Applied Food Sciences -- Management

Legal Terms and Conditions

The following, which shall be interpreted and applied according to its fair meaning and import, regardless of authorship, are guidelines for displaying and/or selling AFS’ products, including but not limited to its Caffe Sanora® coffee products, and contain agreement terms to which you, agree to in consideration of AFS’ permission to use its Intellectual Property as prescribed.

AFS is a leader in the food, food supplement, and beverage markets. One of the results has been the development of AFS brands, such as our Caffe Sanora brand coffee, as premium products. The following guidelines have been created to uphold and maintain the quality image, reputation and integrity of AFS, our products and our brands.

Any company displaying any image originating with AFS, or using AFS Intellectual Property on the internet or otherwise, or selling AFS products on the internet or otherwise are requested to adhere to these guidelines. AFS reserves the right to refuse to sell AFS products to, and to refuse to allow the use of AFS Intellectual Property by, any company that does not adhere to the guidelines, without recourse by any such customer. AFS will use reasonable efforts to provide prior written notice when it believes that violations of these guidelines have occurred.

By using AFS Intellectual Property on your press items or in conjunction with your sale and promotion of AFS products, you agree to the terms end conditions of these guidelines, and agree to remove our Intellectual Property from display if advised to do so by AFS for being in violation of these guidelines or for any other reason deemed appropriate based on the sole discretion of AFS. If directed by AFS to remove our Intellectual Property from display for any reason as specified above, you agree to remove such intellectual property from such display within one (1) week of written notification from AFS.
AFS reserves the right to amend or modify these guidelines without prior notice.

1. Intellectual Property

a. AFS Intellectual Property includes all trademarked and/or copyrighted names, brands, photos, designs and images belonging to or licensed to AFS, registered or unregistered. Intellectual Property is a valuable asset to AFS. The purpose of these guidelines is to maintain the integrity of the AFS brands, including Caffe Sanora. Any infringement on AFS Intellectual Property, or violation of these guidelines is detrimental to the integrity of the AFS brands.

b. The following specific items are considered Intellectual Property and are the sole and exclusive property of AFS:

i. Trademarked names including, but not limited to APPLIED FOOD SCIENCES™, GCA®, PREVENTIUM™, REALCAL™, CAFFE SANORA®, A GREAT CUP OF GOOD HEALTH™, THE ORIGINAL ANTIOXIDANT COFFEE™ and HEALTHYROAST™, as well as any of the logos or marks associated with any of the above names. Without limiting the preceding, trademarks which are the subject of trademark registrations, or applications therefor by AFS (or licensors to AFS) shall conclusively be deemed to be AFS Intellectual Property. You agree that all use of AFS Intellectual Property shall inure to the sole benefit of AFS.

ii. Individual style and item names as used in any AFS catalog, other literature or printed matter and/or websites.

iii. All images or photos copyrighted by or licensed to AFS or used in our catalogs, website(s), or any other literature or printed matter produced by AFS or by any approved third party.

c. AFS Intellectual Property may only be used for the advertising and promotion of AFS products in compliance with these guidelines or the prior written approval of AFS.

d. AFS Intellectual Property is not to be used in conjunction with competitors’ products on the same printed material or web page with the exception of a website's Home page or search pages.

e. AFS intellectual Property cannot be altered in any way, with the exception of reasonable resizing.

f. AFS must assure that its Intellectual Property is used properly, only representing genuine AFS products, and that consumers purchasing genuine AFS products are fully satisfied with their purchases. Accordingly, retailers who desire to use AFS intellectual Property must, as a precondition, purchase all AFS products for resale directly from AFS or from authorized distributors. Internet retailers using AFS Intellectual Property on a website who do not purchase AFS products directly from AFS or its authorized distributors, will be directed to immediately remove all AFS Intellectual Property from their websites. Further, any authorized distributor, reseller or other third party selling AFS products to an unauthorized Internet retailer for resale will be in violation of these guidelines. In this situation, AFS reserves the right to refuse to sell AFS products to, and to refuse to allow the use of AFS Intellectual Property by any such company.

g. Customers using AFS Intellectual Property or selling AFS products on the Internet must notify AFS of all website URLs for sites on which any AFS Intellectual Property appears.

2. Photos/Images

a. All photos of AFS products used must be taken from high-resolution images converted to optimized JPFG format. AFS will supply these images. Images scanned from our catalogs, taken from non-AFS websites, or taken from AFS’ website other than ‘The Press Room” webpage are unacceptable for use for the purpose of displaying or selling AFS products.

b. When using color swatches on the Internet, AFS color swatches must be used to represent colors offered for all AFS styles. Competitors' color swatches cannot be used to represent AFS colors. Optimized JPEG color swatches will be provided by AFS.

c. All AFS products and intellectual Property must reside within a specific standalone area of the retailer's website that is accessible via an AFS link or graphics banner off of the homepage within this specific standalone area. AFS products may not be combined with competing products or products from other companies on the same web page. This request does not apply to the website's Home Page or web searches that will enable consumers to view products from a database returned search.

d. All AFS images and logos must be kept current. New images of a style or new logos must replace older images. Discontinued styles must be removed from display. AFS will periodically update by posting same on its Caffe Sanora website, by email or disc and will then expect the changes be implemented within 30 days after receipt of the update.

e. Photos of AFS products cannot be altered in any way with the exception of reasonable resizing.

3. All promotions for AFS products must have prior approval by AFS. Reasonable time must be provided to receive approval from AFS after submission of any promotional copy, prices, deals, etc. No coupons rebates or other promotional discounts are to be applied to AFS products to reduce the prices below the Internet Pricelist without the prior approval of AFS.

4. Copy

a. All copy used in conjunction with AFS products (other than supplied copy) must be approved by AFS. Reasonable time must be provided to receive approval from AFS after submission of any copy.

b. No reference of any affiliation or relationship to AFS may be made on any website(s) other than that of an independent retailer reselling AFS products.

c. All websites must note that all images of AFS products are copyrighted by AFS and cannot be reproduced without the permission of AFS.

d. Websites or print promotional materials displaying and/or selling AFS products that contain information or history about AFS must use a pre-approved written "company history" of AFS.

e. Approved AFS color descriptions must be used on all websites to adequately and uniformly describe our colors. Competitors' color descriptions or color charts cannot be used to represent AFS' colors or products.

f. It is recommended that copy concerning discounted prices (i.e. "lowest prices on the web", or "our prices will not be beat") not be used relating to AFS products, if this detracts from the premium brand image of AFS products.

5. The display or sale of AFS products is not permitted on auction websites or price comparison websites.

6. AFS reserves the right to limit or prohibit use of AFS Intellectual Property, or to reject orders by or from persons who are not current in payment and other obligations to AFS.

In consideration of AFS’ permission to use AFS Intellectual Property as provided above, you agree to the terms and conditions set forth above, and stipulate and agree that the agreement terms provided in this document are deemed enforceable in the State of Texas.