Conditions of Use

The following terms and conditions govern the use of ALL proprietary marks owned by The Canadian Health Food Association (CHFA):

  • CHFA will provide logo artwork files. Only artwork files provided by CHFA may be used.
  • Images captured from websites, publications, and other sources may not be used.
  • All proprietary marks owned by CHFA must be used as provided. The CHFA logo and all subsidiary logos are trademarked and may not be manipulated in any way.
  • All uses must include the appropriate trademark symbol. The appropriate symbol will be part of the artwork provided by CHFA.

The use, advertisement and display (“Use”) by Healthier by Nature users could include but is not limited to, CHFA members, bloggers, influencers, industry stakeholders, partners and media.  Use of the Healthier by Nature logo (“Logo”) is subject to the following terms and conditions (“Usage Terms”). Use of the Logo by these parties (“You”) indicates your consent to observe and be bound by these Usage Terms. If You do not agree to these Terms, You must not Use the Logo.

1. Subject to your compliance with these Usage Terms, CHFA grants you a limited, non-exclusive royalty-free, non- transferable license to Use the Logo.

  • In and on your printed and electronic publications containing health and wellness information, information regarding consumer natural health products and services, whole foods, organic food and products, vitamin and mineral supplements, herbal products, homeopathic and traditional medicines, sports nutrition products, natural health pet products, and health and beauty aids;
  • On your Instagram, Facebook Twitter, YouTube social media pages;
  • In and on your print and electronic advertising for products and services (specifically excluding in or on product labels or product literature)
  • On your business website to indicate (“Permitted Uses”). Except for the rights expressly granted herein. You are granted no other right to Use the Logo, any other trade-mark of Healthier by Nature or any other CHFA trademarks or logo

2. You must:

(a) Use the Logo solely in accordance with the guidelines set out in the current Healthier by Nature Graphic Standards Guide (as they may be updated or amended from time-to-time) and in association with any other guidelines which may be issued by Healthier by Nature and communicated to you from time-to-time;
(b) Use the current form of the Logo only;
(c) Adhere to any standards governing the character and quality of the Permitted Uses that may be set by Healthier by Nature and communicated to you from time-to-time;
(d) At the request of CHFA, provide CHFA specimens of your Use of the Logo to enable CHFA to determine whether You are in compliance with these Usage Terms; and
(e) At the request of CHFA, co-operate with CHFA in maintaining and enforcing the Logo and CHFA’s rights therein.

3. You must not:

a) Use the Logo in, on or in association with any products, product labels or product literature or in any manner which, in this sole opinion of CHFA, appears to be an endorsement by Healthier by Nature of any product, service, event or position, action or idea whether implied or direct;
b) Use the Logo in any manner which in the sole discretion of CHFA may reflect negatively or adversely on Healthier by Nature or which may expose CHFA to liability of any nature;
c) Sublicense or allow others to Use the Logo;
d) Register or seek to register the Logo (or any other name or trademark, which, in the sole opinion of Healthier by Nature is confusingly similar with the Logo) (a “Similar Name or Mark”) or any other trade name or trade-mark of Healthier by Nature as a business name, corporate name, trade name, domain name or trade-mark in any jurisdiction; and
e) Amend or modify the Logo in any manner whatsoever.

4. You acknowledge and agree that:

a)
CHFA is the owner of the Logo and all right, title and interest therein;
b) All Use of the Logo by You and any goodwill generated thereby, shall ensure solely to the benefit of CHFA;
c) You shall not at any time do anything inconsistent with the validity of the Logo or inconsistent with CHFA’s ownership thereof;
d) CHFA makes no representations or warranties, express or implied, regarding the Logo or the Use thereof and that your Use of the Logo is solely at your own risk;
e) You shall indemnify and hold CHFA (including its directors, employees and agents) harmless from and against any and all claims, damages, losses, costs and expenses (including reasonable legal fees) arising directly or indirectly from, out of, or relating to (i) your breach of any of these Usage Terms, (ii) any wrongful, negligent or unlawful act or omission committed by You in the marketing, sale or distribution of any goods or products or the advertisement, offering or performance of any services, or (iii) failure by You to comply with any law, statute, rule, regulation, judgement, order or general principle of law or equity applicable to the advertisement, marketing, sale, distribution or performance of any goods or products by You or the advertisement, offering or performance of any services by You;
f) CHFA shall not be liable to You for any direct, indirect, special or consequential damages in any amount whatsoever, including, without limitation, damages in the nature of lost profits, business interruption arising directly or indirectly from, out of, or relating to the Use by You of the Logo; and
g) You shall not settle any claim in which it is asserted that Use of the Logo by You infringes any proprietary right of any third person or entity without the prior written consent of Healthier by Nature nor shall You take any action for or against any third person or entity in respect of the Logo (or any Similar Name or Mark) or the Use by such third person or entity thereof.

5. Termination

a) CHFA shall be entitled to terminate your license to Use the Logo;
i) upon the commission of breach of these Terms by You which breach is not cured as a result of satisfaction of CHFA within fifteen (15) days of CHFA’s notification to You of such breach, or
ii) if You make a general assignment for the benefit of your creditors, commence any proceeding for relief as a debtor, or to be adjudicated bankrupt or insolvent or which seeks reorganization, arrangement, adjustment, liquidation or dissolution of your debts (or if You have such proceedings commenced against You), or if You seek appointment of a receiver for You or your assets (or have a trustee or receiver so appointed) or cease doing business in the ordinary course;
b) Your license to Use the Logo shall be deemed terminated immediately, without notice, if, at any time, your partnership with CHFA ends.
c) CHFA shall have the right to terminate Your license to Use the Logo at any time without cause upon the provision of ninety (90) days notice; and
d) Upon termination of your license to Use the Logo for any reason whatsoever, You shall immediately cease all Use of the Logo.

6. General

a) You may not assign or transfer your license to Use the Logo to any third person or entity (including by way of change in control, merger or amalgamation) without the consent of CHFA;
b) If any provision of these Usage Terms is held to be invalid or an unenforceable, such provision shall be deleted and the remaining provisions shall not be affected but shall continue in full force and effect;
c) These Usage Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You attorn to the courts located in the city of Toronto, Ontario;
d) These Usage Terms and the Usage Guidelines constitute the entire agreement between You and CHFA in respect of Use of the Logo by You; and (e) The following provisions shall survive termination of this agreement for any reason: 3(a)-(e), 4(c) (e) (f) and 5(c)-(e).