again the most minor of normally overlooked clauses have saved our collectives asses when things turn rough with a particular client. Proposal Kit IS the reason we are still in business; a PROFITABLE BUSINESS after all these years."
DEMAND FOR RELEASE OF DOMAIN NAME Dear Sir or Madam. This letter is to inform you that company name the owners of the exclusive right to use the federally registered web site domain URL trademark hereinafter referred to as the company name Trademarks. It has recently come to company names attention that you are the current Registrant of one or more of the company names Trademarks or bearing marks substantially indistinguishable thereto through the Insert Name of the Registrar the Domain is Registered with and operating web site at List Domain or Redirect Here Accordingly we are demanding that you immediately cease and desist any and all further commerce associated with the company name Trademarks and operation of the current company name web site and ask that you voluntarily provide us with the following. 1. completion of Domain Transfer Form transferring control of the company name domain name to company name and any similar domains bearing marks substantially indistinguishable thereto presently in your possession or control; 2. representation that any similar domains bearing marks substantially indistinguishable or identical to the company name Trademarks have been withdrawn from sale or commerce; 3. response in writing within days of receipt of this letter covering the aforementioned demands addressed to the undersigned and mailed to. company name address address city state or province zip or postal code
Absent the requested information and response within days of receipt of this letter our office may commence an action against you for trademark infringement seeking both preliminary and permanent injunctive relief and an award of damages for willful infringement all legal fees and costs. We await your response. Sincerely company name Signature Job title of signator authorized signature or signer. Date when the contact was signed
SERVICE TERMINATION AND QUITCLAIM AGREEMENT This Service Termination and Settlement Agreement hereafter referred to as the Agreement is made this current date by and between company name hereafter referred to as Customer and company name hereafter referred to as Company The undersigned to this agreement shall be referred to jointly as the Parties. WHEREAS Customer and Company have had an ongoing relationship where Company provided services to Customer; and WHEREAS Company holds intellectual property it rightly owns and has outstanding balances with Customer and WHEREAS the Parties wish to compromise and settle fully and finally all claims controversies or causes of action that they may have arising out of their relationship or any work performed by Company or arising from the cessation of Company providing services hereafter referred to as the Settlement
NOW THEREFORE in reliance on the representations contained herein and in consideration of the mutual promises covenants and obligations contained herein and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged the Parties agree as follows. 1. Settlement. a Company grants worldwide unrestricted license to use modify disassemble or sell the web site development project services etc. it developed for Customer including any of Companys custom programming source code or other files Company has an interest in that currently reside on web site server location etc. excepting those files that may be subject to another partys license or intellectual property rights. b Company shall waive the Insert outstanding balance outstanding balance owed to Company and provide copies of or access to files currently in Companys possession. There will be no payment required for these files. Files shall be provided as is. c Customer shall pay Company Insert what is owed payable by ACH Check Credit Card which represents the outstanding balance for services or licenses and represents final settlement of all balances owned between company name and company name.
2. Release. Each party hereto agrees that this agreement is result of compromise and shall not be construed as an admission by it of. liability to any person or entity or breach of any agreement or violation of any law or regulation. Company hereby releases Customer from any and all claims demands tort damages or liability of any nature whatsoever prior to the date of this Agreement known or unknown which it may have. Consistent with the terms of this paragraph Company further agrees to refrain from bringing prosecuting or arbitrating any claim or lawsuit demand or cause of action either at law or in equity against Customer as the result of any act error or omission by Customer occurring up to and including the date of execution of this Agreement. Customer acting for itself and on behalf of its agents owners shareholders attorneys attorneys in fact assigns successors and heirs hereby unconditionally and irrevocably releases acquits forever discharges and covenants not to sue or be party to lawsuit against Company its owners predecessors successors subsidiaries affiliates assigns agents and any of their present or former directors officers employees or shareholders from any and all claims demands torts damages or liability of any nature whatsoever prior to the date of this Agreement known or unknown which Customer has or may have including but not limited to claims arising for breach of contract claims for equity awards claims for damages or any other federal state local or foreign laws statutes ordinances or regulations as well as rights under any common law causes of action. Consistent with the terms of this paragraph Customer further agrees to refrain from bringing prosecuting or arbitrating any claim or lawsuit demand or cause of action either at law or in equity against Company as the result of any act error or omission by Company occurring from the beginning of time up to and including the date of execution of this Agreement. 3. Non disparagement and Cooperation. Company agrees that it will not make any disparaging remarks statements or criticism including written or oral concerning or taking actions which are adverse to the interests of Customer its owners predecessors successors parents assigns or their current and former representatives agents officers employees directors board members and employees; nor will Company take any action that would cause Customer humiliation or embarrassment or otherwise cause or contribute to Customer being held in disrepute by the public or Customers clients customers users employees shareholders agents or vendors.
Customer agrees that it will not make any disparaging remarks statements or criticism including written or oral or take actions which are adverse to the interests of Company its owners predecessors successors parents assigns or their current and former representatives agents officers employees directors board members and employees; nor will Customer take any action that would cause Company humiliation or embarrassment or otherwise cause or contribute to Company being held in disrepute by the public or Companys clients customers users employees shareholders agents or vendors. For the first days following the date of this Agreement Company agrees to respond to reasonable inquiries and information requests by phone or email Insert Limitations Here when requested by Customer or Customers agent about matters or subjects Company was responsible for or worked on prior to the agreement. Nothing in this Agreement shall require Company to migrate move setup re program modify or assist Customer in the direct facilitation of moving Customers files off Company servers. Company shall not be entitled to further compensation for any services Company performs pursuant to this cooperation clause; however to the extent that Customer requests Companys cooperation Customer shall reimburse Company for reasonable expenses subject to Customers pre approval of those expenses. 4. General Provisions. 4 Entire Agreement. This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. 4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court.
4 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Company and their respective successors and assigns provided that Company may not assign any of his obligations under this Agreement without Customers prior written consent. 4 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 4 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 4 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signature below.
EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed
Customer Initials Company Initials
CEASE AND DESIST LETTER current date VIA MAIL AND EMAIL company name Attn. DMCA Copyright Agent address address city state or province zip or postal code
email address Re. Unauthorized Use of Copyrighted Work It has come to our attention that you have made an unauthorized use of our copyrighted work Insert type of media i. e. photograph video publication etc. entitled Insert the name of the infringed work the Work The infringed Work is on file with the U. S. Copyright Office Insert copyright filing number The Work is available for paid license and can be viewed at our Insert name of web site web site. Insert direct link to the original infringed work. This statement is written on the assumption that most copyright infringement will be from source material copied from the Internet. If the infringement was from physical works change the description accordingly. Also submit the cease and desist demand with printed copies of both the original source material and infringing material. This web page makes clear in several locations that the Work is copyrighted and that any unauthorized use is prohibited.
company name has made unauthorized use of the Work in Insert description of how the work was infringed i. e. web site advertisement mass email campaign etc. see attachment. No license has been purchased by company name from company name and no authorization was given by company name to use this copyrighted and registered work. Insert any extra information that helps back up your infringement claim such as any research you have done regarding specifically when the infringement occurred third party information that helps your case and information about who effected the infringement. As you can easily determine by comparing the Work and the infringing version they are the same. If you can show willful violations such as copyright notices watermarks etc. being removed describe these alterations to the infringed work. company name distributed this infringing work via Insert description of how the infringing work was distributed on Insert date that the infringement occurred or was detected As you are no doubt aware copyright ownership in original works vests in the author or creator of the work U. S. C. a It is violation of U. S. copyright law to reproduce and or prepare derivative of copyrighted work U. S. C. §. It is also violation of our license agreement to make unauthorized use of copyrighted content without payment or permission. In addition under U. S. C. it is unlawful to remove or alter copyright management information including identifying information about the copyright owner contained in digital watermark. If there are other issues that were violated by the unauthorized copying also state them here. For example the normal use of an image may require separate written authorization from third party such as the use of an image requiring not only license but written permission from recognizable person in photograph. Add as many details as possible to your claim showing as many problems created by the infringement as possible. If you can show willful violation such as the removal of copyright statements or watermarks add the following statement. The removal of digital watermark after the Work was copied from web page clearly identifying it as copyrighted and for licensed use only indicates that the infringement has been performed willfully. Under U. S. C. §§ and infringer could be liable for statutory damages as high as 150 per violation together with attorneys fees and costs necessary to secure judgment in court. Reword that statement as needed. The statement above is based on the assumption that the Work was copied from an Internet web page owned or controlled by you and that you had copyright notices displayed.
If you believe you have the right to use the Work without our authorization please advise us in writing and provide documentation to support your position. Otherwise we demand that you immediately cease the use and distribution of all infringing works reproduced using and or derived from the Work purge all copies of the Work and desist from this or any other infringement of our rights in the future. We also demand that you conduct an investigation and inform us in writing of each unauthorized use of the Work and any other works obtained from company name. We further demand payment of Insert dollar amount of your demand for immediate resolution of this matter. If we are forced to incur legal expenses in this matter we will demand those in any future resolution. Please respond to this letter by effective date indicating in writing that you have fully complied with these requirements and agree to these terms. This letter and demand are offered in furtherance of settlement and are subject to ER and not admissible to prove liability for or invalidity of any claim. We retain all rights in the copyright and other interests in the Work and all claims we may have against any person or entity. This letter is not full recitation of all relevant matters and nothing omitted and or contained herein shall be construed as or deemed to be an admission or waiver. We appreciate your cooperation with this matter and look forward to your prompt response. Sincerely first name last name e mail address Phone. phone number
Fax. fax number job title company name
CEASE AND DESIST LETTER Dear contract first name contract last name It has come to our attention that you have made an unauthorized use of our copyrighted work entitled Insert the name of the infringed work the Work in the preparation of work derived therefrom. have reserved all rights in the Work which was first published in Insert the publication date of the infringed work on Insert the URL of original work and have registered the copyright. Your work entitled Insert the name of the infringing work and which appears on your web site at Insert the URL of infringing site is essentially identical to the Work and clearly used the Work as its basis. Give few examples that illustrate direct copying and or unfair use. You neither asked for nor received permission to use the Work as the basis for Insert the name of the infringing work nor to make or distribute copies of it. Therefore believe you have willfully infringed my rights under USC §101 et seq. and could be liable for statutory damages as high as 100 000.
I demand that you immediately cease the use and distribution of all infringing works derived from the Work and all copies of it and that you deliver to me all unused undistributed copies of it or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If have not received an affirmative response from you by date indicating that you have fully complied with these requirements shall consider taking the full legal remedies available to rectify this situation. Sincerely first name last name e mail address Phone. phone number Fax. fax number
job title company name
COPYRIGHT INFRINGEMENT WORKSHEET Use this worksheet to gather information for putting together your copyright infringement case. Typically you are not going to go through this much work for copyright infringement case unless it is commercial in nature and you have protected your works with US Copyright Office registrations. This worksheet will allow you to create detailed description of the infringement that you can turn over to your lawyer to draft your response and explain your potential case. Since most copyright infringements are settled out of court detailed response can improve your chances for settlement in your favor. This is not legal advice consult your attorney for legal advice on how to pursue your case. Name of Company. Insert name of company caught infringing. Infringing Company Contact Information. Insert contact details for the infringing company such as physical address phone number email addresses web site URL etc. Background. Insert description of the infringement such as how it was discovered.
Timeline. Insert timeline of the infringement such as when it was discovered and any research that can pinpoint specific events related to the infringement such as timestamps on files. Also include any dates for the creation of the works as well as dates of copyright registrations. Description of Infringing Works. Insert description and examples of the work that is infringing on yours. Include screenshots URLs references to printed materials etc. Description of Infringed Works. Insert description and examples of the original work that was infringed. Include screenshots URLs references to printed materials etc. Comparison of Infringement.
Insert comparison of the infringing works and the infringed works and describe how much was infringed. Extent of Infringement. Insert description of how extensive the infringement is or could be such as number of copies distributed or amount of web site traffic that has used the infringing works. How the Infringement Occurred. Insert description of how you believe the work was infringed and how many ways it could have been infringed. Nature of Infringement. Insert description of the nature of the infringement such as being used commercially or non commercially. Extent of Damages.
Insert description of the financial losses that can be attributed to this infringement such as loss of sales if the work had been purchased from you. If the infringement is commercial in nature describe the sales revenue the infringer could have made from the infringed work that you are entitled to. Protections of Infringed Work. Insert description of how you have protected this work or not. If you have submitted the work to the US Copyright Office and have obtained registered copyrights list the copyright registration numbers and registration dates. Analysis of the Infringement. Insert your analysis of the infringement such as how you proved the infringement. Since most copyright infringement has digital trail has your analysis pointed to any proof of willful infringement such as another persons name tagged in documents properties. Does your analysis show any digital fingerprints such as identical styling font types unique formatting identical color palettes etc. that shows it was directly copied. Whats Been Done. Insert description of any actions you have taken so far such as communications you have had with the infringing party or with parties that have any connection to the infringement such as web site hosting company hosting the infringing material.
Retrieval of Proof. Insert description of how you have maintained copies of the infringement so that it can still be proven if the situation changes such as the infringing work being discovered online. Have you downloaded copies of the infringement in case it is hidden from view. Our Demands. Insert list of your demands from the infringer. These may include removal of the infringing works payment for use of the material and legal fees identification of any other infringements not yet known about agreement to not copy material from you in the future etc. If Demands Not Met.
Insert description of what you will do if the demands are not met or compromise is not reached. Actions might include filing lawsuit submitting DMCA takedown request to web site hosting company and search engines etc.