Trademark Use Guidelines

Trademarks perform the useful function of identifying, for consumers, the source of particular products or services. When someone uses another's trademark in a way that may be misleading about the origin of a product or its features, the trademark becomes less valuable to consumers in identifying and differentiating between various product or service offerings.

Our Open Source License (www.cacaotv.com/license.html) does not grant any rights to use of our marks. In order to insure the identity and reliability of our technology throughout the internet community, especially because the CACAOTV client is open source, it is important that everyone who wants to use our trademarks understands and follows our usage policies, which we will update from time to time. We appreciate your assistance in helping to insure that cacaoTV's marks, such as CACAOTV, CACAO, and our logo, continue to represent our innovative technology. In order to insure the identity and reliability of our technology throughout the internet community, especially because the CACAOTV client is open source, it is important that everyone who wants to use our trademarks understands and follows our usage policies, which we will update from time to time.

Our trademark policy is clear: If you are just referring to us, the protocol, the client or our software, or are otherwise making a non-commercial fair use of the CACAOTV name or mark, you need not ask for permission to do so. But use of our logo, or of CACAOTV or CACAO in a domain name, or incorporating our technology into a commercial product or service, requires our permission and a trademark license.

The following identify several situations that do not require our permission, and others that do. If you are unsure which category what you plan to do falls in, please contact us at trademarks@cacaotv.com before you use any of our marks. Also, if you do need our permission to make a particular use, please contact us, in advance, at trademarks@cacaotv.com. We will try to respond to your inquiry as soon as we possibly can.

You Don't Need Our Permission When You Are:

• Talking about CACAOTV. The CACAOTV client, is available free of charge. It has always been distributed freely, because its purpose from the beginning was to facilitate sharing and communication among members of the internet community. We still strongly believe in these ideas, and the concept of "free communication" - that is to say, free speech. As such, it is important that people be able to talk about CACAOTV, as a protocol, as a client, as software and as a company. If you're just talking about us or our products (as in "cacaoTV rocks" or "I want to learn how to use cacaoTV more successfully"), in a non-commercial context, you don't need to ask our permission. All we ask is that you're honest. Don't call things CACAOTV when you know they're not, or say things about our products that you know aren't true.

• Referring to an Actual CACAOTV Product or Service. The whole purpose of our trademarks is to let you know when you're dealing with something from cacaoTV. A platform, client, idea, service, website, or anything else that actually comes from cacaoTV, Inc., should always be given its correct name. In fact, we have a right to have our name and marks on the things we've produced. No one may falsely claim that a CACAOTV product was actually made by someone else. Give credit where credit is due. Also, please identify our marks as trademarks of cacaoTV, Inc., and please avoid using our marks as verbs or nouns (of course, you can use cacaoTV to refer to the company!).

• Making Other Noncommercial Use. You don't need a license to use the CACAOTV mark if you're just using it to refer to the fact that you have included the CACAOTV protocol (available under the cacaoTV Open Source License) in an application you're making available for free. While you still have a responsibility to make it clear that you've used the CACAOTV protocol and didn't invent the whole thing yourself, you do not need a license unless you also fall into one of the categories listed below (such as if you want to distribute your application from a website with a "cacaoTV" URL).

You Need Permission When You Want To:

• Use our Logo. The CACAOTV logo is a unique mark closely associated with cacaoTV, Inc. Before making any use of the logo in any form, you need a license from cacaoTV. Feel free to use this as your file icon, but only to identify CACAO™ files.

• Names and Titles. The titles of goods and services are also closely associated with the name of the company who made them. Any product or service that uses CACAOTV in its name or title is likely to confuse consumers into believing that cacaoTV, Inc is in some way responsible for, or associated with that offering. If people are unhappy with the product or service, they may be unhappy with our company, and/or may expect us to perform support or other services for them based on their use of the product. Therefore, any product or service with a name or title that includes CACAOTV, a shortened or scrambled form of CACAOTV, or something that's designed to look or sound a lot like CACAOTV requires prior approval from us. Using CACAOTV on your product or as the name of your service essentially is using our reputation, so you need our permission before you do this.

• Use Our Mark in a Domain Name. In the same way that a product with CACAOTV in the name is likely to make people think cacaoTV is associated with or controls the product, a domain name that contains or is similar to CACAOTV is likely to make people think that cacaoTV controls or is somehow associated with the domain. If you want to run a website under a CACAOTV-based domain name, you will first need to get our permission to do so.

• Incorporate our Technology into a Commercial Product. If you plan to sell a product using our technology or protocol, provide a service based on cacaoTV's products, or otherwise use CACAOTV to make money, you need to get cacaoTV's permission to use our trademarks, so that there is no consumer confusion about our involvement in your venture. It is contrary to our purpose and goals to be associated in the minds of consumers with commercial products to which we have no connection. As such, any effort to commercialize any of the CACAOTV technology requires a trademark license from us.

• Misleading or Confusing People. If you are using any of our trademarks in a way that will cause people to get the wrong idea about cacaoTV's involvement in something, you should stop! If you have some reason why you think your proposed use isn't misleading or confusing, let's talk.