Elanation – Brand and Asset Guidelines

These Brand and Asset Guidelines are intended to apply to persons and organisations with whom Elanation Pty Ltd has a commercial agreement with. At Elanation we’ve worked really hard to develop our Brands and Assets (“Brands”). Our Brands means the physical and digital products and logos we use in relation to our business and the products and services we provide. In terms of physical products our Brands includes the ETURBO device. In digital products, our Brands includes our trade marks “ELANATION” and “PHYSICAL DIGITAL PLAY” and the names of all of our games, characters, attributes, worlds, galaxies, taglines, features, events; the related avatars, faces, logos or other distinctive characteristics of any of the names, or characters and attributes, worlds and galaxies within our products; and the code, software, graphics, textures, images, models, sound and audio that make up these characters, attributes, worlds or galaxies. Our Brands also includes the gameplay and concept of the energy and power system that links the physical and digital products we produce. These guidelines are intended to outline the approach we have taken to protect this hard work, and the limited circumstances in which you may be permitted to use our Brands.

When people misuse brands, consumers and end users can be tricked into thinking that products or offerings are connected with, endorsed by, or even produced by Elanation. This is not something that we are OK with.

What you can do

If you are an authorised business partner of Elanation, you can use our Brands as agreed commercially in writing in a licence agreement with us. As an example, this may be including the Elanation logo on a link to our website, or on some promotional material that we agree to release together. If this is the case, you must not:

  • Change the Brand in any way from what is supplied under our commercial agreement;
  • Overprint or obstruct any part of the Brand;
  • Add special effects to the Brand;
  • Use old versions or any other marks or logos to represent our Brands.

If you do not have a commercial licence agreement with us, we still permit users of Elanation’s websites, games and apps (collectively, the “Platform”) , to post and share videos or photos of you playing our games online. Please refer to Our Customer Terms of Use for more information. What you can’t do Unless expressly permitted in a commercial agreement between you and Elanation, or what you are doing is included in the “What you can do” section above, you are not permitted to use our Brands in any way. Generally if something isn’t covered by these guidelines and we haven’t otherwise said you can do something, that’s a good indication that you are not permitted to do it. We have included some specific examples below, but these are specific examples, rather than an exhaustive list of things you can’t do with our Brands.

  • Merchandise: Do not use any Elanation Brands or other substantially identical or deceptively similar marks on any apparel, product, toy or any other merchandise.
  • Naming:
    • Do not use an Elanation Brand name as part of the name of your company, business names, trade marks, applications, products or services, or in or with any logo you create or use;
    • Do not register a domain name with the name of any of the Elanation Brands (including substantially identical or deceptively similar names such as misspellings, or similar variations e.g. elanationgamingaustralia.com);
    • Do not apply for a trademark that is substantially identical or deceptively similar, with the name of any of the Elanation Brands.

Failure to comply with these guidelines

If you fail to comply with these guidelines, you may be in breach of your commercial licence agreement or the Customer Terms of Use (as applicable). In such circumstances, we may also issue you a warning requiring you to discontinue one or more specific uses of the Brands and/or to reissue non complying website materials. If we fail to enforce any of our rights under these guidelines or otherwise at law that does not mean we have waived those rights.