These Brand Usage Terms & Conditions (“Terms”) govern the access to and use of all brand-related materials, including but not limited to registered trademarks, logos, typography, fonts, images, videos, colours palettes, taglines, graphic elements, digital assets and mnemonic (collectively will be referred to “Brand Assets”) provided by FOMEMA Sdn. Bhd. (“FOMEMA”).

By downloading, accessing, or using the Brand Guideline and Brand Assets, you acknowledge that you have read, understood, and agreed to comply with these Terms including any amendments or updates made by FOMEMA from time to time.

1. Permitted Use

 Brand Assets may only be used for purposes that are:

1. Directly related to authorised projects, partnerships, sponsorship, campaigns, media features, advertisements, publications, events, social media postings, or other engagements approved by FOMEMA;
2. In compliance with the latest version of the Brand Guideline issued by FOMEMA from time to time;
3. Limited solely to the specific scope, duration, platform, and purpose expressly approved by FOMEMA;
4. Used in a manner that preserves and protects the integrity, goodwill and reputation of FOMEMA and its Brand Assets; and
5. Subject to ongoing compliance monitoring by FOMEMA, including any request for amendment, correction, withdrawal, suspension, or removal.
   
   

2. Prohibited Use

You shall not, whether directly or indirectly:

1. Modify, distort, alter, or manipulate any Brand Assets without prior written approval from FOMEMA;
2. Use Brand Assets in any misleading, deceptive, defamatory, fraudulent, unlawful, offensive, discriminatory, political, religious or inappropriate manner;
3. Use Brand Assets in any way that may damage, dilute, tarnish or misrepresent, or negatively affect the FOMEMA’s identity, reputation, public image or integrity;
4. Use Brand Assets in connection with any product, service, activity, or content that is illegal, unethical, infringing, obscene, harmful, or contrary to public policy or applicable laws;
5. Sub-license, assign, commercially exploit, sell, republish, distribute, transfer or otherwise make available the Brand Assets to any third party for purposes unrelated to authorised engagements involving FOMEMA without prior written consent.
6. Register, claim, contest or attempt to obtain intellectual property rights, domain names, social media handles, trade names, business names over the Brand Assets or any substantially similar materials.
7. Remove, obscure, or alter any proprietary notices, copyright notices, trademark symbols, or attribution notices associated with the Brand Assets; or
8. Continue using the Brand Assets after the expiry, completion, suspension, withdrawal, or revocation of the relevant approval or authorised engagement.
   
   

3. Compliance with Brand Guidelines

All usage of Brand Assets must strictly comply with the specifications and requirements outlined in the Brand Guideline. FOMEMA reserves the right, at its sole discretion to request amendments, removal, or withdrawal of any Brand Assets or materials containing the Brand Assets that are deemed non-compliant with the Brand Guideline and/or these Terms. Any non-compliance identified by FOMEMA must be rectified immediately upon notice.

4. Intellectual Property Rights

All Brand Assets rights, title and ownership shall remain solely and exclusively vested in FOMEMA at all times. Nothing contained in these Terms shall be construed as granting, assigning, transferring, licensing or conferring any ownership rights, intellectual property rights, licence, or other proprietary interests in or to the Brand Assets to any party.

5. Approval Rights

FOMEMA reserves the right to review and approve any application or usage of the Brand Assets prior to publication, production, release, display or distribution, where applicable. FOMEMA may refuse approval or impose conditions, limitations, or requirements at its sole discretion without obligation to provide any justification.

6. Revocation and Suspension of Rights

FOMEMA reserves the right to revoke, suspend, restrict, or terminate any permission or authorisation relating to the use of the Brand Assets at any time, with or without notice, including where:

1. There is a breach or suspected breach of these Terms;
2. The usage is deemed inconsistent with FOMEMA’s brand integrity, reputation, values, or corporate interests; or
3. FOMEMA determines that continued use is undesirable or inappropriate for any reason.

Upon revocation or termination, the user shall immediately cease all use of the Brand Assets and, upon request, remove, destroy, return, or permanently delete all materials containing the Brand Assets.

7. Indemnity

You agree to indemnify and hold harmless FOMEMA from and against any and all claims, demands, actions, liabilities, losses, damages, penalties, costs, and expenses arising out of or related to:

1. Any breach of these Terms;
2. Any misuse or unauthorised use of the Brand Assets;
3. Any infringement of third-party rights arising from your use of the Brand Assets; or
4. Any act or omission that causes damage to FOMEMA’s reputation, goodwill, or legal interests.
   
   

8. Limitation of Liability

FOMEMA shall not be held responsible or liable for any direct or indirect, incidental, loss, damage, claim, liability, expense or consequence arising from the use, misuse, unauthorised use, or improper application of the Brand Assets by external parties.

9. Amendments to Terms

FOMEMA reserves the right to amend these Terms and the Brand Guideline from time to time without prior notice. Continued access to or use of the Brand Assets constitutes acceptance of such revisions.

For any clarification, approval request, or branding related enquiry, please contact the Strategic Communications Department via email at scc@fomema.com.my