Trademark Usage and Materials Purchase Agreement

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Nov 18, 2013 (4 years and 1 month ago)

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Trademark Usage and Materials Purchase Agreement

Kindermusik curricula materials are available for use by licensed Kindermusik educators only. Kindermusik
International offers a Kindermusik Trademark Usage and Materials Purchase Agreement to institutions o
r
employers of Kindermusik educators that offer Kindermusik programs so that the institution/employer
may use the Kindermusik trademark logo and purchase curricular materials for the licensed program
under the institution’s account. If the institution pref
ers to have all bills and invoices processed under the
licensed educator’s account, there is no need for this Purchase Agreement. In order to protect the
Kindermusik trademark and to ensure consistent quality among all Kindermusik programs, institutions
mu
st abide by the terms and conditions stated below and the Kindermusik Trademark License Agreement
issued to individual Kindermusik educators.

Trademark Usage

Use of the Kindermusik trademark is nonexclusive.

Use of the Kindermusik name and logo must be for the sole

purpose of promoting and presenting Kindermusik classes to children and their families. Other teaching must not be
included or promoted under th
e Kindermusik name.

Institutions shall use the Kindermusik trademark in accordance with the Kindermusik Trademark License
Agreement.

Kindermusik International reserves the right to oversee the quality of the Kindermusik programs offered by the
institut
ion to ensure that the level of quality is maintained.

Institutions shall comply with all applicable laws and regulations and obtain all appropriate government approvals
pertaining to the sale, distribution and advertising of goods and services with the
Kindermusik trademark covered by
this agreement.

The Kindermusik trademark must not be used in a manner that is likely to cause public confusion. The institution’s
Kindermusik program must not be presented as the only source of Kindermusik instruction.


The nature and quality of all services and products offered by the institution in connection with the Kindermusik
trademark shall conform to standards set by Kindermusik International.

Purchase and Use of Curricula Materials

Institutions may purchase Ki
ndermusik curricula materials (physical or digital) only for the curricula or age groups
in which a licensed Kindermusik educator, listed on the Agreement, is teaching.

Teaching materials cannot be distributed to, or accessed by, persons not licensed to
teach Kindermusik

Upon termination of this agreement, institutions may not purchase materials for any Kindermusik curricula and the
institutions agree to immediately discontinue all uses of the Kindermusik trademark and all Kindermusik classes in
accorda
nce with the Kindermusik Trademark License Agreement.

No part of the teacher’s or children’s materials published by Kindermusik International may be reproduced, stored in
a retrieval system, or transmitted in any form or by any means, electronic, mechani
cal, photocopying, recording, or
otherwise without the prior written agreement of Kindermusik International.

All Kindermusik purchase and return policies apply to institutions, including restocking fees and the discount
privileges of licensed educators.

Institutions agree to maintain a level of quality in the Kindermusik programs offered under the trademark
commensurate with the fundamental structure of the Kindermusik curriculum, including the use of all materials for
teachers and children as outlined
in the Teacher’s

Guides.

Fee and Length of the Agreement

There is no separate fee for this agreement.

Each educator teaching for the institution pays for her own

trademark license fee. Institutions may pay the licensing fees for their educators, howeve
r the educator will be charged
monthly for this fee. It will be the responsibility of the educator to have her/his institution reimburse the fees to her if
this is the case.

Unless earlier terminated, this agreement will be effective through March 31st.
The agreement shall be subject to
renewal annually unless Kindermusik International or the institution gives notice to the contrary to the other party not
less than 30 days prior to the expiration of any term. This agreement may also be terminated by eithe
r party upon 60
days prior written notice to the other party, and by Kindermusik International without prior notice in the event of a
breach of this agreement or the obligations of the institution under this agreement.

In the case of termination of this agreement or the license(s) of associated Kindermusik educators, the stipulations
contained in the “License Termination” section of the Kindermusik Trademark License Agreement.

Institutions may not renew the Purchase
Agreement unless all associated educators have current individual licenses.

Conditions of Application

This agreement shall be interpreted under and governed in accordance with the laws of the State of North Carolina.

Institutions may apply for the Kind
ermusik Trademark Usage and Materials Purchase Agreement if they:

1. offer Kindermusik classes that are taught by licensed Kindermusik educators, and/or

2. are authorized by a licensed Kindermusik educator to distribute Kindermusik curricula materials ONLY

to the
designated families and children participating in the Kindermusik program, and/or

3. have obtained authorization from Kindermusik International to use the Kindermusik Trademark and/or distribute the
Kindermusik curricula materials to designated ind
ividuals.

Institutions may be schools, businesses, organizations or individuals.

All Kindermusik educators teaching for the institution must have a current Kindermusik trademark license.

This agreement shall not be transferable or assignable by the i
nstitution or educator.

Institutions will notify Kindermusik International within 15 days of any changes to the list of educators teaching for
the institutions under this agreement.

Trademark License Agreement

KINDERMUSIK TRADEMARK

The Kindermusik logo i
s a registered trademark of Kindermusik International, Inc. (KI). KI issues a
Kindermusik Trademark License to educators who: 1) fulfill the eligibility requirements described herein to
use the trademark for the sole purpose of presenting and promoting Kin
dermusik programs; and 2) agree
to the Trademark License Agreement terms and conditions. Please see the Business Owner (
includes
license to teach
), Business Owner
-
Only, and Teach
-
Only sections of this agreement for items specific to
those license types.

Ki
ndermusik International reserves the right to investigate any misuse of its products, trademarks, service
marks or logos; request immediate action for resolution; remove program names or Web addresses from
the Class Finder; and/or terminate a particular li
cense when licensee or its agents have not fully complied
with the terms of this License Agreement or applicable guidelines as in effect and amended from time to
time, or the licensee or its agents have engaged in conduct that is not consistent with Kinder
musik
International’s principles or image. Permission to deviate from any policy, guideline or standards must be
documented in writing through the licensing department at Kindermusik International.

LICENSE OPTIONS

BUSINESS OWNER LICENSE

Educators who selec
t the Business Owner License agree to comply with the following requirements: post
your current and upcoming class schedule on the Kindermusik Class Finder (for Business Owner Full and
Limited Plus license options only) using the “My Class Schedule” tool i
n the Teacher’s Lounge and/or the
“Subscription Classes” tab at my.kindermusik.com. By participating in the Class Finder, you agree to:
respond promptly to parents (return phone calls /emails within 24 hours) who express interest in
Kindermusik; utilize vo
ice mail messaging that offers parents information about Kindermusik classes in a
professional manner; and inform Kindermusik International (through Profile Admin) if you are still
licensed but not offering Kindermusik classes.

BUSINESS OWNER
-
ONLY LICENSE

Individuals who select the Business Owner
-
Only License and complete the business
-
only section of
Kindermusik Fundamentals training, agree to comply with the following requirements: engage a licensed
Kindermusik Educator (Business Owner or Teach Only) to te
ach all Kindermusik classes and post your
current and upcoming class schedule on the Kindermusik Class Finder using the “My Class Schedule” tool
in the Teacher’s Lounge and/or the “Subscription Classes” tab at my.kindermusik.com. By participating in
the Cl
ass Finder, you agree to: respond promptly to parents (return phone calls /emails within 24 hours)
who express interest in Kindermusik; utilize voice mail messaging that offers parents information about
Kindermusik classes in a professional manner; and inf
orm Kindermusik International (through Profile
Admin) if you are program still licensed but not offering Kindermusik classes.

TEACH ONLY LICENSE

Educators who select the Teach Only License agree to comply with the following requirements: work for a
License
d Kindermusik Business Owner or Kindermusik Business
-
Only Owner; and abide by the
Cooling
-
Off
Policy
if teaching for a Kindermusik Maestro Educator. As a Kindermusik Educator with a Teach Only
License, you are prohibited from purchasing At Home Materials (
physical or digital), and Instrument kits
designed for classroom use. Educators who select the Teach Only License option may become eligible for
the Business Owner License by registering for and completing the Business Owner Track of Fundamentals.

LICENSE
FEE STRUCTURE AND DURATION

The license fee will be collected monthly via a charge to your credit card/paypal account or a debit to your
checking/savings account. The fee begins on the 10
th
day of the month following completion of your
license application a
nd will continue on the 10
th
day of each month thereafter. The fee amount and your
payment options will be based on the license level you select and your country of residence. You may
terminate your license at any time. There is a reinstatement fee of $150

(USD) should you terminate your
license and then re
-
license at a later time. If your license is inactive for a period of more

than six years, additional training will be required before you may re
-
license. If you currently purchase
materials from KI in yo
ur native currency, the monthly fees will be adjusted quarterly in accordance with
the materials pricing policy. Once you select your license level, you may not downgrade your license. You
may upgrade your license at any time. Additional training will be r
equired should you desire to upgrade
from a Teach Only to a Business Owner license. If applicable, monthly fee changes will take place on the
10
th
day of the month following the month in which you choose to make a change.

LICENSEE RIGHTS & PROHIBITIONS

Thi
s Kindermusik trademark license
permits the licensee to
: advertise, publicly display, and use the
Kindermusik name and registered trademark and service mark logo in accordance with the applicable
guidelines; promote the program as being duly licensed by Ki
ndermusik International; and offer
Kindermusik classes.

This Kindermusik trademark license
prohibits the licensee from
: using Kindermusik names, marks or logos
to sell goods other than those distributed by KI except when the Kindermusik name, mark or logo
is used
as part of an approved program name as outlined below; sharing, or providing, access to Digital Teach
Guides and Digital Home Materials with any other person; promoting, copying or distributing
discontinued curriculum materials to conduct general m
usic or Kindermusik classes; duplicating curricular
materials, current or discontinued; duplicating CDs, current or discontinued, for any entity other than a
currently enrolled parent or for use in the Kindermusik classroom; creating and/or offering curric
ula that
appear similar to Kindermusik offerings; electronically transmitting, in any form, curricula materials and
CDs, current or discontinued; conducting Kindermusik training for educators, not already licensed by
Kindermusik, in the pedagogy associated

with the Kindermusik program; distributing and selling
Fundamentals and teacher kits/components to educators or individuals not contracted or employed by
your program; offering Kindermusik classes without calling them Kindermusik and, likewise, promoting
non
-
Kindermusik classes as Kindermusik classes; using a portion of the Kindermusik materials in contexts
other than those specified in the Teacher’s Guides, except for promotion of Kindermusik classes; listing
studio locations or schedule times on the Clas
s Finder, and other third party enrollment systems, that are
not actual sites where Kindermusik classes are conducted or times when Kindermusik classes are
conducted; using the curricular materials as resources for teaching other music and movement classes
;
using persons to teach Kindermusik classes who have not been trained and licensed by Kindermusik
International to teach or who are not currently licensed; advertising ABC Music & Me® as ”Kindermusik
ABC Music & Me." (Instead, it can be advertised as “ABC

Music & Me, created by Kindermusik”);
substituting products for At Home Materials (physical and/or digital); teaching for another educator
whose license has been revoked due to violation of this license agreement. (If this occurs, the educator
must establ
ish her own program and program name in accordance with the guidelines herein or teach for
another educator whose license is current); selling products, or contracting with a third party to sell
products, that include the Kindermusik logo and are not made
available by Kindermusik International,
unless use of the Kindermusik logo includes an individual program name.

LICENSEE COMPLIANCE REQUIREMENTS

KINDERMUSIK STUDIO CURRICULA

The Kindermusik studio curricula must be offered using the specific materials desi
gned by KI for educators
and children. These standards are based on best practices for Kindermusik educators and the Kindermusik
brand.

Structure/Standards

Kindermusik Village®

Kindermusik Our Time®

Kindermusik Imagine That! ®

Kindermusik for the Young Chi
ld®

Lessons per unit/ semester, taught weekly

6

8

10
-

16

10
-

16

12


16

Ages of children*

birth


11⁄2 years

11⁄2
-

3 years

3
-

5 years

5
-

7 years

Class length

30
-

50 min.

30
-

50 min.

40
-

50 min.

45
-

75 min.

Children/class**

12

12

12

12

Teaching set
ting

Studio Class w/ caregiver

Studio Class w/ caregiver

Studio Class w/ caregiver for sharing time

Studio Class w/ caregiver for sharing time
(optional)

Home Materials

Physical (w/ digital music)

Physical (w/ digital music)

Physical (w/ digital music)

Phy
sical (w/ digital music)

Structure/Standards

Kindermusik Family Time®

Kindermusik Adventures®

ABC English & Me
TM

Lessons per unit, taught weekly

10


16

4
-
5 (all lessons can be taught in 1 week)

4

Ages of children*

birth


7 years

birth
-

7 years

3
-
5 years

Class length

40


50 min.

Flexible

30 min.

Children/class**

Flexible

12

Flexible

Teaching setting

Studio Class w/ caregiver

Studio Class w/ caregiver for entire class or sharing time

Studio Class w/ caregiver

Home Materials

Physical (w/ digital music)

Phy
sical (w/ digital music) or Digital

Digital

Structure/Standards

Kindermusik Cuddle & Bounce

Kindermusik

Sing & Play

Kindermusik Wiggle & Grow

Kindermusik

Laugh & Learn

Kindermusik Move & Groove

Lessons per unit, taught weekly

4

4

4

4

4

Ages of children*

0’
s and 1’s

1’s and 2’s

Option for birth to 2 years

2’s and 3’s

Family Time Option

3’s and 4’s

Family Time Option

4’s and 5’s

Class length

30


50min.

30


50min.

30


50min.

45


60min.

45


60min.

Children/class**

12

12

12

12

12

Teaching setting

Studio Cla
ss w/ caregiver

Studio Class w/ caregiver

Studio Class w/ caregiver

Studio Class w/ caregiver for sharing time

Studio Class w/ caregiver for sharing time

Home Materials

Digital

Digital

Digital

Digital

Digital

Notes: *Educator discretion is encouraged as de
velopmental appropriateness is more important than chronological
age in determining class fit for each child. **Veteran educators may expand class size with discretion. Consider
experience, room size and educational integrity. The curricula terms listed ab
ove are updated from time to time and
may be different from guidelines in respective teacher guides. Additional offerings and requirements may be added at
any time. Terms of this Agreement, including additions and changes, prevail.

KINDERMUSIK SCHOOL CURRI
CULA

The Kindermusik school curricula must be offered using the specific materials designed by KI for educators
and children. These standards are based on best practices for Kindermusik educators and the Kindermusik
brand. Minor enhancements may be made on
ly for improving the class experience. School curricula may
only be taught in school settings without parent participation in the class.

Structure/ Standards

ABC Music & Me® Sing & Play

ABC Music & Me® Wiggle & Grow

ABC Music & Me® Laugh & Learn

ABC Music
& Me® Move & Groove

ABC English & MeTM

Lessons per unit, taught weekly*

4

4

4

4

4

Ages of children**

1


2 years

2


3 years

3


4 years

4


5 years

3
-

5 years

Class length

15


20 min.

20
-

30 min.

30 min.

30 min.

30. min.

Children/class

Flexible

Flexibl
e

Flexible

Flexible

Flexible

Teaching setting

Pre
-
school or school settings without caregiver participation in class

Pre
-
school or school settings without caregiver participation in class

Pre
-
school or school settings without caregiver participation in cla
ss

Pre
-
school or school settings without caregiver participation in class

Pre
-
school or school settings without caregiver participation in class

Home Materials

Physical or Digital

Physical or Digital

Physical or Digital

Physical or Digital

Digital

Notes: *

In cases of on
-
going school contracts requiring monthly payments, an extension to five weeks is allowed
within the same calendar month. **Educator discretion is encouraged as developmental appropriateness is more
important than chronological age in determ
ining class fit for each child.

REQUIRED MATERIALS:

For units with physical home materials,
each child MUST have a new, full set of appropriate At
Home Materials for each curriculum and for every Kindermusik class for which tuition is charged,
subject to t
he limits stated above. Physical Sibling Kits may be used instead of full sets of physical At
Home Materials only in circumstances when a family has more than one child in a class or has had an
older child take the class during a previous semester. If a pa
rent has intact materials that match those
in the sibling kit, the educator may use her/his discretion as to the parent’s need to purchase a new
one.

For units with digital home materials, each child MUST receive the appropriate digital At Home
Materials f
or each unit and for every Kindermusik class for which tuition is charged, subject to the limits
stated in the table above. Only one of each unit is required per family. Units cannot be repeated for a
child within a 12 month period.

Kindermusik Internation
al reserves the right to periodically audit home material purchases to ensure
compliance. Only At Home Materials purchased directly from KI are recognized for compliance
purposes. KI reserves the right to immediately terminate access to all on
-
line content
, and /or revoke
this License Agreement, in the event required At Home Materials (physical or digital) are not purchased
by the educator in accordance with the structure and standard requirements n the tables above.
Educators not teaching Kindermusik class
es may also be denied access to all Kindermusik on
-
line
content.

FLEXIBLE SEMESTER LENGTH:
For select curricula with physical home materials, educators have
flexibility in setting the number of lessons to be taught and deciding upon any lessons to forego w
hile
honoring both the minimum and maximum requirements as indicated in the tables above. While
Kindermusik International strongly encourages the inclusion of all lessons from the Teacher Guide for the
full Kindermusik experience, educators may adjust thei
r teaching schedule to meet the needs of families
and facilities in the community.
The number of lessons in Kindermusik
Cuddle & Bounce
,
Sing &
Play
,
Wiggle & Grow
,
Laugh & Learn
and
Move & Groove
is not flexible: 4 lessons and 1 set of
home materials per
unit.

03/2013

ABC MUSIC & ME
CLASSES
can only be offered in private or public school settings in which parents do not
participate in the class experience. Licensed educators offering classes in a studio setting must choose
from the Kindermusik studio curri
culum options but are permitted to teach in schools without using the
ABC Music & Me hosted CDs.

ACCESS TO DIGITAL TEACHER GUIDES
(DTGs) is provided to all educators with a a) Business Owner


Full
License or b)Teach Only


Full License subject to the limi
tations and term of this License Agreement.
Educators agree to NOT allow access to any KI DTG’s by any other individual or entity, whether licensed by
KI or not. Educators acknowledge that all information in the DTG’s is proprietary and is protected by
cop
yright law. DTG content may not be copied, distributed or shared by any means or used for any
purpose other than as contemplated by this License Agreement. The sharing of logins, passwords and
other security measures, as may be implemented and controlled b
y KI from time to time, is strictly
prohibited. The restrictions related to access to DTG content survive the termination of this License
Agreement for any reason.

KINDERMUSIK PROGRAM NAME, EMAIL, AND WEB ADDRESS

This license is nonexclusive and non
-
territ
orial. Kindermusik International will not guarantee the right to a
particular program name. A licensed educator can select and promote only one program name that
includes the Kindermusik trademark. All Kindermusik Business Owners and Business
-
Only Owners m
ust
provide a program name at the time of initial application for a license. KI recommends using the
Kindermusik trade name in a program name, respective of restrictions, to benefit from public recognition
of the brand. Restrictions on the use of the progr
am name and logo protect educators from any public
confusion of the Kindermusik brand.

STRUCTURE OF KINDERMUSIK PROGRAM NAME:

Use of a particular program name, email address or web address by a licensee is subject to approval by
Kindermusik International

at its sole discretion. Kindermusik International reserves the right to refuse to
accept a license if the program name, email address or web address chosen by the licensee conflicts with
this license agreement.

Website addresses and email addresses may
include the Kindermusik name only in the context of the
program name. For example, a program called “Kindermusik With Susie” can consider
KindermusikWithSusie.com as a web address. However, a program called “Musik Fun with Susie” is not
permitted to use Ki
ndermusikWithSusie.com as a web address because the term Kindermusik is not part
of the program name. NOTE: Some ISP Providers set limitations to the length of email names. Check with
your ISP about restrictions. If your email name follows the context of y
our program name but is not
acceptable to your Provider, contact KI at licensing@kindermusik.com for options.

Web/URL addresses that include Kindermusik must be listed in the educator profile section of the
Teacher Lounge.

Changes to program name, emai
l address and web/URL address that are requested after acceptance of
this license agreement must be submitted to KI, via email to licensing@kindermusik.com, for approval.

No regional identification (city, county, local area or state) can be included in t
he program name except
for those that are associated with a pre
-
existing institution or business such as Greensboro College or
West Chicago Music Co.

If using “Kindermusik” in the program name, it must precede any other names/identifiers. (Example,
Kinde
rmusik® with Susie is acceptable. Susie’s Kindermusik® is unacceptable.)

The restrictions above do not apply to program names that were approved by Kindermusik
International before June 1, 1997 or to program names that were approved by Kindermusik Canada

prior
to July 1, 1998.

Presentation of the program name and logo must follow the Kindermusik Trademark Usage Guidelines,
as amended from time to time. Refer to the examples below.

The educator is responsible for checking and registering her/his busine
ss (program) name with her/his
local government authorities to make sure the program name is not already in use. Kindermusik
International is not responsible for checking duplicate program names.

EXAMPLES:

1. Program names that include the Kindermusik name

and/or Logo

If the program name includes the word “Kindermusik,” then “Kindermusik” must be followed only by the
identifiers “at,” “with” or “by.” Only Kindermusik classes may be associated with that program in
promotion. Naming format: Kindermusik
®
at /
by / with [name of institution: college, school, music store,
church, or private studio]. Examples: Kindermusik
®
at Greensboro College; Kindermusik
®
by Little Musicians
Academy; Kindermusik
®
with Cindy Brown.

2. Program names that do not include the Kinder
musik name and/or Logo

While strongly recommended, a program name does not need to include the Kindermusik name. It may
be the name of an existing institution such as a school, music store, church, etc. Examples: Greensboro
College; Denise’s Music Studio;

03/2013

YWCA of Atlanta.

The Kindermusik logo or the Kindermusik name with the trademark symbol may be used after the
program name in presentation. When promoting these programs, the educator may advertise
Kindermusik classes using the following presentati
on format: [Institution] features/offers/presents
Kindermusik
®
. Examples: Greensboro College presents Kindermusik®; Denise’s Music Studio offers
Kindermusik®. When the Kindermusik trademark name or logo is part of your program name, your
identifier must be

printed in an approved Kindermusik Identity Font and in the following formats.
Approved Identity Fonts include: Arial and Trebuchet MS.

Examples:
by Mills Music

COMPETING PROGRAMS

with

Miss Susie Jones

As a licensed Kindermusik educator, you agree to offe
r only Kindermusik Studio Curricula for music and
movement group classes for children in the age range birth


7 years and their families. Studio Curricula
includes
Village, Our Time, Imagine That, Young
Child,FamilyTime,Cuddle&Bounce,Sing&Play,Wiggle&Grow
,Laugh&Learn,andMove&Groove
.
Youagree
NOT
tooffer branded instruction methods competing directly with Kindermusik Studio Curricula
including, but not limited to, Musikgarten, Music Together, The Music Class, MusikMakers, Music for
Young Children (MYC), Gymbo
ree Music, Kids’ MusicRound, and Musik
-

in
-
the
-
Box.

In addition to the Studio or School Curricula, educators may offer the following non
-
competing programs:
private instrument or voice lessons; performance based group lessons (such as Suzuki); offerings th
at are
not music and movement based (such as Yoga for Children); and signing programs for children.

BACKGROUND CHECK
(
For United States and Canadian Educators Only
)

You must have completed and passed a background check prior to applying for your initial li
cense in
accordance with the Kindermusik International, Inc. Policy Regarding Criminal Records Background Checks
that is available in the Teachers’ Lounge at
www.kindermusik.com.

PROFESSIONAL DEVELOPMENT

Kindermusik International provides you the support a
nd resources of professional development
throughout your time as a licensed educator. All licensed Kindermusik educators agree to participate in
continuing education offered through Kindermusik International’s Professional Development Program and
agree to
earn 100 points every twelve month period each year, based on: 75 points
-

Attending
Kindermusik Educators National Convention (when available); 50 points
-

Attending one PKE/KI sponsored
Face
-
to
-
Face State or Regional Conference (when available); 25 point
s
-

Attending one Local Face
-
to
-
Face
Training Event; 25 points
-

Attending one Professional Development Webinar (Live or Recorded).

KINDERMUSIK PARENT LOYALTY SURVEY

A benefit of the Full License is participation in the Parent Loyalty (customer satisfactio
n) Survey and
receipt of ongoing candid feedback from enrolled parents. This feedback continues to be a cornerstone
for building a successful program. Enrollments taken through or entered into class rosters in EZ Enroll and
my.kindermusik.com will be surve
yed automatically, but no more often than every 90 days. For all others,
participation requires the submission of parent information as detailed in the Teachers’ Lounge section of
www.kindermusik.com, under Loyalty News.

MAESTRO EDUCATOR “COOLING OFF” POLI
CY

A licensed Kindermusik educator teaching for a Maestro program for more than one year must wait for
one year (the “cooling off” period) before (a) teaching for another Kindermusik program or (b) owning,
having a financial interest in, or operating a stu
dio if either (a) or (b) fall within 10 miles (16 km) of any
location in which she taught for the Maestro. Should the educator fail to comply with this policy, the
educator’s license may be suspended for up to one year. The Maestro may approve exceptions t
o this
policy by providing notarized, written proof of permission to Kindermusik International. This protection is
only extended to Maestro educators and expires immediately if they fail to maintain Maestro status.

03/2013

LICENSE TERMINATION

If you chose
not to renew your license, or your license is revoked by KI either voluntarily or involuntarily,
you agree to:

For all websites within your custody and/or control: (1) delete and/or disassociate from such websites
any and all metatags,

hidden text, and a
dwords comprised of any Kindermusik Trademarks; (2) cancel all advertising
subscriptions relating to use of any Kindermusik Trademarks as a keyword for search engine optimization;
(3) delete and/or instruct your website server host to delete any and all ca
ched website pages including
any Kindermusik Trademarks on the websites or as a metatag, hidden text, or keyword relating to the
websites; and (4) request Google® to re
-
crawl your websites to delete any prior versions of the websites
bearing any Kindermusi
k Trademarks on the websites or as a metatag, hidden text, or keyword relating to
the websites.

Cease using all Kindermusik trademarks, and any other terms that are confusingly similar to any
Kindermusik trademarks (collectively, “Kindermusik Trademarks”
) in all formats and media. This includes,
but is not limited to, phone book listings, web listings, etc.

Destroy all marketing materials, advertisements, and publications (collectively, “Marketing Materials”)
within your custody and/or control bearing a
ny Kindermusik Trademarks. As the term Kindermusik is a
licensed trademark, it may not be used in any way to advertise or promote non
-
Kindermusik business
ventures. This includes, but is not limited to, all references to Kindermusik in individual biographi
es, job
histories, resumes, etc. For example, using phrases such as “Former Kindermusik Educator”, “Certified to
teach Kindermusik” and “Kindermusik Trained” is not permitted.

Cancel all subscriptions and/or contracts relating to future creation, distribution, or dissemination of
Marketing Materials bearing any Kindermusik Trademarks.

Cease using all Kindermusik Trademarks in connection with your website domain names and ema
il
addresses.

Kindermusik International will use all vigorous legal means to enforce these requirements above to
protect the trademark for all licensees.

03/2013