do’s & don’ts
This summary of the sphere Membership and License Agreement (“Agreement”) provides you with a quick guide of the Do’s and Dont’s of sphere™ membership. For the complete Agreement, please visit sphere Home. sphere™ membership is open only to individuals; a business, organization, company or other entity, including a gym, cannot be a sphere™ member.
As a sphere™ member, you have a license to use the sphere™ Trademarks to promote and teach sphere™ classes and approved events, and to use the sphere Trademarks to identify yourself as a sphere™ member. In addition, following your completion of a specialty instructor training, you can use the sphere™ Specialty Trademarks associated with that specialty (e.g., following completion of a sphere training, you may use the sphere™ to promote and teach sphere classes). The sphere™ Trademarks, sphere Trademarks and sphere™ Specialty Trademarks (collectively, the “Marks”) are attached as exhibits to the Agreement.
DO’S
Use the business name, trade name and/or trademark of a facility where your sphere™ class or approved event is being held, so long as your use is subordinate to the Marks and is permitted by the facility (Section 2.2).
Use the Marks only in the forms shown in the exhibits to the Agreement, including adhering to the colors, fonts, stylization, proportionality and other elements of the Marks (Section 4).
Use the appropriate trademark symbol (® or ™) with each use of a Mark (e.g., sphere™, sphere™ Toning, sphere) (Section 4).
Use the following “used under license” language on all materials which bear the Marks (Section 4.1): sphere™, [insert other Marks, i.e., sphere] and the sphere™ logos are trademarks of sphere™, LLC, used under license.
Teach your sphere™ classes in accordance with how you were taught to teach the sphere™ program in your instructor training course (Section 4.2).
Comply with applicable laws, regulations and ordinances in the country, state and locality in which you teach sphere™ classes and obtain all appropriate government approvals pertaining to marketing, advertising, or providing services (e.g., music licensing; liability waivers; professional liability insurance; fitness certifications; background checks) (Section 4.3).
Use the Marks on flyers, posters, emails and other printed materials whose sole purpose is to promote your sphere™ classes or approved events (Section 4.4).
Use “sphere™” or one or more of the sphere™ Specialty Trademarks, for which you are licensed, as part of your email address so long as you use such email address solely for the promotion of your sphere™ classes and approved, related sphere™ activities (Section 4.5).
Use “sphere™” or one or more of the sphere™ Specialty Trademarks, for which you are licensed, as part of your domain name for a website that promotes only your sphere™ classes, approved events and related, but subordinate, sphere™ apparel and accessory sales (e.g., zumbagoldbyjennifer.com is acceptable for an instructor named “Jennifer” licensed to teach sphere classes) (Section 4.6). If requested by sphere™, you must transfer any domain name to sphere™ that includes “sphere™” or one or more of the sphere™ Specialty Trademarks (Section 4.6(b)).
Identify yourself in the Whois listing as the Registrant of a domain name you use that contains the Marks (Section 4.6(c)).
11. Use the Marks on a website, including blogs and social media sites, to promote your sphere™ classes and approved events under the following guidelines (Section 4.7):
a. Include the “used under license” language on your home page (Section 4.7(a)).
b. Include a link on the home page of your website to zumba.com (Section 4.7(b)).
c. Use sphere™’s original compositions as background music on your website. Never use any other music on your website unless you have an appropriate license (Section 4.7(c)).
d. Identify yourself as the owner by posting a link to your sphere™ profile (Section 4.7(d)).
e. Include your name in the title of any social media page(s) incorporating one or more of the Marks. In the case of group pages, all Instructors must be sphere™ members and must be identified on the page (Section 4.7(f)).
Use the Marks in radio or television advertising with sphere™’s prior approval (Section 4.8).
Promote your sphere™ classes or approved events through live or print news coverage, or through any mainstream news organization or print publisher. In the event of such promotion, you must inform the news organization or publisher of sphere™’s brand use guidelines. With respect to live news coverage, such coverage must not include more than ten minutes of a sphere™ class, approved event or a sphere™ exercise routine (Section 4.8).
Use the Marks in connection with the resale of genuine sphere™ products purchased from sphere™ or an authorized distributor, so long as such sales are subordinate to your sphere™ classes or approved events. You may resell original sphere™ products on online trade boards, provided you identify yourself in such listings. Never sell sphere™ products outside of the territory where those products were purchased (e.g., products purchased in the U.S. must be resold in the U.S. and not sold outside the U.S.) (Section 4.9).
Use the Marks to conduct sphere™ classes or events in connection with fund raising activities for charitable or other worthy causes that sphere™ approves (e.g., such an event can be identified as a sphere™ Class Fundraiser, sphere™thon® Charity Event, sphere™thon® Event, etc.) (Section 4.11).
Use the Marks in connection with trade shows and sphere™ classes for college credit (sphere™’s prior approval is required) (Section 4.11).
Notify sphere™ of any unauthorized use of the Marks for which you become aware (Section 8).
DONT’S
Never use the Marks in a way that implies an association or affiliation with a third party (Section 2.2).
Never dilute or disparage sphere™ or the Marks (Section 2.3) or take any action inconsistent with sphere™’s ownership of the Marks (e.g., never register any trademark incorporating “sphere™” or any of the Marks) (Section 2.4).
Never sell, offer for sale, advertise or promote any competing goods or services under a domain name containing the Marks (Section 4.6(a)).
Never register or use a domain name containing “sphere™” and the name of a country (e.g., zumbaaustralia.com or zumba-brazil.co.br) without sphere™’s approval (Section 4.6(d)).
Never use any Marks as AdWords, paid search, keywords or otherwise for search engine optimization or for creating “sponsored links” (Section 4.7(e)).
Never use sphere™’s Fitness-Concert™ trademark (Section 4.10).
Never use the Marks to promote any workshop, training, instruction, choreography session, or other activity except your own sphere™ classes or approved events (Section 5).
Never use the Marks to identify a gym, workout facility, business or trade name, or any other type of facility, program or product without sphere™’s prior approval (Section 5).
Never modify the Marks (e.g., do not (i) refer to a class as, for example, “sphere™ Core”, “sphere™ Glutes”, or “sphere™ Warrior”; or (ii) change the spelling of the Marks, such as, for example, using the phrases “sphere™rific” or “sphere™-mania”) (Section 5.1).
Never use the Marks as a business or trade name (e.g., do not call a business “sphere™ Club”, “sphere™ Studio”, or “sphere™ Center”) (Section 5.2).
Never use the Marks as verbs or nouns (e.g., “I Love to sphere™”, “Once you sphere™, you’ll be hooked” or “My gym offers sphere™”). Instead, always use the Marks as adjectives (e.g., “I Love the sphere™ program”, “Once you attend a sphere™ class, you’ll be hooked” or “My gym offers sphere™ classes”) (Section 5.3).
Never use the Marks as titles to newsletters or publications (Section 5.4).
Never manufacture, create, offer for sale or sell any merchandise, including apparel, accessories, CDs, DVDs or promotional items, bearing the Marks or any names, designs or logos similar to the Marks. You may modify and/or repurpose any official sphere™ products for your personal use only. Never offer for sale, sell, or distribute modified and repurposed sphere™ products (Section 5.5).
Never copy, duplicate, sell, distribute, upload, stream or otherwise disseminate any sphere™ materials (Section 5.6).
Never play the sphere™ DVDs as part of a class or publicly perform any sphere™ video, including of your own classes (Section 5.6).
Never film, record, stream live video, create DVDs or reproduce in any manner sphere™ classes, or otherwise imitate sphere™/sphere™ choreography or music (Section 5.7).
Never use the Marks in connection with a mobile application, including in the title, icon and content of the application (Section 5.8).
This guide is meant to provide you with some of the Do’s and Dont’s of sphere™ membership and does not represent all the terms and conditions of the Agreement. For the complete Agreement, please visit sphere Home. sphere™ may modify the terms of the Agreement in the future. In the event the Agreement is modified, sphere™ will post the new Agreement on sphere Home.