New Product Portal

These terms govern your use of Atkore International, Inc. or its affiliates (collectively “ATKORE”) website including any Content Files (defined below) accessed through any ATKORE new product portal.

1. CONTENT FILES. “Content Files” means files available on the ATKORE New Product Portal or ATKORE WEBSITES including, by way of example, and not as limitation: logos, artworks, resources, videos, images, brochures, catalogues, and other Content Files protected by intellectual property laws, including by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity).
2. ATKORE, the owner and licensor of the Content Files, grants to you, the revocable, non-exclusive, nontransferable, non-sublicenseable, royalty-free, limited right, and license to use the Content Files in connection with the advertising and promotion of its business services. You acknowledge that nothing herein shall give you any right, title, or interest in the Content Files other than the limited license rights granted herein.  This grant shall not include the right to sublicense or assign the Content Files.
3. You agree that you must identify the Content Files as property of ATKORE with each usage, in a manner specified by ATKORE, and must exercise care in the use of the Content Files so as not to indicate to the public that you are a division or an affiliate of ATKORE or otherwise related to ATKORE or that your products and/or services are produced or manufactured by ATKORE (except for ATKORE’s products that are purchased by you for resale or distribution). You agree that ATKORE shall have final review, approval and control of the form and manner of use of the Content Files by you, and you shall remedy any deficiencies in its use of the Content Files upon reasonable notice from ATKORE.  You agree that you must at all times comply with ATKORE’s trademark use company policies, if applicable. You understand that your usage of the Content Files including goodwill and any additional value achieved by such usage shall inure to the benefit of ATKORE.
4. You may use the Content Files but you agree to not modify, alter, or to produce any derivative works of the Content Files. You must not claim any intellectual property right, including but not limited to copyrights and trademarks, in the Content Files or derivative works of the Content Files.
5. You agree not to use the Content Files in any manner which will knowingly harm the goodwill and public perception of high quality associated with the trademarks contained within the Content Files, if applicable, and shall not do anything that is inconsistent with or impairs the validity of the Content Files or is inconsistent with or impairs ATKORE’s ownership of the Content File. You may not adopt, use, or register as your own trademark any word(s) or design(s) confusingly similar to the trademarks contained within the Content Files, to the extent you license ATKORE’s logo, trademark or similar item.
6. ATKORE shall have the right to terminate this License, with or without cause, upon five (5) days’ prior written notice to you. Upon such termination or expiration, you must immediately cease and desist from all use of the Content Files as of the date of the termination, or within such period of time upon which the parties mutually agree.  These Terms of Use and your right to use the Content Files, will automatically terminate upon termination of any reseller, distributor or similar agreement between ATKORE and you, or at such time you no longer purchase ATKORE’s products for resale or distribution.
7. Each party agrees to notify the other in writing of any infringements or imitations by third parties of the Content Files of which it becomes aware. You agree to assist ATKORE, at ATKORE’s expense, in enforcement of any rights of ATKORE related to any infringement or imitation of the Content Files.  ATKORE shall have the sole right to determine whether or not any action shall be taken on account of any such infringement or imitation and ATKORE shall have the sole right to employ counsel of its choosing and to direct the handling of the litigation and any settlement thereof.
8. You agree to indemnify ATKORE and to save it harmless against all actions, claims, costs, damages or expenses (including attorney fees and court costs) in any action or proceeding between you and ATKORE, which may be brought or made against or incurred by ATKORE as a result of or in any way connected with your use of the Content Files.
9. This License shall not be assignable by you without the prior written consent of ATKORE, which consent may be withheld for any reason.
10. UNDER NO CIRCUMSTANCES shall ATKORE be liable to YOU or to any third party for any direct, indirect, consequential, multiple, punitive or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the CONTENT FILES, even if ATKORE has been advised of the possibility THEREOF.
11. Choice of Law: These terms of use are goverend by and construed in accordance of the state of illinois without regard to its conflict of laws rules.

BY CHECKING THIS BOX, PROVIDING YOUR ELECTRONIC SIGNATURE, AND SUBMITTING THIS FORM, YOU AGREE THAT THE ABOVE TERMS AND CONDITIONS ARE ACCEPTABLE TO YOU.