MATERIAL LICENSE AGREEMENT

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Once read, understand and agree to the material license agreement, click ‘YES’ at the bottom of this page to gain access to website.

ALLERGAN AESTHETICS, an ABBVIE CORPORATION division (“LICENSOR”) hereby grants to You a non-exclusive, free of charge, non-transferrable license (the “License Grant”) to use the branded and unbranded materials it may provide to You from time to time (the “Materials”) during the Term in Canada in association with the Allergan products to which the Materials refer (the “Allergan Products”) and/or for the purpose of providing the general public with medical information and content, in various format and through different media.
This Agreement and the provisions hereof, except as otherwise provided, shall continue indefinitely, subject to the terms of this Agreement (the “Term”).
  • A. You acknowledge LICENSOR’s exclusive rights in the trademarks and/or copyright in the Materials and further acknowledge that the trademarks are unique and original to LICENSOR and that LICENSOR or its affiliate is the owner thereof. You shall not, at any time during or after the effective Term of the Agreement dispute or contest, directly or indirectly, LICENSOR’s exclusive right and title to the trademarks or the validity thereof. LICENSOR, however, makes no representation or warranty with respect to the validity of any trademark.
  • B. You agree to comply with the Allergan Branding Guidelines, attached at Schedule A.
  • C. The permission granted by this section 3 is for electronic or printed advertising and marketing materials. The permission is NOT for any other use of Allergan’s trademarks. If You wish to make other use of one or more of our trademarks, for example in a domain name, on exterior or interior signage at your clinic, or in the actual name of your clinic, you must contact your Allergan representative, provide LICENSOR with examples of proposed use of our trademark and seek and obtain express written permission. 
  • A. You may use the Materials during the Term in the Territory on or in association with the Allergan Products only so long as the quality of such usage is consistent with the level of quality reflected in LICENSOR’s own products and services and the Materials are not altered and/or the alterations are made under the strict guidance of Allergan. Without limiting the foregoing and by way of example only, the Materials may not be used on or in connection with any material that is disparaging or defamatory in any way to LICENSOR, its affiliates, products, suppliers or customers; the Materials may not be used on or in connection with any material that is pornographic, morally offensive, or otherwise objectionable in light of Allergan’s reputation for providing high quality products; and the Materials may not be used on or in connection with any material that violates any applicable law or regulation in the territory, including but not limited to advertising and promotion of pharmaceutical and/or medical device products, applicable privacy and data protection laws and regulations, Product labels and other regulatory requirement, industry professional code of conducts, professional code of conducts, laws and regulation on the interaction of pharmaceutical companies with healthcare professionals, and applicable anti-bribery and anti-corruption legislation. 
  • B. Further, You acknowledge that the products of LICENSOR are regulated under the Food and Drugs Act and its regulations, and You are solely responsible for compliance with the provisions of this legislation and Health Canada policies as they relate to communications about such products.
  • C. At LICENSOR’s reasonable request, You shall submit to LICENSOR samples of any and all publication in which Materials have been used for review and where applicable for approval prior to the distribution of such materials. LICENSOR shall have the right to require You to immediately cease the usage of the Material and, if applicable, to recall and withdraw the Materials from any media through which it has been disseminated to the fullest extent possible.
  • A. LICENSOR may terminate this Agreement at any time upon immediate written notice. 
  • B. This Agreement and the License Grant shall immediately expire in the event You cease to purchase, offer, sell, and/or prescribe the Allergan Products, as the purpose for granting the License Grant is at all times to provide the general public with medical information and content related to the Allergan Products.

Upon the expiration or termination of this Agreement for any reason, all of Your rights under this Agreement shall terminate and immediately revert to LICENSOR and You shall immediately discontinue all use of the Materials at no cost whatsoever to LICENSOR, and You shall immediately return to LICENSOR all Materials at no cost to LICENSOR.

You recognize the value of the goodwill associated with the Materials and acknowledge that the trademarks and all rights therein including the goodwill pertaining thereto, belong exclusively to LICENSOR. 

If an action for infringement of the rights licensed in this Agreement is brought, You shall execute all papers, testify on all matters, and otherwise cooperate in every way necessary and desirable for the prosecution of any such lawsuit. 

You agree to defend and indemnify LICENSOR, its officers, directors, agents and employees, against all costs, expenses and losses (including reasonable attorneys’ fees and costs) incurred through claims of third parties against LICENSOR based on the misuse of the Materials. 

This Agreement shall be governed by and construed under the laws of the Province of Ontario and the Laws of Canada, without regard to its conflicts of law principles. 

If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement. 

The license granted hereunder is personal to You and shall not be assigned by any act or by operation of law unless in connection with a transfer of substantially all of Your assets or with the express written consent of LICENSOR.

During the term of this Agreement, You shall comply with all safety reporting obligations pursuant to the applicable laws of Canada. In addition, any adverse event involving any of Allergan’s products must be reported within 24 hours to Allergan via the following contact details: 

Phone 1-866-653-9308

BOTOX COSMETIC®, BELKYRA®, LATISSE®CAPV@abbvie.com
JUVÉDERM®AUS-PSReporting@abbvie.com
CoolSculpting®Coolsculptingsupport-ca@allergan.com
SkinMedica®AUS-PSReporting@abbvie.com
Plastic and Reconstructive surgeryAus-breastinternationalcomplaints@abbvie.com
Follow-up on existing AE/ query PH casesPLSProductSurveillanceteam@abbvie.com
You have indicated that you would like to use one or more of Allergan Aesthetics, an AbbVie Corporation division’s (“Allergan”) trademarks and logos (collectively “trademarks”) in your own electronic or printed advertising and marketing materials. Allergan grants you permission to use its trademarks in electronic or printed advertising and marketing materials. HOWEVER, as a condition of Allergan granting you permission, you must follow these strict guidelines:
  1. You must display the trademark exactly as provided to you by ALLERGAN AESTHETICS. You may not alter the colour or font, or any other aspect of the design.
  2. In written text, you must distinguish the trademark from the rest of the text by capitalizing the trademark as follows:
    • BOTOX COSMETIC®
    • JUVÉDERM®
    • Juvéderm® SKINVIVETM
    • Juvéderm® VOLBELLA®
    • Juvéderm® VOLIFT®
    • Juvéderm® VOLUMA®
    • Juvéderm® VOLUXTM
    • BELKYRA®
    • LATISSE®
    • SkinMedica®
    • NATRELLE®
    • COOLSCULPING®
    • COOLTONE®
  3. You must state that ALLERGAN AESTHETICS is the owner of the trademark and copyright by using the following statements on all printed or electronic advertising or marketing material:
Trademark Statements: For BELKYRA®, the appropriate trademark statements are as follows:
  • BELKYRA® and its design are trademarks of Allergan Sales, LLC, an AbbVie company, used under license by AbbVie Corporation.
  • BELKYRAMD et son identité graphique sont des marques de commerce d’Allergan Sales, LLC, une société d’AbbVie, utilisées sous licence par Corporation AbbVie.
For BOTOX COSMETIC® and LATISSE®, the appropriate trademark statements are as follows:
  • BOTOX COSMETIC® and its design are trademarks of AbbVie Corporation.
  • BOTOX COSMÉTIQUE MD et son identité graphique sont des marques de commerce de Corporation AbbVie.
  • LATISSE® and its design are trademarks of AbbVie Corporation.
  • LATISSEMD et son identité graphique sont des marques de commerce de Corporation AbbVie.
For JUVÉDERM®, Juvéderm® SKINVIVETM, Juvéderm® VOLBELLA®, Juvéderm® VOLIFT®, Juvéderm® VOLUMA® and Juvéderm® VOLUXTM, the appropriate trademark statements are as follows:
  • JUVÉDERM®, SKINVIVETM, VOLBELLA®, VOLIFT®, VOLUMA®, VOLUXTM and their designs are trademarks of Allergan Holdings France SAS, an AbbVie company, or its affiliates, used under license by AbbVie Corporation.
  • JUVÉDERMMD, SKINVIVEMC, VOLBELLAMD, VOLIFTMD, VOLUMAMD, VOLUXMC et leurs identités graphiques sont des marques de commerce d’Allergan Holdings France SAS, une société d’AbbVie, ou de ses sociétés affiliées, utilisées sous licence par Corporation AbbVie.
For SkinMedica® trademarks, the rules are as follows: If “SkinMedica” is being used in a promotional piece as part of the product name (e.g., the SkinMedica® HA5 product), then it is appropriate to use the trademark statement:
  • SkinMedica® and its design are trademarks of AbbVie Corporation.
  • SkinMedicaMD et son identité graphique sont des marques de commerce de Corporation AbbVie.
If however, “SkinMedica” is being used to refer to the corporate entity that developed the products (e.g., SkinMedica developed LYTERA, TNS and many other products), then please do not insert a trademark statement for “SkinMedica” because we no longer include trademark statements for our corporate entities. The Copyright Statement is as follows: © 2023 AbbVie. All rights reserved.
You have indicated that you would like to use one or more of Allergan Aesthetics, an AbbVie Corporation division’s (“Allergan”) trademarks and logos (collectively “trademarks”) in your own electronic or printed advertising and marketing materials. Allergan grants you permission to use its trademarks in electronic or printed advertising and marketing materials. HOWEVER, as a condition of Allergan granting you permission, you must follow these strict guidelines:
  1. You must display the trademark exactly as provided to you by Allergan. You may not alter the colour or font, or any other aspect of the design.
  2. In written text, you must:
    • Distinguish the trademark from the rest of the text by capitalizing the trademark as follows:
    • BOTOX COSMETIC®
    • JUVÉDERM®
    • JUVÉDERM SKINVIVE®
    • JUVÉDERM VOLITE®
    • JUVÉDERM VOLBELLA®
    • JUVÉDERM VOLIFT®
    • JUVÉDERM VOLUMA®
    • JUVÉDERM VOLUX®
    • BELKYRA®
    • LATISSE®
    • SKINMEDICA®
    • NATRELLE®
    • KELLER FUNNEL®
    • REVOLVE®
    • ALLODERM®
  3. You must state that Allergan is the owner of the trademark and copyright by using the following statements on all printed or electronic advertising or marketing material:
    • Trademark Statements:
      • For BELKYRA®, the appropriate trademark statements are as follows:
        • BELKYRA® and its design are trademarks of Allergan Sales, LLC, an AbbVie company, used under license by AbbVie Corporation.
        • BELKYRAMD et son identité graphique sont des marques de commerce d’Allergan Sales, LLC, une société d’AbbVie, utilisées sous licence par Corporation AbbVie.
      • For BOTOX COSMETIC® and LATISSE®, the appropriate trademark statements are as follows:
        • BOTOX COSMETIC® and its design are trademarks of AbbVie Corporation.
        • BOTOX COSMÉTIQUEMD et son identité graphique sont des marques de commerce de Corporation AbbVie.
        • LATISSE® and its design are trademarks of AbbVie Corporation.
        • LATISSEMD et son identité graphique sont des marques de commerce de Corporation AbbVie.
      • For JUVÉDERM®, JUVÉDERM SKINVIVE®, JUVÉDERM VOLITE®, JUVÉDERM VOLEBLLA®, JUVÉDERM VOLIFT®, JUVÉDERM VOLLURE®, JUVÉDERM VOLUMA® and JUVÉDERM VOLUX®, the appropriate trademark statements are as follows:
        • JUVÉDERM®, SKINVIVE®, VOLITE®, VOLBELLA®, VOLIFT®, VOLLURE®, VOLUMA®, VOLUX® and their designs are trademarks of Allergan Holdings France SAS, an AbbVie company, or its affiliates, used under license by AbbVie Corporation.
        • JUVÉDERMMD, SKINVIVEMD, VOLITEMD, VOLBELLAMD, VOLIFTMD, VOLLURE®, VOLUMAMD, VOLUXMD et leurs identités graphiques sont des marques de commerce d’Allergan Holdings France SAS, une société d’AbbVie, ou de ses sociétés affiliées, utilisées sous licence par Corporation AbbVie.
        • *The JUVÉDERM® trademark statements will need to be modified if the piece being reviewed includes some, but not all the listed products.
      • For SKINMEDICA® trademarks, the rules are as follows:
        • If “SkinMedica®” is being used in a promotional piece as part of the product name (e.g., the SkinMedica® HA5 product), then it is appropriate to use the trademark statement:
          • SKINMEDICA® and its design are trademarks of AbbVie Corporation.
          • SKINMEDICAMD et son identité graphique sont des marques de commerce de Corporation AbbVie.
        • If however, “SkinMedica®” is being used to refer to the corporate entity that developed the products (e.g., SkinMedica® developed LYTERA, TNS and many other products), then please do not insert a trademark statement for SkinMedica® because we no longer include trademark statements for our corporate entities.
      • For NATRELLE®, the appropriate trademark statements are as follows:
        • NATRELLE® and its design are trademarks of AbbVie Corporation.
        • NATRELLEMD et son identité graphique sont des marques de commerce de Corporation AbbVie.
      • For KELLER FUNNEL®, the appropriate trademark statements are as follows:
        • KELLER FUNNEL® and its design are trademarks of Keller Medical, Inc., an AbbVie company, used under license by AbbVie Corporation.
        • KELLER FUNNELMD et son identité graphique sont des marques de commerce de Keller Medical, Inc., une société d’AbbVie, utilisées sous licence par Corporation AbbVie.
      • For REVOLVE®, the appropriate trademark statements are as follows:
        • REVOLVE® and its design are trademarks of LifeCell Corporation, an AbbVie company, used under license by AbbVie Corporation.
        • REVOLVEMD et son identité graphique sont des marques de commerce de LifeCell Corporation, une société d’AbbVie, utilisées sous licence par Corporation AbbVie.
      • For ALLODERM®, the appropriate trademark statements are as follows:
        • ALLODERM® and its design are trademarks of LifeCell Corporation, an AbbVie company, used under license by AbbVie Corporation.
        • ALLODERMMD et son identité graphique sont des marques de commerce de LifeCell Corporation, une société d’AbbVie, utilisées sous licence par Corporation AbbVie.
  4. The Copyright Statement is as follows:
    • © 2024 AbbVie. All rights reserved.
    • © 2024 AbbVie. Tous droits réservés.

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