Authorization and Release
In consideration for OPTIMA® Batteries, its subsidiaries, distributors, or affiliates (only in conjunction with OPTIMA® Batteries provided products) hereafter referred to as “OPTIMA®”, providing batteries to the undersigned, the undersigned hereby agrees as follows:
Authorization: Sponsoree authorizes OPTIMA® to use, at no cost, the items set forth below, at any time and in any manner desired by OPTIMA® including, but not limited to, any advertising or marketing activities of OPTIMA® as follows: (a) written testimonials or excerpts thereof, which are provided by Sponsoree or its employees, representatives and agents; (b) any photographs, slides, pictures, prints (or copies thereof) which are provided by Sponsoree. In addition, Sponsoree agrees and acknowledges that OPTIMA® may use Sponsoree’s name as it appears in any of the items described in the preceding sentence. Sponsoree agrees that OPTIMA® may edit, alter, and/or enhance, electronically or otherwise, any photographs or other materials provided to OPTIMA®. Sponsoree further agrees that OPTIMA® may use Sponsoree’s name in connection with any advertising or marketing efforts of OPTIMA® in any manner not covered by the preceding sentence, provided that OPTIMA® has obtained Sponsoree’s consent. Sponsoree represents and warrants that any items which it makes available to OPTIMA® pursuant to this paragraph shall not infringe or violate any person’s or party’s rights, including, without limitation, any copyright, trademark, publicity or privacy rights.
Release. Sponsoree hereby releases, discharges, and holds OPTIMA® harmless from any and all claims, counterclaims, actions, causes of action, liabilities, demands, rights, damages, costs, expenses, and controversies of every kind and description whatsoever, whether known or unknown, and whether in law or in equity, arising as a result of OPTIMA®’s use of testimonials, photographs or the like, or use of Sponsoree’s name in accordance with the provisions in the preceding paragraph.