Limited Scope Representation Agreement

This Limited Scope Representation Agreement ("Agreement") is between Profilers.co, LLC ("Profilers.co" or "Profilers.co" or "Profilers" or "Profilers") and the individual purchasing a Trademark Registration service ("Service") ("you," or "your") (together, the "Parties") on the Profilers.co website. A limited scope representation means that the amount of work the attorney performs for you is limited to certain tasks. Limited scope representation is a means to provide access to legal services while making legal help affordable. The remainder of tasks required outside the scope of this Agreement, if any, will be your sole responsibility.

This Agreement is effective as of the date of purchase of the Service. By completing your purchase, you agree to the terms of this Agreement as follows:

1. Firm and Additional Services

Profilers.co may use certain service providers to complete the services under this Agreement. Any funds required for those covered services are included in your original payment and require no additional payment by you to Profilers.

Profilers.co has the right to subcontract services under this Agreement to lawyers located in the United States. Services performed by attorneys in the United States are governed by the ethical rules in the state of the licensed attorney.

For the purposes of this Agreement, "your attorney" or "attorney" means the attorney or firm listed as the attorney of record on your trademark application.

Once your application is (1) approved by the United States Patent and Trademark Office ("USPTO"), (2) rejected by the United States Patent and Trademark Office ("USPTO") and you do not retain your attorney as counsel, or (3) objected to by a third party and you do not retain your attorney as counsel, your attorney may remove itself as the attorney of record on your trademark unless they are retained by you to monitor or continue as the attorney of record for your subsequently registered trademark. This is the end of your Limited Services.

2. Filing Fees

For new trademark applications, Profilers charges a flat “Filing Fee” of $350 per class in addition to other fees. Government filing fees for filing a trademark application range from $250 to $350 per class. The $250 application type requires more precision and effort than the $350 application type, so in situations where your attorney uses the $250 application type, the remaining $100 is used to cover the additional labor for the $250 application type.

The cost of the service provided by Profilers solely covers the filing of the trademark application in one class of goods or services. The cost does not include any additional classes or other work associated with the trademark application, including, but not limited to, responses or communication with the USPTO. Filing in additional classes will require additional expenses as discussed with and determined between you and your attorney.

3. Included Limited Services

This Agreement is for a limited scope of legal services. You retain Profilers to provide the following limited services ("Limited Services") within 120 days of your purchase of the Service:

a. A knockout trademark search, which is a search at the USPTO database for exact matches, it is not a comprehensive clearance search and does not necessarily indicate trademark availability;

b. A review of your search results and, as deemed necessary by your attorney, consultation on potential conflicts;

c. If appropriate, preparation and filing of your trademark application with the USPTO, where your attorney will serve as attorney of record (subject to the limitations herein) and your attorney will sign the trademark application attesting to the veracity of the content and the use of the mark in commerce, or a bona fide intent to do so, as alleged by you. In such case, you shall defend, indemnify, and hold harmless your attorney from any harm resulting from any statements made by your attorney (upon direction from you) in the trademark application which are false.

4. Excluded Services

This Agreement specifically excludes the following services:

a. Work required to proceed with an application where the attorney believes there is a conflict;

b. Work on Office action issues;

c. Work on appeals or notices of suspension subsequent to the filing of your trademark application;

d. Representation for responses to third-party objections of any kind;

e. Intellectual property litigation, cease & desist demands, claims of infringement, including if the attorney is called upon to perform additional services such as the subject of a deposition regarding the trademark applied for under this agreement;

f. The filing of any trademark application where a credit card or other payment is declined or the funds are not actually received by Profilers.co or a charge back is requested;

g. The filing of any trademark application where the required specimen or other material is not received by the attorney;

h. If you are not using the trademark in commerce yet, your attorney will need to file under an intent-to-use basis. If the application is successful, a specimen will need to be filed later, which will require additional government and processing fees. If you are not using the mark in commerce within six months of receiving a Notice of Allowance from the USPTO, your attorney can file up to five six-month extensions of time for you provided you meet certain criteria (such as marketing your products/services), which will require additional government and processing fees;

i. Monitoring of marks; and

j. Any other service not included as a Limited Service under this Agreement.

5. Trademark Submitted Material

You are required to submit to Profilers.co and/or to your attorney materials - such specimens, drawings, and/or copies of your work - in order for your attorney to complete your order and submit your document(s) to the USPTO.

6. Responsibilities of Parties

a. Profilers.co

i. Profilers.co agrees to keep you informed (via the attorney) of progress and developments, and respond to your inquiries and communications in connection with your trademark application; and

ii. Profilers.co agrees to forward (via the attorney) notices received on your behalf via email to your email address on file up until the end of Limited Services.

b. You

i. You agree to cooperate and respond promptly to Profilers.co and your attorney;

ii. You agree to update Profilers.co and your attorney with any changes to your contact information, including changes to telephone numbers, address, and email address;

iii. You agree to regularly check your email address provided to Profilers.co and the attorney;

iv. You agree for your attorney to provide the status of your trademark application to Profilers.co so that if you contact Profilers.co regarding the status, Profilers.co will have that information;

v. You agree that you are solely responsible for receipt of communications sent via email. If a communication has been sent to the provided email address, your attorney is not responsible for any email not received due to the applicant's security or anti-spam software, or any problems within the applicant's email system; and

vi. You agree that your attorney is not liable for the refund of any monies paid by you to Profilers.co and that your sole recourse for a refund of any monies paid is through Profilers.co.

7. Electronic Communication

You agree to receive communications by email. Your attorney is not obligated to send correspondence by U.S. or international postal mail. You understand that the USPTO TEAS filing system is an electronic filing system. You agree that your attorney may authorize the USPTO, on your behalf, to contact you at the email address you have provided in your order, and submit documents and communications electronically using the USPTO TEAS system. If you fail to comply with these requirements, the USPTO may charge you additional fees. Your attorney is not liable for damages caused by your failure to update and/or check your email address of record.

8. Sharing Documents

You agree that Profilers.co may share your order information with your attorney, and your attorney will perform work in connection with the Limited Service.

9. Attorney-Client Privilege

You understand that, by submitting your order information using the questionnaire on the Profilers.co website, that information may not be protected by attorney-client privilege.

10. Termination

a. By You

i. You may terminate your order and discharge your attorney at any time by written notice, effective when received. Unless specifically agreed by your attorney and you, your attorney will provide no further services and advance no further costs on your behalf after receipt of the notice. You agree to execute and return a substitution-of-attorney form immediately upon receipt from your attorney. Upon termination, all Limited Services will be deemed completed.

b. By Profilers.co

i. Withdrawal as Attorney of Record. Your attorney may terminate your order and withdraw as your attorney at any time as permitted under the ethical rules of conduct in the state of license of your attorney. Upon termination, all Limited Services will be deemed completed.

ii. Conflict of Interest. If, at any point, a conflict of interest is found between you and another party represented by your attorney, your attorney may obtain written consent of both parties to proceed. If a conflict of interest is found which requires your attorney to decline representation, or if both parties do not consent, your attorney will not find alternative counsel and you will be issued a refund.

iii. Automatic Termination after Provision of Services or 120 Days. If you do not use your Limited Services by the 120th day after your purchase of the Service, your order will terminate, you will no longer be entitled to the Limited Services, and you will not be given a refund.

11. No Guarantee

Neither Profilers.co nor your attorney can guarantee a particular result. There is no guarantee that any trademark application filed will result in the registration of the proposed mark, or that the search will increase the likelihood that the proposed mark will be registered. Although your attorney may offer an opinion about possible results regarding the subject matter of this Agreement, your attorney cannot guarantee any particular result. You acknowledge that your attorney has made no promises about the outcome, and that any opinion offered by your attorney in the future will not constitute a guarantee. There is absolutely no guarantee that any trademark application filed by your attorney will result in the registration of the proposed mark, or that any search performed will increase the likelihood that the proposed mark will be registered, or that the results will be complete. Trademark examiners at the USPTO each have subjective opinions and these may vary from examiner to examiner.

12. Entire Agreement

This Agreement contains the entire agreement of the Parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the Parties.

13. Miscellaneous

This Agreement is governed by the laws of the State of Austin in the United States of America, to which venue and personal jurisdiction you hereby consent to. Your attorney is not responsible for the proper operation of any website(s). All orders must be confirmed by telephone by speaking with the attorney of record or by email with your attorney of record. You assume all risks for technical difficulties in placing your order(s) or submitting information over the Internet.