Last updated April 14, 2025.
1. Your Agreement with Adobe.
1.1 These Adobe Creative Campus Terms (these “Terms”) are a legal agreement between you (“you” or “your”) and the Adobe entity stated in section 1.2 (“Adobe”, “we”, “us”, or “our”) governing your participation in the Adobe Creative Campus program. These Terms supersede all prior versions of the Terms in their entirety.
1.2 If you are located in North America (inclusive of United States, Canada, Mexico, United States territories and possessions, and United States military bases wherever located), your relationship is with Adobe Inc., a Delaware corporation, and these Terms are governed by the laws of California, U.S.A., unless preempted by U.S. federal law, without regard to conflict of law rules. If you reside outside of North America, your relationship is with Adobe Systems Software Ireland Limited, and these Terms are governed by the laws of Ireland. For customers in Australia, Adobe Systems Software Ireland Limited is acting as an authorized agent of Adobe Systems Pty Ltd. and is entering into this contract in its capacity as agent for Adobe Systems Pty Ltd. You may have additional rights under your local laws. We do not seek to limit those rights where it is prohibited to do so by law.
2. Eligibility. Participation in the Adobe Creative Campus program is subject Adobe’s approval and the following minimum eligibility criteria:
3. Ownership.
You and Adobe each retain ownership of its own trademarks, service marks, names, logos, trade dress and other designations (“Marks”) and no right, title, or interest in each other’s Marks will be given to or acquired by the other as a result of these Terms, except for the limited license granted in Section 4 of these Terms. You and Adobe exclusively own the rights and title to the content that it creates in connection with these Terms, excluding any of the other’s Marks. For example, if Adobe creates a brochure that references your Marks, Adobe owns the content of the brochure, except for your Mark.
4. Use of Trademarks.
4.1 Adobe hereby grants to you a limited, nonexclusive, nontransferable, revocable, royalty-free, worldwide license to use the Adobe name, logo, and other Marks provided to you (collectively, the “Adobe Marks”), solely for the purpose of promoting your use of Adobe products and services and your participation in the Adobe Creative Campus program. Adobe hereby reserves ownership of and all right, title, and interest in and to the Adobe Marks, and all use of the Adobe Marks by Company will inure to the benefit of Adobe.
4.2 You hereby grant to Adobe a limited, nonexclusive, nontransferable, revocable, royalty-free, worldwide license to use your name, logo, and other Marks provided to us (collectively, “Your Marks”), solely for the purpose of promoting your use of Adobe product and services in connection with sales and marketing activities, and your participation in the Adobe Creative Campus program, including the promotion of the Adobe Creative Campus program. Such promotions may include, but are not limited to, Adobe web properties, social properties (e.g., Facebook or X), or various campaigns and sales activities. You hereby reserve ownership of and all right, title, and interest in and to the Your Marks, and all use of the Your Marks by Adobe will inure your benefit.
4.3 Any use of the Adobe Marks by you under these terms must comply with the Adobe Trademark Usage Guidelines (https://www.adobe.com/legal/permissions/trademarks.html), Adobe Creative Campus Participant Brand Guidelines (https://www.requestadobe.com/acc/portal/success/dl/Adobe_Creative_Campus_Program_Brand_Guide.pdf), and any other applicable guidelines or restrictions provided to you.
4.4 Unless otherwise agreed upon in writing, neither you nor Adobe will cause any internet domain names to be registered that incorporate the other’s Marks or any Marks or names confusingly similar thereto. All rights not expressly granted herein are reserved.
5. Representations and Warranties.
5.1 Adobe represents and warrants that: (i) Adobe’s intellectual property and content created pursuant to these Terms will not infringe, misappropriate, or violate any patent, copyright, trade secret, trademark, domain name, privacy, publicity, or other right of any third party; and (ii) Adobe will comply with all applicable laws, regulations, and rules in use of Your Marks under these Terms, including all intellectual property laws, right of privacy and publicity laws, and marketing regulations (e.g., FTC rules).
5.2 You represent and warrant that: (i) your intellectual property and content created pursuant to these Terms will not infringe, misappropriate, or violate any patent, copyright, trade secret, trademark, domain name, privacy, publicity, or other right of any third party; and (ii) you will comply with all applicable laws, regulations, and rules in use of Adobe Marks under these Terms, including all intellectual property laws, right of privacy and publicity laws, and marketing regulations (e.g., FTC rules) such as the Guides Concerning the Use of Endorsements and Testimonials, 16 C.F.R. Part 255, and related guidance.
6. Indemnification.
6.1 Adobe’s Indemnity Obligations. Adobe will defend, indemnify, and hold harmless you, and your subsidiaries, agents, managers, and affiliated companies, and their employees, contractors, agents, representatives, officers, directors, and partners (together, the “Your Parties”) from and against any and all third-party claims, obligations, losses, liabilities, costs, expenses, fees, penalties, fines, assessments, and damages (including reasonable attorneys’ fees and expert witness fees) alleging or arising from: (i) breach or non-fulfilment of Adobe’s representations, warranties, obligations, and covenants set forth in these Terms; (ii) Adobe’s willful misconduct or gross negligence in the performance of any activities under these Terms, (iii) Adobe’s false or misleading representations regarding any aspect of your institution, unless such information was provided by and approved in writing by you; and (iv) Adobe’s violation of any applicable law, rule, or regulation in connection with these Terms.
6.2 Your Indemnity Obligations. You will defend, indemnify, and hold harmless Adobe, and Adobe’s subsidiaries, agents, managers, and affiliated companies, and their employees, contractors, agents, representatives, officers, directors, and partners (together, the “Adobe Parties”) from and against any and all third-party claims, obligations, losses, liabilities, costs, expenses, fees, penalties, fines, assessments, and damages (including reasonable attorneys’ fees and expert witness fees) alleging or arising from: (i) breach or non-fulfilment of your representations, warranties, obligations, and covenants set forth in these Terms; (ii) your willful misconduct or gross negligence in the performance of any activities under these Terms; (iii) your false or misleading representations regarding any aspect of Adobe’s products or services, unless such information was provided by and approved in writing by Adobe; and (iv) your violation of any applicable law, rule, or regulation in connection with these Terms.
6.3 Indemnity Mechanics. With regard to the indemnity obligations in this Section 6, should either party invoke the indemnity provision, the party invoking the indemnity provision (“Indemnified Party”) agrees that it will promptly notify the other of the claim, and the other party will have the right to approve in writing Indemnified Party’s choice of legal counsel, with the understanding that such approval will not be unreasonably withheld or delayed.
7. Limitation on Liability.
EXCEPT FOR IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR: (1) ANY INDIRECT CLAIMS, INDIRECT LOSSES, OR INDIRECT DAMAGES INCLUDING BUT NOT LIMITED TO THOSE RELATING IN WHOLE OR IN PART TO LOSS OF PROFITS, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF CLAIMS OR DEMANDS WHICH MIGHT GIVE RISE TO SUCH INDIRECT TYPES OF CLAIMS, LOSSES OR DAMAGES; OR (2) ANY LIABILITIES AND DAMAGES WHICH EXCEED THE GREATER OF $25,000 OR INSURANCE PROCEEDS PAID PURSUANT TO EITHER PARTY’S INSURANCE COVERAGE, AS THE CASE MAY BE.
8. Termination.
Either you or Adobe may, at any time and without cause, terminate the rights granted under these Terms by giving 30 days’ prior written notice to the other. Upon receipt of any notice of termination, both the recipient must immediately discontinue all promotional activities subject to these Terms. Upon any termination, both you and Adobe shall have five business days to return, permanently remove, or destroy any materials provided to it by the other, as instructed by the other, and cease all use of materials bearing the Marks of the other.
9. Survival. Sections 6 and 7 shall survive termination of these Terms.
10. General.
10.1 No Agency. Nothing in these Terms creates a fiduciary, agency, joint venture, employee/employer, partnership, or trust relationship between you and us. Neither you nor we may bind the other in any manner.
10.2 Non-Assignment. You may not assign or otherwise transfer these Terms or your rights and obligations under these Terms, in whole or in part, without our written consent, and any such attempt will be void. We may transfer our rights under these Terms to a third party.
10.3 Headings. Headings used in these Terms are provided for convenience only and will not be used to construe meaning or intent.
10.4 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California.
10.5 Choice of Forum and Venue. All disputes arising out or in relation with these Terms will be settled by the competent court in state or federal courts located in Santa Clara County, California, without prejudice to Adobe’s right to bring suit against you before any court that would have jurisdiction in the absence of this Section 10.5.
10.6 Severability. If any provision of these Terms is for any reason found by a court of competent jurisdiction to be unenforceable, the remainder of these Terms will continue in full force and effect.