Deals & Competitions

FPB Membership Agreement Terms & Conditions

The “FPB Membership” is provided by Construction Marketing Services Limited (CMS) trading as Future-Proof Building (FPB)

Member Responsibilities

In accepting the terms and conditions herein the member undertakes to:

Ensure the member is carrying on its business and using the services provided by CMS without, in any way, detrimentally affecting the reputation of CMS and its intellectual property.

Membership Term

The annual membership commences for a minimum term of 12 months effective from the date of purchase of membership by the member.

Notification for membership renewals will be sent to the member prior to the expiry of the 12 month membership term. The member will be required to renew their membership before the expiration date to continue their membership for any ensuing terms or the membership shall expire and be at an end at the conclusion of the existing, paid 12 month term.

Membership Location included for promotion

The purchase of a FPB Membership is valid for one region only. This is defined as one city or town serviced by the member or a pre-determined territory agreed by CMS.

Indemnity

The member indemnifies and holds CMS harmless against any loss whatsoever resulting from errors and omissions made in respect to information regarding the member’s workmanship, products and/or services promoted to third parties by CMS in good faith as to the information’s accuracy, quality and/or completeness.

Intellectual Property

CMS grants the member a non-exclusive, non-transferal license for the term of this Agreement to use the Trade Marks in accordance with the CMS Criteria for the purposes of marketing the member’s company brand products and/or services. Such usage is also subject to any written directions given by CMS from time to time.

The member acknowledges that:

  • a) the Trade Marks are the exclusive property of CMS; and
  • b) all existing good will in the Trade Marks is vested in and all future good will arising out of the use by the Member of the Trade Marks will vest in and remain the exclusive property of CMS.
  • c) CMS retains all other rights in the CMS Intellectual Property.

The member will not during the term of their membership or after termination:

  • a) apply for registration as a trade mark or company name of any words or logos that are identical with or deceptively or confusingly similar to the Trade Marks or any other trade marks owned or used by CMS; or
  • b) directly or indirectly challenge or contest the validity of the rights of CMS or a Related Company of CMS to the Trade Marks or any other trade mark owned or used by CMS or a related company of CMS; or
  • c) represent that it has any right, title or interest to the Trade Marks or any other trade mark owned or used by CMS or a related company of CMS except as expressly granted in this Agreement.

Use of the Future-Proof Building logo and imagery of any of the 8 smart Principles by the member can only be during the term of membership, under strict criteria and must be pre-approved by CMS to ensure the integrity of the logo, Principles and brand protects all those involved. The member must obtain CMS’ prior written approval for any use of the Trade Marks in relation to the Member’s projects or in the member’s Information. Such approval is not, and is not to be construed as, an approval of any content of the member’s information or acceptance by CMS of any liability arising from the member’s workmanship or such information.

Relationship between the Parties

Nothing expressed or implied in this Agreement shall constitute either party as the partner, agent, employee or officer of, or as a joint venture with, the other party, and neither party shall make any contrary representation to any third person.

Defined Terms and Interpretation

In this Agreement the following terms have the following meanings unless the context requires otherwise:

”CMS Intellectual Property” includes, without limitation, any rights in relation to trademark, copyright, patent or registered design relating to the Services including, without limitation the Trade Marks.

“Commencement Date” means the date this agreement and the formal marketing services commence.

“Future-Proof Building Icons” means the Trade Mark Icons registered by CMS from time to time in relation to the CMS Future-Proof Building marketing concept.

“Icons” means the Trade Mark Icons registered by CMS from time to time in relation to the CMS Future-Proof Building marketing concept.

“Member’s Information” means any information, advertisements and materials regarding the member and the member’s workmanship.

“Member’s Workmanship” means those goods and/or services or any output provided by the member.

“Term” has the meaning given to that term in clause 3.0.

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