top of page
Z19-003-ZQ Merino-Sheep in front of mountains-1-600x400-bf06395.jpg

Brand Portal Terms of Use - The New Zealand Merino Company Limited 

 

Introduction

Brand partners that sign a Brand Licence Agreement with NZM have exclusive access to our Brand Portal - a portal with a range of Licenced Imagery, Brand Guidelines, Case Studies and Fact Sheets, all designed to support Brand Partners drive sell through of ZQ and ZQRX products.

 

The Brand Portal offers registered users access to and use of digital assets solely for the authorized purposes outlined on this Brand Portal. 

​

The following Terms of Use (“Terms”) constitute a binding agreement between you and The New Zealand Merino Company Limited (“NZM”) governing your use of this Brand Portal and any assets you download or share from it. 

​

NZM may update or modify these Terms at any time, with such changes to take effect upon the posting of the amended Terms on this website/portal.  By continuing to access this Brand Portal, you agree to be bound by the amended Terms. 

​

1. Acceptance of Terms 

By accessing or downloading any assets from this Brand Portal (the “Assets”), you agree to comply with and be bound by these Terms and all applicable brand guidelines and authorized uses, including as set out in NZM’s brand guidelines which have been uploaded to, and are available on, this Brand Portal (“NZM’s Brand Guidelines”). If you do not agree to these Terms, do not use or download any Assets from this Brand Portal. 

These Terms apply in addition to the brand licence agreement entered into between you (or your affiliated organisation) and NZM.  You will comply with such brand licence agreement to the extent the terms of the brand licence agreement apply in respect of any Assets.  To the extent there is any inconsistency or conflict between these Terms and the brand licence agreement, the terms of the brand licence agreement will prevail.  

These Terms also do not limit any other agreement entered into between you (or your affiliated organisation) and NZM. 

​

2. Authorized Use 

Assets within this Brand Portal are provided for marketing, communications and promotional use related to NZM, ZQ and ZQRX only. 

Accordingly, you may: 

  • Download and use Assets for your marketing communications and promotional uses in relation to NZM, ZQ and ZQRX. 

  • Only use such Assets in compliance with NZM’s Brand Guidelines any other requirements notified to you by NZM from time to time. 

  • Share Assets with authorized partners, agencies, or media provided such persons or entities comply with these same Terms. 

  • Assets contained in this Brand Portal may also change from time to time (either with new Assets being added or Assets being removed).  Your rights under these Terms in relation to Assets applies to those Assets contained in this Brand Portal at the relevant time of use. 

​

3. Prohibited Use 

You may not: 

  • Alter, distort, or modify logos or other brand elements which are included in the Assets. 

  • Use Assets in a potentially misleading, defamatory or unlawful manner or a in manner which brings, or is likely to bring, NZM (or its personnel), ZQ or ZQRX into disrepute; 

  • Sell, license or distribute Assets to any third parties not expressly authorized by NZM. 

  • Use Assets to imply endorsement of unrelated products, programmes or organizations. 

​

4. Attribution and Guidelines 

Always follow the brand’s visual identity and usage guidelines as set out in NZM’s Brand Guidelines. 
Reference: Brand Guidelines Link

If unsure about an Asset’s use, contact comms@nzmerino.co.nz 

​

5. Intellectual Property Rights 

NZM is the owner or licensed user of the copyright and all other intellectual property rights in the Assets and this Brand Portal.  All Assets are protected by copyright, trademark and/or other applicable laws, unless expressly stated otherwise. No ownership rights to this Brand Portal or the Assets are transferred to you through access or download.  Your sole rights in relation to this Brand Portal and the Assets are as set out in these Terms. 

​

6. Termination of Access 

NZM reserves the right to immediately revoke your access to the Brand Portal at any time where NZM considers you have breached these Terms, misused the ZQ or ZQRX brand, NZM considers you are no longer employed or associated with your affiliated organisation or where the brand licence agreement between you (or your affiliated organisation) and NZM expires or is terminated. 

NZM may also end or suspend your access to the Brand Portal at any time on giving 14 days’ written notice to you, at its discretion.  

​

7. Disclaimer / liability 

The Assets are provided on an “as is” basis.  NZM makes no warranties regarding their suitability for any particular use or purpose.  You assume all responsibility for proper and lawful use of the Assets in your applicable jurisdiction. 

You use this Brand Portal and the Assets at your own risk.  To the maximum extent permitted by law: 

all warranties, representations and guarantees in relation to this Brand Portal and the Assets (whether express, implied or statutory) are excluded; and 

NZM will not be liable for any damage, loss or expenses of any kind suffered or incurred by you or any third party in connection with your access to or use of (or inability to access or use) this Brand Portal or any Assets (whether in contract, tort (including negligence) or otherwise). 

In the event NZM is held liable for any damage, loss or expenses of any kind referred to in (b) above, NZM’s aggregate liability will be limited to NZ$1. 

NZM and you agree that where you are accessing this Brand Portal and downloading and using Assets you are doing so for the purposes of trade and, having regard to all relevant circumstances, it is fair and reasonable that (i) the Consumer Guarantees Act 1993 (NZ) and (ii) sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 (NZ) do not apply to such access, downloads and use to the extent permitted by law. 

​

8. Privacy and Data Collection 

NZM may collect limited personal information when you access or use this Brand Portal, such as your name, email address, organisation and download activity and those of your authorised personnel. 

Your personal information will be collected, used, stored and disclosed: 

solely for the purposes managing access to this Brand Portal, monitoring Asset use and maintaining brand integrity; and  

in accordance with New Zealand’s Privacy Act 2020 and any privacy policy adopted by NZM (as may be updated or replaced from time to time) and available on NZM’s website at https://www.nzmerino.co.nz/. 

By using this Brand Portal, you consent to the collection, use, storage and disclosure of your personal information as described in, and in accordance with, these Terms, any privacy policy adopted by NZM and the Privacy Act 2020 (NZ). 

​

9. Governing Law 

This Brand Portal and these Terms are governed by, and construed in accordance with, the laws of New Zealand. 

You irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or claim arising out of or in connection with these Terms or the use of Assets from this Brand Portal. 

To the maximum extent permitted by law, NZM will not be liable for any failure of this Brand Portal or any Assets to comply with the laws of any other country. 

​

10. Contact Information 

For questions, approvals, or permissions related to this Brand Portal please contact: comms@nzmerino.co.nz

​

bottom of page