewBeauty Style Guidelines https://newbeautylicensing.com/styleguide.
- The Licensed Materials cannot be translated into any other language. The English version can be used in the USA, and internationally subject to local laws and conditions.
- All transactions are final and non-cancelable, and no portion of the license fee is refundable under any circumstance.
- The License Agreement shall automatically terminate if any of the terms are violated. Upon expiration or termination of this Agreement, whichever occurs earlier, Licensee shall cease its Licensed Use of the Licensed Materials and shall destroy any digital replicas or copies of Licensed Materials.
- The license contained herein is a limited, revocable, non-exclusive, non-transferrable license to the Licensed Material for the specified use, subject to payment of the applicable license fee and subject to the conditions of this Agreement (including any Style Guidelines and other terms incorporated herein). The license may not be assigned, sublicensed, or transferred by the Brand. NewBeauty and/or its affiliates own and retain all right, title and interest in all NewBeauty trademarks, including without limitation, its name, brand logo, its award seals and all of its copyrights. Any and all goodwill inuring from any use of these trademarks and copyrights is owned by NewBeauty and its affiliates. All rights not expressly granted herein are reserved by NewBeauty and its affiliates.
- In the event that this Agreement is finalized by an agency on behalf of the Brand, the agency represents and warrants that it has full right and authority to do so on behalf of the brand and that all legal obligations arising out of this Agreement will be binding on both the agency and the brand, and that the agency and brand agree to be jointly and severally liable for the payment of amounts described herein.
- Brand hereby releases, indemnifies and agrees to protect, defend and hold NewBeauty and its affiliates, and their respective officers, directors, employees, agents, representatives, advisors, attorneys, successors and permitted assigns (collectively, the “Indemnitees”) harmless from and against any and all claims, liabilities, obligations, losses, suits, actions, legal or administrative proceedings, damages, costs, expenses, awards or judgments, including, without limitation, reasonable attorney’s fees and costs (whether or not suit is filed), any Indemnitee(s) may suffer or incur resulting or arising out of the use, reproduction, distribution, transmission, or display of the Materials by the Brand.
- This Agreement shall be governed by the laws of the State of New York without regard to its provisions concerning conflicts. All disputes arising hereunder shall solely be commenced in either the state or federal courts situated in New York, New York. Brand may not assign this Agreement and its rights and obligations under this Agreement to any third party without NewBeauty’s express prior written consent. If any provision of this Agreement is held invalid or unenforceable in any jurisdiction, the remainder of this Agreement shall not be affected thereby, and to this end, the provision of this Agreement deemed invalid or unenforceable shall be severable. This Agreement supersedes all previous and contemporaneous communications and understandings, whether oral or written, and constitutes the sole and entire agreement between the parties pertaining to the subject matter hereof. No modification or waiver of the terms of this Agreement shall be binding on either party unless made in writing and signed by a duly authorized representative of each party. This Agreement may be executed (digitally or otherwise) in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement