Resolution to Approve Revisions to PBCI Tribal Logo Usage Policy – “Exhibit B”
Poarch Band of Creek Indians Tribal Logo Usage Policy
The following policy provides guidelines for use of the Poarch Band of Creek Indian’s Tribal logo by Tribal Members and various business entities approved by the Tribe. The logo, depicted below, is a wholly owned, federally registered trademark of the Poarch Band of Creek Indians (the “Tribe”) (Registration No. 4648938). The trademark and the design element are hereinafter referred to as the “Logo”:
The Tribe, by appropriate written license agreement, or other written approval, approved by the Tribe’s Legal Department, may grant Tribal Members, businesses owned by one or more Tribal Members and/or by the Tribe itself, and third parties doing business with the Tribe, a right to use the Logo pursuant to the terms of this Policy. These aforementioned users of the Tribe’s logo will be referred to as “Logo Users”.
In licensing or using the Logo, unless otherwise directed by the Tribal Council, the following guidelines shall be followed:
- The Tribe must approve, via a written license agreement or other written approval, all proposed use(s) of the Logo prior to such use.
- A Logo User may allow a manufacturer to produce goods that bear the Logo. However, the production of such goods by a manufacturer in no way conveys a sublicense or agreement to the manufacturer for use of the Logo.
- Except as prescribed by the relevant license agreement, the Logo shall not be revised or altered in any way, and must be displayed in the same form and color as produced by the Tribe, unless appropriate and prior written Tribal approval has been provided.
- If the Logo is placed on a website (or used in other electronic communications), such use shall include a link to the Poarch Band of Creek Indians website (i.e. www.poarchcreekindians.org).
- The Logo may be licensed and used for the following activities:
- In a professional manner on a Logo User’s literature, advertisements, or in any other comparable manner to signify the Logo User’s business relationship with the Tribe if the User is in fact in a business relationship with the Tribe. In such instances, a WRITTEN LICENSE, substantially similar to EXHIBIT “A”, attached, must be approved by the Tribe’s Legal Department.
- If applicable, Sponsorship Agreements may be used in place of the Licensing Agreement. The Tribe’s Director of Strategy and Media Communications/ Government Relations Department must authorize the sponsorship.
- For personal use only by a Tribal Member to signify the person’s Tribal membership or affiliation. Any and all usage of the Logo by a Tribal Member must always include the word “Member” directly above the vertical arm of the Logo’s cross, directly below the vertical arm of the Logo’s cross or between one of two lower quadrants, between the lower vertical arm of the Logo and one of the two feathers. The Logo may not be used by a Tribal Member independent of the word “MEMBER”, unless the exception below applies. WRITTEN APPROVAL from the Tribe is required.
- Exception: Use of the word “Member” is not required when the logo is used by Tribal Council candidates for election/campaign purposes.
- In a professional manner in connection with a business that is wholly-owned by one or more Tribal Members or a business that is wholly-owned by a certified Poarch Creek Tribal Artisan via a WRITTEN LICENSE substantially similar to EXHIBIT “A”, attached, and as approved by the Legal Department. The commercial products and services utilizing the Logo must be approved prior to any production and/or sale of said product and/or service. The use of the Logo by a Logo User’s business cannot be in direct competition with any promotional, marketing or purchasable items of the Tribe. The WRITTEN LICENSE shall only be for one (1) year.
- For burial purposes of a Tribal Member. The family of a deceased Tribal Member may use the Logo for funeral services and/or headstone, gravestone, cremation container, or grave marker of the Tribal Member. The request must be made to the appropriate entity and proof of the deceased’s Tribal membership will be required. There will be no fee associated with such purposes. WRITTEN APPROVAL from the Tribe is required.
- In a professional manner in connection with a business that is owned or controlled by the Tribe. WRITTEN APPROVAL from the Tribe is required.
- Notwithstanding any language in this Policy, the Logo may never be used by any Logo User, in any manner that, in the sole discretion of the Tribe:
- discredits the Tribe, or tarnishes the Tribe’s reputation and goodwill;
- is false or misleading;
- violates the rights of others;
- violates the law, regulation or other public policy; or
- mischaracterizes the relationship between the Tribe and the Logo User including, but not limited to, any use of the Logo that might be reasonably construed as endorsement, approval, sponsorship, or certification by the Tribe of the Logo User, the Logo User’s business or organization, or the Logo User’s products or services, or that might be reasonably construed as support or encouragement to purchase or utilize the Logo User’s products or services.
- A Logo User may lose his/her/its right to use the Logo if the Logo User:
- discredits the Tribe or tarnishes its reputation and goodwill;
- conducts business in a false or misleading manner;
- violates the rights of others; or
- violates the law, regulation or other public policy.
- Use of the Logo shall create no rights for the Logo User in or to the Logo or use beyond the terms and conditions of the relevant limited license agreement or other written approval.
- The Logo shall remain at all times the sole and exclusive intellectual property of the Tribe.
- The Tribe shall have the right, from time to time, to request samples of use of the Logo from the Logo User from which it may determine compliance with this Policy.
- The Tribe reserves the right to prohibit the use of the Logo if it determines, in its sole discretion, that Logo User’s usage, whether willful or negligent, is not in strict accordance with this Policy.
- Grievance Process:
An applicant who disagrees with any decision regarding use of the Logo should file a written request for reconsideration with the Government Relations Department Internal Projects Manager within ten (10) business days of the denial/adverse decision. A written response shall be provided to the applicant within ten (10) business days and shall identify (1) the reason or reasons for such denial; and (2) the pertinent Policy provisions on which the denial is based.
If there continues to be questions or disagreements about use of the Logo, the applicant must submit a letter to the Chief Government Affairs Officer within ten (10) business days after the decision of the Internal Projects Manager is made, requesting a review of the case file and documents. The Chief Government Affairs Officer can concur with the decision of the Internal Projects Manager or make recommendations regarding approval of the Logo use. A written response will be provided to the applicant within five (5) business days.
If there continues to be questions or disagreements about use of the Logo, the applicant must submit a letter in writing to the Government Affairs Legislative Committee within ten (10) business days after the decision of the Chief Government Affairs Officer is made, requesting a review of the case file and documents. The Government Affairs Legislative Committee can concur with the decision of the Chief Government Affairs Officer or make recommendations regarding approval of the Logo use. A written response will be provided to the applicant within five (5) business days.
Any decision made by the Government Affairs Legislative Committee is considered final and no other administrative action is available to an applicant.