dōTERRA Intellectual Property, including its trademarks, service marks, trade names, trade dress, and the content of its publications, are valuable assets. By using dōTERRA Intellectual Property, Wellness Advocates agree and acknowledge that there exists great value and goodwill associated with the dōTERRA Intellectual Property, and acknowledge that dōTERRA has all rights to the property and that the goodwill pertaining thereto belongs exclusively to dōTERRA. Further, Wellness Advocates also acknowledge that the intellectual property has a secondary meaning in the mind of the public. Intellectual property is protected by federal, provincial and international copyright and trademark laws and other proprietary rights. These rights are protected in all forms, including media and technologies existing now or hereinafter developed.
The Content in dōTERRA Approved Sales Aids and its official website, including the text, graphics, logos, audio clips, music, lyrics, video, photographs, software, and other information is the property of dōTERRA and/or its affiliates or partners, or, is licensed to dōTERRA from third parties. Because dōTERRA does not own all of the content, dōTERRA will not license to a Wellness Advocate what it does not own. Accordingly, when using dōTERRA Intellectual Property and content, Wellness Advocates agree to only use Allowed Content as expressly defined and granted herein.
Proper Use of Trademarks
Wellness Advocates must properly use dōTERRA Intellectual Property, as follows: Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service. As adjectives, trademarks may not be used in the plural or possessive form. Correct: “You should buy two Zendocrine bottles.” Not Correct: “You should buy two Zendocrines.”
Use of Allowed Content Within Canada
On communications that will be distributed only in Canada, Wellness Advocates must use the appropriate trademark or copyright symbol (TM/MC, ®/MD, ©) the first time dōTERRA Intellectual Property appears.
Wellness Advocates must refer to and use the correct spelling of the trademark or copyright, and generic term to use with the trademark. Generally, the symbol appears at the right shoulder of the trademark, but exceptions may exist.
Wellness Advocates must include an attribution of dōTERRA’s ownership of its Allowed Content within the credit notice section of a Wellness Advocate’s Sales Aid, personal website, or social media. The following are the correct Canadian formats for trademarks:
- For registered trademarks in Canada: _________ is a registered trademark of dōTERRA Holdings, LLC
- For unregistered trademarks in Canada: _________ is a trademark of dōTERRA Holdings, LLC
Use of Allowed Content Outside Canada
Wellness Advocates should not use trademark symbols on product communications that will be distributed outside Canada.
Acknowledgment of Rights
Wellness Advocates agree that all Allowed Content is owned exclusively by dōTERRA or licensed to dōTERRA. Except for the limited rights granted by the Agreement for the term of the Agreement, Wellness Advocates acknowledge that dōTERRA hereby retains all legal title to and beneficial ownership of, and all rights to, the intellectual property and all intellectual property rights related thereto for all purposes. Wellness Advocates agree to assist dōTERRA to protect dōTERRA’s rights in the intellectual property at dōTERRA’s request.
Agreement to Protect
Wellness Advocates agree to assist dōTERRA to the extent necessary in the procurement of any protection or to protect any of dōTERRA’s rights to the Allowed Content.
Wellness Advocates agree that nothing contained in the Agreement shall be construed as an assignment or grant to the Wellness Advocate of any right, title, or interest in or to the Allowed Content, it being understood that all rights relating thereto are reserved by dōTERRA, except for the right to use the Allowed Content as expressly provided in the Agreement. Wellness Advocates agree that at the termination or expiration of the Agreement, Wellness Advocates will be deemed to have assigned, transferred, and conveyed to dōTERRA any trade rights, equities, goodwill, titles or other rights in and to dōTERRA Intellectual Property which may have been obtained by Wellness Advocates or which may have vested in Wellness Advocates in pursuance of any endeavors covered hereby, and that Wellness Advocates will execute any instruments requested by dōTERRA to accomplish or confirm the foregoing. Any such assignment, transfer, or conveyance shall be without other consideration other than the mutual covenants and considerations of the Agreement.
Wellness Advocates may not terminate the rights granted to dōTERRA in this Section 8.
A Wellness Advocate’s rights granted in this Section 8 may be terminated by dōTERRA upon immediate notice without the opportunity to cure should the Wellness Advocate do any of the following:
a. File a petition in bankruptcy or a petition to take advantage of any insolvency act;
b. commit any act of dishonesty;
c. fail or refuse to perform any other obligation created by this Agreement or any other agreement between the Wellness Advocate and dōTERRA or its affiliates;
d. make any misrepresentations relating to the acquisition of the rights granted herein, or engage in conduct which reflects unfavorably on dōTERRA or upon the operation and reputation of dōTERRA’s business; or
e. be convicted of a felony or any other criminal misconduct which is relevant to the Agreement.
In the event of termination of this license for any reason, Wellness Advocates shall immediately cease all use of the Allowed Content and shall not thereafter use any intellectual property, mark, or trade name similar thereto. Termination of the license under the provisions of this Section 8 shall be without prejudice to any rights which dōTERRA may otherwise have against the Wellness Advocate.
Rights are Personal
The rights and duties under this Section are personal to the Wellness Advocate and the Wellness Advocate shall not, without the written consent of dōTERRA, which consent shall be granted or denied in the sole and absolute discretion of dōTERRA, be assigned, mortgaged, sublicensed, or otherwise encumbered by the Wellness Advocate or by operation of law.
Each Wellness Advocate acknowledges and agrees that compliance with the terms of this Section 8 is necessary to protect the goodwill and other proprietary interests of dōTERRA. Accordingly, Wellness Advocates agree that in the event of any breach of this Section 8:
a. dōTERRA shall be entitled to injunctive relief and/or specific performance;
b. the Wellness Advocate shall not oppose such relief on the grounds that there is an adequate remedy at law; and
c. Wellness Advocates further stipulate and agree that any violation of this rule will inflict immediate and irreparable harm on dōTERRA; that the harm to dōTERRA exceeds any benefit that the Wellness Advocate may derive; and that dōTERRA shall be entitled, in addition to any other remedies that may be available, to immediate, temporary, preliminary, and permanent injunctive relief without bond; and that such injunctive relief may extend the post-termination period of this restriction for up to one (1) year from the date of the last violation of this provision. The provisions of this Section 8 survive the termination of the Agreement. Nothing herein waives any other rights and remedies dōTERRA may have in relation to the use of its Confidential Information or any other violations of the Agreement.