OUR INTELLECTUAL PROPERTY IS NOT FREE TO USE.
FrostWave aggressively protects its intellectual property, brand identity, creative materials, and commercial reputation.
Unless you have received express written authorization from FrostWave, you may not copy, reproduce, imitate, distribute, publish, advertise with, sell under, modify, repurpose, or otherwise commercially exploit FrostWave intellectual property.
This includes, without limitation:
- The FrostWave™ name and trademark
- FrostWave logos, wordmarks, slogans, and branding
- FrostWave product names
- FrostWave product photography
- FrostWave graphics, advertisements, illustrations, and infographics
- FrostWave website images and visual assets
- FrostWave website copy, product descriptions, articles, and written materials
- FrostWave packaging designs
- FrostWave marketing materials
- FrostWave social-media content
- FrostWave videos and promotional material
- Original FrostWave artwork, characters, mascots, and designs
- Any confusingly similar branding intended to imitate, impersonate, divert traffic from, or create an association with FrostWave
No permission should be assumed.
If FrostWave has not expressly authorized your use in writing, you should assume that commercial use is prohibited.
Unauthorized Use Has Consequences
FrostWave actively monitors the internet, search engines, online marketplaces, advertising networks, social-media platforms, websites, domains, and ecommerce platforms for unauthorized use of its intellectual property.
When unauthorized use is discovered, FrostWave may immediately preserve evidence relating to the infringement and pursue enforcement without further warning.
Depending on the circumstances, enforcement may include:
- Formal cease-and-desist demands
- Trademark infringement complaints
- Copyright infringement complaints
- Marketplace intellectual-property complaints
- Search-engine complaints
- Advertising-platform complaints
- Social-media enforcement reports
- Domain registrar and hosting-provider complaints
- Payment-processor and ecommerce-platform notifications where appropriate
- Demands for preservation of evidence
- Demands for accounting of revenues and profits
- Demands for monetary compensation
- Requests for injunctive relief
- Civil litigation
- Recovery of damages, profits, costs, and attorneys' fees where permitted by law
- Any additional remedies available under applicable federal, state, or international law
Removal of infringing material after discovery does not necessarily eliminate liability arising from prior unauthorized use.
$1,000 PER DAY ENFORCEMENT VALUATION
FrostWave considers unauthorized commercial exploitation of its intellectual property to cause substantial harm, including loss of brand control, consumer confusion, diversion of customers, dilution of goodwill, investigation expenses, enforcement expenses, and disruption of FrostWave's commercial activities.
Accordingly, FrostWave's published minimum settlement and enforcement valuation for unauthorized commercial use begins at $1,000 USD per calendar day of unauthorized use, calculated from the earliest documented date of unauthorized use through the date on which the unauthorized material has been completely removed and its removal has been verified by FrostWave.
Where multiple FrostWave assets, marks, works, websites, advertisements, storefronts, listings, accounts, domains, or campaigns are involved, FrostWave reserves the right to evaluate each instance separately.
The $1,000-per-day figure represents FrostWave's published enforcement and settlement position. It is not represented as a statutory penalty or as limiting the amount FrostWave may seek under applicable law.
FrostWave expressly reserves the right to demand or pursue an amount exceeding this figure where the circumstances, duration, commercial impact, willfulness, consumer confusion, revenues generated, or applicable law support a greater recovery.
COMMERCIAL INFRINGERS: PROFITS MAY BE PURSUED
If FrostWave intellectual property is used to generate revenue, sell goods or services, obtain customers, generate advertising revenue, collect commissions, produce affiliate income, increase marketplace sales, divert traffic, or otherwise obtain a commercial benefit, FrostWave may seek a full accounting and disgorgement of profits attributable to the unauthorized use to the maximum extent permitted by law.
FrostWave's enforcement position may therefore include demands for:
1. FrostWave's minimum $1,000-per-day enforcement valuation;
2. An accounting and recovery of up to 100% of profits attributable to the infringement where legally recoverable;
3. FrostWave's additional actual damages;
4. Investigation and enforcement costs;
5. Attorneys' fees where recoverable; and
6. Any statutory, enhanced, equitable, injunctive, or other remedies available under applicable law.
Payment or settlement of one category of damages does not waive FrostWave's ability to pursue another category unless FrostWave expressly agrees otherwise in writing.
CLAIMING YOU "DIDN'T KNOW" MAY NOT END THE MATTER
Businesses, advertisers, sellers, publishers, affiliates, agencies, website operators, and other commercial actors are responsible for ensuring that they possess the necessary rights to materials they use.
Receiving a cease-and-desist notice, infringement complaint, platform notification, or other notice from FrostWave places the recipient on explicit notice of FrostWave's claimed rights.
Continued unauthorized use following notice may be documented as evidence relevant to willfulness and FrostWave's enforcement response.
Deleting a page, advertisement, account, listing, or website after receiving notice does not destroy FrostWave's previously collected evidence.
DO NOT IMPERSONATE FROSTWAVE
FrostWave has zero tolerance for websites, listings, advertisements, social-media pages, domains, sellers, or businesses that falsely suggest that they are:
- FrostWave
- The "official" FrostWave website
- An authorized FrostWave seller
- An authorized FrostWave distributor
- An affiliate or partner of FrostWave
- Endorsed, sponsored, approved, or operated by FrostWave
Using FROSTWAVE, a confusingly similar designation, FrostWave imagery, or FrostWave branding in a way that creates consumer confusion may result in immediate enforcement.
This is particularly true when the use involves competing products or services.
DOMAINS, SEO & PAID ADVERTISING
Registering or using a domain name, webpage, social-media username, marketplace listing, advertisement, metadata, title, keyword placement, or other online identifier in a manner intended to impersonate FrostWave or cause consumers to believe that an unaffiliated business is associated with FrostWave may result in enforcement.
FrostWave may preserve evidence including:
- Search-engine results
- Advertising records
- Archived pages
- Domain records
- Marketplace listings
- Source code
- Page metadata
- Social-media content
- Customer communications
- Screenshots
- Transaction records
- Promotional materials
- Traffic-diversion evidence
FrostWave may use this evidence in enforcement proceedings or litigation.
REMOVING THE CONTENT DOES NOT ERASE THE EVIDENCE
FrostWave routinely preserves evidence before contacting suspected infringers.
Changing a website, deleting a listing, removing an advertisement, transferring a domain, changing a username, altering branding, or removing social-media content does not necessarily eliminate evidence of previous infringement or FrostWave's ability to pursue claims arising from that conduct.
Persons receiving an infringement notice from FrostWave should preserve potentially relevant records and should not intentionally destroy evidence relating to the disputed use.
WANT TO USE FROSTWAVE IP?
There is a very easy way to avoid this entire process:
Ask first.
Businesses, publishers, creators, distributors, retailers, media organizations, and potential partners interested in using FrostWave intellectual property should contact FrostWave and obtain written authorization before doing so.
Authorization granted for one purpose does not automatically authorize other uses.
Unless a written license or authorization expressly states otherwise, FrostWave retains all rights in its intellectual property.
NO WAIVER OF RIGHTS
Failure by FrostWave to immediately enforce a particular violation does not constitute permission, consent, abandonment, or waiver of FrostWave's rights.
FrostWave expressly reserves all rights and remedies available under applicable law.
Nothing contained on this page limits FrostWave's ability to seek remedies greater than the amounts or measures described above when supported by the facts or applicable law.
If You Use FrostWave IP Without Permission, Expect Enforcement.
Don't copy it.
Don't impersonate it.
Don't sell under it.
Don't advertise with it.
Don't profit from it.
If you want to work with FrostWave, ask for permission first. ^
If you choose to use FrostWave intellectual property commercially without authorization, FrostWave reserves the right to document the activity, identify the responsible parties, calculate the duration and commercial benefit of the unauthorized use, and pursue all appropriate remedies.
^ https://www.getfrostwave.com/pages/contact
FROSTWAVE™ — ALL RIGHTS RESERVED.