TERMS AND CONDITIONS OF USE

INTELLECTUAL PROPERTY. The ownership and exclusive use of the trademarks, copyrights and other intellectual property owned by and/or under license to Costco and/or any of its affiliated companies, which include without limitation COSTCO WHOLESALE (and all derivatives thereof) and KIRKLAND SIGNATURE (and all derivatives thereof) shall remain vested in Costco and/or such affiliates as the case may be, and Supplier shall have no rights or interest in them. Supplier agrees that prior to using such intellectual property in any manner; it will obtain prior written consent and, in the event of such consent, will comply with Costco’s Trademark/Logo Guidelines. Supplier shall not contest, directly or indirectly, the ownership, validity, or enforceability of such intellectual property or use any other confusingly similar intellectual property.