Section 12: Advertising and Use of the Company’s Intellectual Property Rights

A. dōTERRA Intellectual Property. dōTERRA Intellectual Property (see, Section 12B.8 of this Policy Manual) are valuable assets. By using dōTERRA Intellectual Property, WAs agree and acknowledge that there exists great value and good will associated with the dōTERRA Intellectual Property, and acknowledge that the Company has all rights to the property and that the good will pertaining thereto belongs exclusively to the Company. Further, WAs also acknowledge that the intellectual property has a secondary meaning in the mind of the public. Intellectual property is protected by Singapore 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 Company Approved Sales Aids and its official website, including the text, graphics, logos, audio clips, music, lyrics, video, photographs, software, and other information is the Intellectual 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 an WA what it does not own. Accordingly, when using dōTERRA Intellectual Property and Content, WAs agree to only use Allowed Content as expressly defined and granted herein.

B. Definitions.

1. Apparel: Apparel includes T-shirts, hats, and other clothing articles.

2. Allowed Content: Allowed Content means only the Content, which is quoted or published in the Singapore specific section of www.dōTERRA.com/tools.

3. Cinematic Media: Live or recorded electronic channels through which news, entertainment, education, data, or promotional messages are disseminated, including broadcasting and narrowcasting mediums such as TV, radio, film, and audio or video. Cinematic Media does not including Computer and Telephone Based Media.

4. Company Approved Sales Aids: Marketing materials approved for use in a specific Local Market designated in writing by the Company.

5. Company Produced Sales Aids: Company Produced Sale Aids means marketing materials created and distributed by the Company for use in a specific Local Market designated in writing by the Company.

6. Computer and Telephone Based Media: The transmission of Content by computer based systems, including but not limited to e-mail, blogs, social media, or web-site transmissions; and telephone or cell-phone based transmissions.

7. Content: Content means any text, graphics, logos, audio clips, video, photographs, software, or dōTERRA Intellectual Property which is found in the Company Produced Sales Aid(s), and the dōTERRA.com web site.

8. dōTERRA Intellectual Property: dōTERRA Intellectual Property means all intellectual property which dōTERRA Holdings, LLC or an affiliated company owns, or claims a right to use, including but not limited to trademarks, trade names, service marks, copyright, design rights, patents, know-how, confidential information and goodwill whether or not registered or registrable, and includes all such intellectual property in the Allowed Content, Company Produced Sales Aids and Content. 

9. Media Specific Guidelines: Media Specific Guidelines are Local Market specific guidelines which set usage standards of Allowed Content for a particular media format. Media Specific Guidelines must be adhered to and are posted on the Singapore specific section of www.doterra.com/tools.

10. Merchandise: Any item that bears dōTERRA Intellectual Property that is not apparel, cinematic media, Company Approved Sales Aids, Company Produced Sales Aids, Computer and Telephone Based Media.

11. Sales Aid: Any material, whether physically printed or in digital form, used in the offer or sale of Company products, recruitment of prospective WAs, or training of WAs, which makes reference to the Company, the Company products, the Sales Compensation Plan, or dōTERRA Intellectual Property.

12. Social Media: The use of web-based and mobile technologies to turn communication into an interactive dialogue.

C. Allowed Uses.

1. Subject to the Conditions of Use, WAs are permitted to use Allowed Content in the following instances: a. The creation and use of Sales Aids. b. The creation and use of a Computer or Telephone Based Media.

2. Subject to the Conditions of Use, WAs are permitted to use Allowed Content, with written approval from the Company, in the following instances: Apparel, Use in WA Name; Use on Buildings and Signs; Merchandise, and Use for any uncategorized purpose.

D. Conditions of Use. The Allowed Uses of Allowed Content are conditioned on the following:

1. Branding Guidelines and Media Specific Guidelines. Allowed Content may only be used according to the Branding Guidelines and Media Specific Guidelines that may be found only on the Allowed Content page(s) of the Singapore specific section of the dōTERRA website. Context and True Statements. WAs may not use Allowed Content out of context, or infer meaning other than the express meaning of the Allowed Content, by the use of modifiers, additional text, or other content. All content must be true and accurate.

2. Variations, Takeoffs or Abbreviations. WAs may not use a variation of the Allowed Content for any purpose, including phonetic equivalents, foreign language equivalents, takeoffs, or abbreviations. The following examples are unacceptable variations: “do’TERRA” or “doughTERRA” or deTIERRA”

3. Slogans and Taglines. WAs may not add to, subtract from, or modify in any way Company slogans or taglines. For example: Changing “Gift of the Earth” to “Gift from the Earth” or “Earthly Gifts” Singapore ©2013 dōTERRA International LLC, PolicyManual_SG_071415 27

4. Disparaging or Offensive Use. WAs may not use Allowed Content in a disparaging, offensive, or injurious manner.

5. Best Light. All Allowed Content must be shown only in the best light, in a manner or context that reflects favorably on the Company and its products.

6. Endorsement or Sponsorship of a Third Party. WAs may not use Allowed Content in a manner that would imply the Company’s affiliation with or endorsement, sponsorship, or support of any third party product or service, or any political cause or issue.

7. Use in Computer or Telephone Based Media. The following sections apply to Computer and Telephone Based Media.

a. Headers and Titles. The name “dōTERRA” may not be used, in any title, subtitle, or header to Computer or Telephone Based Media, without the text “an Wellness Advocate” being placed in the same line as, or directly below the title or header. “An Wellness Advocate” must be of a font size that is of a minimum of half the height of the title, subtitle, or header, and must be of a color and style that is equally visible as the title, or header.

b. Disclaimer. Each Computer or Telephone Based Media shall clearly indicate that it is not authored by dōTERRA, or any of its affiliated companies, and that the owner of the site bears all responsibility for the content.

c. Domain Names. WAs may not use dōTERRA Intellectual Property name(s) in a domain name without express written approval from the Company, which consent shall be within the sole discretion of the Company. Such use must also be through a written use agreement signed with the Company. Examples of use that are not acceptable: “dōTERRA.com” “dōTERRAcompany.com” “dōTERRAcorporate.com,” etc. WAs should consult the Media Specific Guidelines of their Local Market.

d. URLs. All Computer Web URL’s must contain the words “An Wellness Advocate.”

e. Privacy Policy Language. WAs must implement a written privacy policy that protects any information gathered from the website from being sold or used by anyone else.

f. Spam Prohibition. WAs may not spam. Spamming includes, but is not necessarily limited to: (1) sending unsolicited email messages that contain any email or web addresses from an WA’s account to online users; (2) posting message that contain the WA’s service address in new groups that are unrelated to the WA’s products; (3) creating false “from sources” in an email message, or newsgroup posting with the WA’s service address, thereby giving the impression that the message originated from the Company or its network of Wellness Advocates; (4) sending unsolicited emails or text / multi-media messages to mobile telephone numbers or faxes to lists of people that are not within the WA’s Organization or with whom the WA has not had a prior business or personal relationship. All Company related email broadcasts must only be sent to WAs in the Organization of the WA. Emails must not contain any false representations, income claims, or testimonials.

8. Proper Use of Trademarks. WAs must properly use Allowed 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.”

9. Use of Allowed Content Within the United States. On communications that will be distributed only in the United States, WAs must use the appropriate trademark or copyright symbol (TM, SM, ®, ©) the first time dōTERRA Intellectual Property appears.

a. WAs 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.

b. WAs must include an attribution of dōTERRA’s ownership of its Allowed Content within the credit notice section of an WA’s Sales Aid, personal website, or social media. The following are the correct U.S. formats for trademarks: _________ is a registered trademark of dōTERRA Holdings, LLC _________ is a trademark of dōTERRA Holdings, LLC

10. Use of Allowed Content Outside the United States:

a. WAs should not use trademark symbols on product communications that will be distributed outside the United States.

b. Use of one of the following international credit notices is appropriate: _________ is a trademark of dōTERRA Holdings, LLC, registered in the U.S. and other countries. _________ is a trademark of dōTERRA Holdings, LLC.

E. Acknowledgement and Protection of Rights

1. Acknowledgment of Rights. WAs agree that all Allowed Content is owned exclusively by dōTERRA Holdings, LLC, or licensed to dōTERRA Holdings, LLC. Except for the limited rights granted by the Contract for the term of the Contract, WAs acknowledge that the Company 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. WAs agree to assist the Company to protect the Company’s rights in the intellectual property at the Company’s request.

2. Agreement to Protect. WAs agree to assist the Company to the extent necessary in the procurement of any protection or to protect any of the Company’s rights to the Allowed Content. 

3. Assignments. WAs agree that nothing contained in the Contract shall be construed as an assignment or grant to the WA of any right, title or interest in or to the dōTERRA Intellectual Property, Allowed Content, Company Produced Sales Aids and Content, it being understood that all rights relating thereto are reserved by the Company, except for the right to use the Allowed Content as expressly provided in the Contract. WAs agree that at the termination or expiration of the Contract, the right to use the Allowed Content shall immediately end. WAs will be deemed to have assigned, transferred and conveyed to the Company any trade rights, equities, good will, titles or other rights in and to dōTERRA Intellectual Property which may have been obtained by WAs or which may have vested in WAs in pursuance of any endeavors covered hereby, and that WAs will execute any instruments requested by the Company 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 Contract.

4. Termination.

a. WAs may not terminate the rights granted to the Company in this Section 12.

b. An WA’s rights granted in this Section 12 may be terminated by the Company upon immediate notice without the opportunity to cure should the WA 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 Contract or any other agreement between the WA and the Company or its affiliates;

(d) make any misrepresentations relating to the acquisition of the rights granted herein, or engage in conduct which reflects unfavorably on the Company or upon the operation and reputation of the Company’s business; or

(e) be convicted of a felony or any other criminal misconduct which is relevant to the Contract.

c. In the event of termination of this license for any reason, WAs 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 12 shall be without prejudice to any rights which the Company may otherwise have against the WA.

5. Rights are Personal. The rights and duties under this section are personal to the WA and the WA shall not, without the written consent of the Company, which consent shall be granted or denied in the sole and absolute discretion of the Company, be assigned, mortgaged, sublicensed or otherwise encumbered by the WA or by operation of law.

6. Remedies. Each WA and Preferred Member acknowledges and agrees that compliance with the terms of this Section 12 is necessary to protect the goodwill and other proprietary interests of the Company. Accordingly, WAs agree that in the event of any breach of this Section 12:

a. The Company shall be entitled to injunctive relief and/or specific performance;

b. the WA shall not oppose such relief on the grounds that there is an adequate remedy at law; and

c. WAs further stipulate and agree that any violation of this rule will inflict immediate and irreparable harm on the Company, that the harm to the Company exceeds any benefit that the WA may derive, and that the Company shall be entitled, in addition to any other remedies that may be available, to immediate, temporary, preliminary and permanent injunctive relief without security. The provisions of this Section survive the termination of the Contract. Nothing herein waives any other rights and remedies the Company may have in relation to the use of its Lists or any other violations of the Contract.

F. Additional Advertising Provisions

1. WAs may not answer the phone as “dōTERRA” or imply they represent the Company or are more than an WA.

2. No advertising may imply that a job or position is available at dōTERRA.

3. No specific income may be promised.

4. All media inquiries must be immediately referred to the Compliance Department of the Company.

5. No release shall be made to the news media or to the general public relating to the Contract without the prior written approval of an authorized executive officer for the Company.

6. Upon request, any Sales Aid or other medium which the WA prepared, caused to be prepared, or distributed, which also contains any dōTERRA Intellectual Property or Content, must be immediately provided to the Company. WAs must retain a copy of all Sales Aids, or other advertising material which they distributed, for seven years from the last date of distribution.

7. WAs agree to release and discharge the Company, and its successors, assigns, employees, and agents from any and all liability, monetary compensation, claim and/or demand arising out of or in connection with the creation and the use of any intellectual property of another, or of the Company, including any claims for defamation or false representations.