The following provisions apply to all users of the HeartSmart IMT testing services hereafter referred to as the “Client.”
Use of Logo and Marketing Support
- The HeartSmart IMT name and logo may be used in any marketing or other promotional materials produced by the Client. The HeartSmart IMTplus® logo and HeartSmart IMT Report shall remain the sole property of the Company. In no event shall the Client receive title or any ownership to any HeartSmart IMT intellectual property.
- The Company will provide informational and marketing materials to the Client that are standard materials produced by the Company. Marketing and other patient-oriented materials that Client requires may also incorporate Private Labeling for Client with Client’s logos and address information as detailed in the separate Licensing Agreement if so executed. The Company will provide such Client-requested collaterals at the direct cost for such materials which shall be reimbursed by Client within 30 days after Client Invoice has been mailed to the address listed herein.
- In addition, the Client agrees that the Company may reference the Client in the Company’s list of customers and may refer prospective customers to the Client as a reference site. The Company may provide a press release to announce the implementation of HeartSmart IMT for the Client at no additional charge to the Client.
The Client acknowledges the relationship with HeartSmart does not transfer any intellectual property rights and that Company owns all rights to the Company’s intellectual property, including, without limitation, trademarks, copyrights, the websites, tools and processes, and any and all updates. The Company retains all rights, title and interest (including patent rights, copyrights, trade secret rights and all other intellectual property rights) towards the (i) websites, tools and processes and all derivative works thereof (by whomever produced) and all related documentation and materials thereto, and (ii) all Company marks, trademarks, service marks and/or registered marks.
Data generated from the analysis of the patient scans shall be retained and maintained on HeartSmart’s cloud-based servers and may be used by the HeartSmart in future analysis of its aggregate carotid intima-media thickness (CIMT) database for research purposes provide that no patient information is disclosed that would be prohibited under HIPAA.
Clients may request and HeartSmart will provide its aggregate data for its own analysis and other purposes provided that the Client shall reimburse HeartSmart for any expenses incurred in segregating the Client’s data and providing it in the format requested by the Client.