Netflix Brand Assets Terms and Conditions
By downloading or otherwise receiving from Netflix any Netflix trademarks, logos, trade names, service marks, service names, or other distinctive features owned by Netflix (“Netflix Brand Assets”) via the Netflix Partner Portal, located at http://partner.netflix.com, or other Netflix website, or otherwise from Netflix, you (“You”) agree to be bound by the following terms and conditions (“Terms”). In the event of any conflict between these Terms and any applicable written agreement between You and Netflix, the written agreement shall prevail.
Your Rights To Use Netflix Brand Assets
Netflix grants You a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to display the Netflix Brand Assets in accordance with these Terms. All use by You of the Netflix Brand Assets (including any goodwill associated therewith) shall inure to the benefit of Netflix. You agree that You shall not challenge, or assist others to challenge, the Netflix Brand Assets or the registration or ownership thereof by Netflix (except to the extent such restriction is prohibited by applicable law), or attempt to register any Netflix Brand Assets or other names, logos, marks, or materials (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to any Netflix Brand Assets. The Netflix Brand Assets are provided "as is" and Netflix disclaims all express and implied warranties, including warranties of noninfringement. Netflix shall not be liable to You under any theory of liability for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages arising out of the Netflix Brand Assets or Your use thereof. This limitation shall apply even if Netflix was advised of, or should have been aware of, the possibility of such damages. Some jurisdictions do not allow certain exclusions or limitations; in such jurisdictions, the exclusions and limitations stated in these Terms shall apply to You to the maximum extent permitted by law. Nothing herein grants You any right, title or interest in or to the Netflix Brand Assets.
All of Your uses of the Netflix Brand Assets in any of Your marketing, advertising, content, or other material (“Your Materials”) are subject to Netflix’s approval prior to use. Approval for such uses must be submitted via a request for approval on the Netflix Partner Portal (a “Request for Approval”). Netflix’s silence or failure to respond to requests does not constitute approval, and approval of one of Your Materials does not constitute approval of Your other uses, nor may such approval be transferred to any third party without Netflix’s written consent. To the extent Netflix does not provide express approval, You shall not use Netflix Brand Assets. Netflix’s approval of any uses of the Netflix Brand Assets shall not be construed as approval of Your Materials for compliance with applicable laws, rules or regulations, such being Your sole responsibility.
If You wish to use a Netflix Brand Asset in any way not permitted under these terms, please submit a Request for Approval. In Your request, describe how and if Your use of the Netflix Brand Assets would deviate from these Terms, and why such use should be approved by Netflix. Netflix will consider the request, but does not guarantee any particular response time or approval.
All uses of the Netflix Brand Assets must conform to the Netflix Brand Guidelines, located at https://brand.netflix.com, as well as the following requirements, unless You have prior written permission from Netflix:
No Modification. The Netflix Brand Assets must be used as provided by Netflix with no modifications. Do not remove, distort or alter any element of the Netflix Brand Assets or change any colors. Do not shorten, abbreviate, or create acronyms out of the Netflix Brand Assets.
No Generic Use. Do not use Netflix Brand Assets in a way that suggests a common, descriptive, or generic meaning.
No Plural or Possessive Use. Do not use the Netflix Brand Assets in the plural or possessive form.
No Incorporation. Do not incorporate Netflix Brand Assets into Your own product name, service names, trademarks, logos, company names, domain names, website titles, publication titles, or the like, unless expressly permitted by Netflix.
No confusingly similar marks. Do not use the Netflix Brand Assets, including any Netflix trademark, in a manner that might create confusion about the ownership of the Netflix Brand Assets.
No confusing source. Do not use the Netflix Brand Assets, including any Netflix trademark, in a manner that implies that Netflix is the source of Your products or service, or that otherwise might create confusion about the source of the Netflix Brand Assets.
Domain names. Do not register the Netflix Brand Assets, including any Netflix trademark, as domain names or as any part of a domain name.
Trade dress. Do not copy or imitate Netflix’s website design, typefaces, distinctive color, style, graphic designs, or imagery.
Endorsement. Do not display the Netflix Brand Assets in any manner that (i) overstates Your relationship with Netflix; (ii) implies that You have a relationship or affiliation with Netflix; (iii) implies You sponsored or endorsed by Netflix; (iv) implies that any content has been authorized by Netflix; or (v) represents the views or opinions of Netflix or Netflix personnel unless You have prior written permission from Netflix to do so.
Prominence. Do not display the Netflix Brand Assets in a manner that makes it the most distinctive or prominent feature on Your web page, printed material, or other content without express written permission from Netflix to do so.
Violation of Law. Do not display the Netflix Brand Assets on any website that contains, displays, or promotes pornography or like adult content, or gambling, the sale of tobacco, alcohol, or firearms to persons under twenty-one (21) years of age.
Objectionable Use. Do not display the Netflix Brand Assets in a manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Netflix.
Broadcast. The Netflix Brand Assets may not be used in television, film, or video without Netflix’s prior written permission. Please submit Request for Approval to use the Netflix Brand Assets in this manner.
Book or Other Publication Titles. The Netflix Brand Assets may not be displayed in titles of publications, including books, without Netflix’s prior written permission. Please submit a Request for Approval to use the Netflix Brand Assets in this manner.
Merchandise. The Netflix Brand Assets may not be used or displayed in or on merchandise or manufactured items of any kind without Netflix’s prior written permission. Please submit a Request for Approval to use the Netflix Brand Assets in this manner.
Netflix will interpret Your compliance with these Terms in its sole discretion. Netflix may modify or terminate Your permission to display or use the Netflix Brand Assets at any time. Netflix may take action against any use of the Netflix Brand Assets that does not comply with these terms or written permission from Netflix, infringes any Netflix owned or licensed intellectual property or other right, or violates applicable law.
You may not assign Your rights or delegate Your obligations under these Terms without Netflix’s prior written consent. These Terms do not create any rights in any third party. These Terms will be governed and construed in accordance with the laws of the State of California, without regard to conflict of law principles. The venue for any dispute or claim shall be Santa Clara County, California. Neither party shall be deemed to be an employee, agent, partner, or legal representative of the other. Netflix’s waiver of breach of any provision of these Terms shall not be deemed to be a waiver of the Terms themselves. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, void, or unenforceable, such provision shall be changed and interpreted so as best to accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.