-
a) has as the primary teaching purpose the studying, teaching, disseminating and promotion of Iyengar Yoga without mixing or teaching other methods of yoga;
-
b) will teach only Iyengar Yoga and will not mix other methods of yoga with Iyengar Yoga;
-
c) has an IYAC/ACYI Level I or higher teaching certificate;
-
d) is a member in good standing of the IYAC/ACYI;
-
e) willteachIyengarYogainaccordancewiththeIYAC/ACYIguidelinesspecifictoher/his certification level;
-
f) will maintain all certification renewal criteria for Licensee’s level of certification;
-
g) willdisplayeitherCertificationMark#1orCertificationMark#2,asapplicable,onlyintheform provided by the Licensor and only consistent with the Licensor’s Trademark Use Guidelines as set forth in Section 4;
-
h) will read and comply with the IYAC/ACYI Code of Ethics as set forth in Exhibit A which is also available online here; and
-
i) if applicable, has obtained prior written permission from Yogacharya B.K.S. Iyengar, Geeta Iyengar, Prashant S. Iyengar or Abhijata S. Iyengar or an agent of any of them at the Ramamani Iyengar Memorial Yoga Institute, or their successor(s), if Licensee intends to use the Iyengar Mark or all or a portion of the name “B.K.S. Iyengar” in any business name used by or taught at by Licensee.
4. Quality Control
Licensee will meet the IYAC/ACYI Standards at all times during Licensee’s use of the Licensed Marks. Licensee will use the Licensed Marks in accordance with the Trademark Use Guidelines provided to Licensee by Licensor from time to time. Licensor’s Trademark Use Guidelines are set forth in Exhibit B which is also available online here and are incorporated into this Agreement by reference. Licensor will be entitled to monitor the quality of services provided by Licensee to ensure the IYAC/ACYI Standards and Trademark Use Guidelines are met at all times during the term of this Agreement. Licensee agrees to permit Licensor or its representative to monitor the quality of the services and Licensee will comply with any request by Licensor in association with such monitoring. At Licensor’s request, Licensee agrees to assist Licensor and provide information about unauthorized users of the Licensed Marks as set forth in the Trademark Use Guidelines.
5. Ownership
Licensor owns all rights, title and interest in and to the Licensed Marks. All goodwill in and to the Licensed Marks, including Licensee’s use of the Licensed Marks, will inure to the Licensor. Licensee will not use the Licensed Marks as its business or corporate name without the prior permission as set out in Section 2. Licensor has the sole and exclusive right, in its sole discretion, to protect and defend the Licensed Marks, at its sole cost and expense. Licensee will not use any trademarks, service marks, trade names or logos confusingly similar to the Licensed Marks. Licensee will not apply for, or register any trademarks, service marks, trade names or logos identical or confusingly similar to the Licensed Marks in any jurisdiction, whether in its own name or otherwise.
6. Fees
Licensee will pay a fee of Canadian $50.00 upon execution of this Agreement. Thereafter, Licensee will pay Licensor a fee of Canadian $50.00, or the licensing fee as determined by IYAC/ACYI for such year, every year upon renewal of this Agreement. In the event of termination of this Agreement prior to expiry of the term, no refund of the fee will be payable by Licensor to Licensee.
7. Term and Termination
This Agreement commences on the date it is signed by both parties. This Agreement will terminate on the first to occur of either (i) January 31st of the year immediately after the year in which the Agreement was signed or (ii) the day of the year on which a new Trademark License Agreement is signed between the parties. (By way of example only, if the Agreement was signed on January 10, 2021, the Agreement will terminate under this subsection on January 31, 2022 unless a new Trademark License Agreement is signed earlier in January 2022, in which case the Agreement will terminate on the date in January on which the new Trademark License Agreement will have been signed and the new Agreement will govern the relationship.) This Agreement will remain in effect during the term as long as Licensee meets the IYAC/ACYI Standards and makes the required license fee payments. The Licensor may terminate this Agreement if the Licensee fails to meet the IYAC/ACYI Standards or fails to make the required license fee payment, or if the Licensor determines that Licensee’s use of the Licensed Marks is in any manner likely to deceive or mislead the public or to endanger the validity or value of any of the Licensed Marks. Upon termination or expiration of this Agreement, Licensee will immediately discontinue all use of the Licensed Marks. If this Agreement is terminated or if the Licensee is no longer permitted by the Licensor to use the Licensed Marks or the Licensee abandons the use of it or is unable or unwilling to perform its services in conformance with the IYAC/ACYI Standards, Licensee will, as soon as reasonably practicable, cause all of Licensee’s uses of the Licensed Marks to be changed or expunged so as to eliminate any reference to the Licensed Marks; and will not thereafter use any trademark which so nearly resembles the Licensed Marks as to be likely to cause confusion or deception to the public.
