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Marksmart Monitoring Service Terms

Last Updated: April 19, 2019

This agreement is between (“Law Firm”) and You (“Client”) effective on the date of your submission of the order and pending a conflict check by Law Firm. In the event that there is a conflict with another present or past client and we are unable to take your case, you will be refunded in full. Submission of payment using this form constitutes your electronic signature and you agree to be bound by the terms below:

Client employs Law Firm to undertake legal services that Client purchased on the MarkSmart Trademark Monitoring form. Scope of available services are listed below

On a bi-monthly basis Law Firm will review records of new trademark applications and/or domain name registrations consistent with the level of MarkSmart Monitoring Client subscribed to. Law Firm will review new records for direct matches, near matches, and phonetically similar matches and inform Client of results that appear to significantly similar to Client’s mark based on Law Firm’s professional opinion. Law firm will inform the Client of the perceived likelihood of success of the proposed mark by phone or email correspondence and review with Client options on how to best enforce their mark.

Law firm will perform contracted for legal services, inform Client of progress, and respond promptly to Client inquiries. Client agrees to promptly communicate with Law Firm, provide necessary documentation as requested, pay necessary costs, fees, and expenses in a timely manner and keep Law Firm informed of current telephone number and email address Client agrees to ensure that status update emails from are not being blocked by their email spam filters and agrees to regularly review correspondence from attorneys and support staff by regularly logging into their account.

All fees are earned when paid and are nonrefundable. Client’s tender of funds vests interest in the funds to the Law Firm immediately upon receipt. All funds paid are immediately the property of the Law Firm. This is not a retainer agreement. This means that fees paid will NOT be put in any trust account on Client’s behalf. It is clearly understood that the deposit of said funds will be the sole property of the Law Firm and will not be refunded to Client should Client otherwise become dissatisfied. If there is any disagreement or concern with regard to the nonrefundable fees, Client should seek counsel with another lawyer of his or her choice.

Client understands that MarkSmart monitoring is provided on a best-efforts basis and that it is not possible to guarantee that every potentially infringing mark will be caught with perfect certainty. Client also understands that trademark searches of any kind are inherently imperfect as database providers build their products from a multiplicity of public and private sources of varying quality and coverage.

It is understood that Law Firm reserves the right to assign all or any portion of the work to be performed under this Agreement to an associate, law clerk, other lawyers, paralegals, or others working under Law Firm’s supervision at Law Firm’s expense.

Client is entitled to terminate this agreement at any time by cancelling their MarkSmart monthly subscription by emailing All future billings will be suspended within two business days. Client understands that no prorated refunds are given for unused services for the subscription period previously billed.

Law Firm may elect to withdraw from Client’s representation and terminate this Agreement for good and sufficient cause, which may include innocent or intentional misrepresentation of material facts by Client, or discovery of facts or circumstances during the course of this Agreement from which the Law Firm concludes that such continued representation would be in violation of professionally recognized standards of conduct. This agreement may be terminated by Law Firm upon written notice to Client if Client fails to timely pay fees, costs, or expenses due.

In event that legal action is required by Law Firm to recover any fees or cost reimbursements due from Client pursuant to this Agreement, Law Firm will be entitled to an award of reasonable attorney fees that will be determined and awarded by a court in such action.

Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement and such declaration shall have no effect on the enforceability of the remaining terms. This Agreement contains the complete and entire understanding and agreement between Client and Law Firm and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.