Thank you for your interest in Faith@Home. Faith@Home is a movement, led by God with a primary objective of challenging, motivating and equipping people to be 24/7, faith at home focused followers of Christ. Its secondary objective is to help church’s establish a customized, integrated and sustainable faith at home/lifestyle discipleship strategy whereby every ministry of the church is inspiring and equipping their people to be faith at home focused followers of Christ. Faith@Home is a mindset with multiple methodologies that can be taught through seminars and materials provided by Pastor Mark Holmen and his team of missionaries.
In order to be sure that everyone encountering Faith@Home Marks and seminars can be confident in the quality and consistency of the materials and information they receive, we require all organizations that desire to use the Faith@Home term and marks agree to this license agreement (“Agreement”).
The Faith@Home Term & Marks
You may use the Faith@Home term, trademarks and currently created service Marks or custom designed service Marks to identify your participation in the Faith@Home movement and the Materials that you offer. By using Faith@Home, you are able to let others know that your organization is a part of a large, international, collective effort focused on bringing faithful Christ like living into the home, and that the materials you provide have been developed with thoughtful care. A current list of created Faith@Home marks can be obtainable when agreement is returned, which may change from time to time, as may the Materials included in the seminars.
Subject to the terms hereof, Pastor Mark Holmen grants you a limited, non-exclusive, non-transferrable license, during the Term of this Agreement, to use, reproduce, create, distribute and publicly display Faith@Home marks solely in connection with your church strategy and materials. You may not assign this license to any third party without the prior written consent of Pastor Holmen. By entering into this Agreement and by using Faith@Home Marks, you agree that no title to, or ownership of, the Faith@Home Marks, the Materials or any related intellectual property is transferred under this Agreement. Neither you nor any person claiming by or through you or on your behalf will assert any rights in the Faith@Home Marks, or will challenge the validity of the Faith@Home Marks or Pastor Mark Holmen’s exclusive ownership of the term Faith@Home thereof. You agree to not adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the Faith@Home Marks. The provisions of this paragraph shall survive expiration and/or termination of this Agreement.
Use of the Faith@Home Marks
You may use the Faith@Home Marks in connection with advertisements, promotions and other material directly related to the Materials that you offer and to the strategy generally. You may also use the Faith@Home Marks on your organization’s website, letterhead, within bulletins or programs, in PowerPoint presentations or general promotional pieces for your organization, provided that any such use shall be for the sole purpose of informing your congregation and/or organization membership of your participation in the Faith@Home movement. You shall not use the Faith@Home Marks on social networking sites or similar websites that are not owned or controlled by your organization (e.g., Facebook, MySpace, Twitter, blog posts, etc.). Further, the Faith@Home Marks shall not be used to promote any third-party materials not supplied through the Program, or in any other way that may lead others to conclude that those materials are a part of the Program, provided that the foregoing shall not preclude you from promoting Program Materials and third-party materials in the same communication. Licensee will always provide a clear link to faithathome.com on your web site, church program or any other place the Faith@Home Mark is used for the purpose of people seeing the origin of Faith@Home to allow others the opportunity to obtain a Faith@Home license. You agree that you will not remove or alter any Faith@Home Marks from any Materials or distribute Materials that do not contain the Faith@Home Marks unless approved in advance in writing by Pastor Holmen. In the event that any use of a Mark or any Materials authorized hereunder infringes (or in Pastor Holmen’s opinion is likely to infringe) the rights of a third party, Pastor Holmen shall notify you, and then, after consultation with you, either: (i) procure the right for you to continue using such Mark or Material; (ii) replace such Mark or Material with a noninfringing equivalent; or (iii) modify such Mark or Material to make it noninfringing. If, after undertaking all commercially reasonable efforts to accomplish the above, Mark Holmen determines that it cannot reasonably accomplish either (i), (ii), or (iii), you shall be entitled to terminate this Agreement. Without limiting any of the foregoing, Mark Holmen shall have no liability to you arising from your continued use of the infringing or potentially infringing Mark or Material after receiving the aforementioned notice from Mark Holmen.
Term and Termination
The term of this Agreement shall commence as of your execution hereof and shall continue for an initial term of one (1) year and shall automatically renew for successive one (1) year periods (each a “Contract Period”) until terminated by either party pursuant to the terms hereof (“Term”). Either party may terminate this Agreement for convenience upon thirty (30) days’ advance written notice.
Upon termination of this Agreement for any reason, you shall immediately discontinue use of the Faith@Home Marks and Materials. Additionally, you shall promptly return to Randall House (or upon request, certify the destruction of) all Materials and other documents and copies thereof containing the Faith@Home Marks and/or any other intellectual property of Pastor Mark Holmen.
Pastor Mark Holmen warrants and represents that he has the power, right and authority to enter into this Agreement, to carry out its obligations under this Agreement, and to grant the rights expressly granted herein. You warrant and represent that you have the power, right and authority to enter into this Agreement on behalf of your organization, to carry out the obligations of the organization under this Agreement, and to grant the rights expressly granted herein. ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, NOT EXPRESSLY GRANTED HEREIN ARE EXPRESSLY DISCLAIMED BY THE PARTIES. WITHOUT LIMITING THE FOREGOING, DISCLAIMED WARRANTIES INCLUDE ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY REPRESENTATIONS OR WARRANTIES CONCERNING RESULTS OBTAINED FROM YOU, YOUR MEMBERS AND/OR CONGREGATION OR OTHERS IN CONNECTION WITH THE USE OF THE PROGRAM AND ANY REPRESENTATION OR WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR COURSE OF PERFORMANCE. RANDALL HOUSE DOES NOT WARRANT THAT THE PROGRAM OR MATERIALS OR ANY PART THEREOF WILL BE ERROR-FREE. NO ORAL OR WRITTEN INFORMATION WILL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT UNLESS MEMORIALIZED IN A WRITING SIGNED BY RANDALL HOUSE EXPRESSLY GRANTING SUCH WARRANTY.
Each party agrees to indemnify, defend and hold harmless the other, its officers, directors, employees, successors and assigns from and against any and all third party claims, causes of actions, losses, damages, liabilities, costs and expenses, including costs of settlements and reasonable attorneys’ fees, incurred by or asserted against the party seeking indemnification or any other indemnified party hereunder arising from: (i) breach of any term or provision of this Agreement by the offending party or its agents, officers, servants, or employees (including without limitation your use of the Faith@Home Marks, Materials or any part of the Program which is in any way inconsistent with the terms of this Agreement); or (ii) acts or omissions with respect to any soliciting, sales, servicing or other activities covered by this Agreement by the offending party or its agents, officers, servants, or employees. Notwithstanding the foregoing, Pastor Mark Holmen shall have no obligation to indemnify you against any claims arising from the alleged infringement of the Faith@Home Marks or Materials that arise from your continued use of such Faith@Home Marks or Materials following Pastor Holmen’s notice in accordance with use of Faith@Home marks section, above. Each party agrees, as a condition to such indemnification, to notify the offending party promptly of any such claim. The indemnified party shall control the defense of any such claim, provided that it shall not settle or otherwise compromise any claim without the prior, written approval of the indemnifying party, which consent shall not be unreasonably withheld or delayed. The indemnifying party may participate in the defense of any claim at its sole expense.
Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against either party and their respective agents, employees, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), your and Pastor Holmen’s advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Rules then in effect. The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and Pastor Mark Holmen. The arbitration shall be held in a mutually agreed upon location in person, by telephone or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction, it being agreed by the parties that the arbitrator shall not be permitted to award special, incidental, consequential, exemplary, punitive or indirect damages of any kind, provided, however, that the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs in connection with the arbitration and in the enforcement of the arbitrator’s award. Disputes relating to use of the Faith@Home Marks, a violation of which would cause Pastor Holmen and his Faith@Home ministry irreparable harm for which damages would be inadequate, shall be exempt from the dispute resolution processes described in this Section. Pastor Holmen reserves the right, in connection with such disputes, at any time and in its discretion, to seek injunctive or other judicial relief in a court of competent jurisdiction, without the necessity of posting a bond, and to recover its reasonable attorney’s fees.
Notices. All notices under this Agreement shall be in writing and shall be considered given if sent by overnight carrier providing delivery confirmation, by certified mail, return receipt requested or delivered by hand to the last known address of the party. A courtesy copy of any notice to Pastor Mark Holmen shall be sent to: The Law Offices of David Hoffman 28494 Westinghouse Place, Suite 204 Valencia, CA 91355, Phone: 661-775-0300, Attn: David Hoffman. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California without giving effect to principles of conflict of laws. The parties consent to jurisdiction in any court located in Ventura County, California. Assignments. You shall not assign (voluntarily, by operation of law or otherwise) this Agreement or any right, interest or benefit under this Agreement without the prior written consent of Pastor Mark Holmen; provided that any assignment by you pursuant to any merger, stock sale, acquisition of substantially all of your assets or other corporate reorganization will not require such consent. Pastor Mark Holmen may assign this Agreement, in whole or in part, at any time and to any party. Subject to the foregoing, this Agreement shall be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Relationship of Parties. You and Pastor Holmen are independent contractors and nothing herein shall be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon either party. The parties shall not have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind the other party. Waiver. The failure of either party to insist upon or enforce strict performance by the other party of any provisions of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver in that or any other instance. Entire Agreement. This Agreement and any Schedules attached hereto constitute the entire agreement between the parties and supersede any and all prior understandings or agreements between the parties as to the subject matter of this Agreement. Pastor Mark Holmen reserves the right to make changes or amendments to this Agreement at any time and will notify all licensees by email address submitted with license application request. Failure to receive the updated notification for any reason will not exempt the licensee from complying with new stipulations. The updated license agreement will always be posted to the www.faithathome.com website. Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section, or in any way affect this Agreement. Counterparts. This Agreement may be executed in counterparts and by facsimile, or by means of “click-through” license, each of which when executed and delivered shall constitute an original, but all of which together shall constitute one and the same document.