By placing an order for any corporate custom engraved, colorized, or minted product or corporate custom packaging (“Corporate Custom Product” or “Corporate Custom Content”) with JM Bullion, Inc. (“JM Bullion,” “we,” or “us”), the customer (“Customer” or “you”) agree to the JM Bullion Terms and Conditions and these addition Supplemental Terms (the “Agreement”).
1. Prohibited Content
JM Bullion strictly prohibits the submission of any Corporate Custom Content that:
– Infringes or misappropriate any third-party intellectual property rights, including but not limited to copyrights, trademarks, service marks, trade dress, patents, proprietary rights, or rights of publicity or privacy;
– Contains, without proper authorization or license, any logo, slogan, likeness, or protected expression owned by another party;
– Is obscene, offensive, defamatory, harassing, discriminatory, hateful, or otherwise inappropriate (as determined by JM Bullion in its sole discretion); and/or
– Violates any applicable law, regulation, or industry standard.
2. Right to Review and Reject
JM Bullion reserves the right, in its sole discretion, to review all submitted Corporate Custom Content and to reject, refuse to produce, or cancel any order that violates or appears likely to violate these Supplemental Terms, the Terms and Conditions, or applicable law. JM Bullion shall not be liable for any losses or damages arising from its decision to refuse or cancel an order.
3. Indemnification
Customer agrees to indemnify, defend, and hold harmless JM Bullion, its officers, employees, affiliates, subsidiaries, assigns, and parent from and against any and all claims, demands, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
– Any claim that the submitted Corporate Custom Content or Corporate Custom Product infringes or violates any intellectual property, publicity, privacy, or other rights of any third party;
– Any breach by Customer of these Supplemental Terms or the Agreement; or
– Any misuse or unauthorized use of Corporate Custom Product by Customer or its affiliates.
4. Limitations on Commercial Use
Corporate Custom Product services are offered for bona fide corporate identity, gifting, or limited promotional purposes. Customers may not resell, redistribute, or otherwise commercially exploit products obtained through this service without JM Bullion’s prior written consent. JM Bullion reserves the right to determine, in its sole discretion, whether a particular order constitutes unauthorized commercial activity and may cancel such orders or restrict future access to this service.
5. Limited License to Use Customer Marks
By submitting any logo, trademark, trade name, brand element, or other proprietary design (“Customer Marks”) for a Corporate Custom Product, Customer grants JM Bullion a non-exclusive, royalty-free, limited license to use, reproduce, and display such Customer Marks solely:
– for the purpose of designing, manufacturing, producing, and fulfilling the Corporate Custom Product ordered by Customer; and
– for limited internal or portfolio display by JM Bullion to demonstrate corporate custom capabilities (unless Customer requests in writing that such display not occur).
All right, title, and interest in and to the Customer Marks remain exclusively with Customer. JM Bullion shall not use Customer Marks in any broader marketing or advertising context without Customer’s prior written consent.
Customer represents and warrants that it has all necessary rights, permissions, and authority to grant the foregoing license and to authorize JM Bullion’s use of the Customer Marks for these limited purposes.
6. Miscellaneous
These Supplemental Terms are incorporated into and form part of the Agreement between JM Bullion and Customer. In the event of any conflict between these Supplemental Terms and the general Terms and Conditions, these Supplemental Terms shall control with respect to Corporate Custom Product orders.
7. Customer Notification
If submitted content is flagged as potentially violating these Supplemental Terms, JM Bullion will attempt to contact the customer prior to cancelling the order. However, JM Bullion is not obligated to accept or fulfill any Corporate Custom Product request that violates these Supplemental Terms or its Terms and Conditions.
