NBDA INTERNATIONAL LOGO POLICY
USE OF ASSOCIATION TRADEMARKS
The National Bicycle Dealers Association (“NBDA”) is a non-profit organization and its intellectual property (“IP”) is one of the NBDA’s most valuable assets and may only be used in a manner that furthers the Association’s mission and vision. It is the responsibility of all NBDA employees, members, officers, directors, participants, and others involved with the development, adoption, publication, use and/or distribution of NBDA products and services to ensure NBDA IP is used in accordance with its policies.
Among its intellectual property, the NBDA has registered certain trade and service marks, including “National Bicycle Dealers Association,” “NBDA,” the NBDA logo and versions thereof (collectively referred to as the “Marks”). This Policy sets forth the terms and conditions for the appropriate and permitted uses of these Marks. Use of the NBDA’s Marks is expressly subject to and conditioned on the User’s acceptance of these terms. The NBDA may use its Marks (or grant others permission to use its Marks) in any way it sees fit.
In official usage, the name shall be designated as: “National Bicycle Dealers Association.”
2. OWNERSHIP OF THE MARKS.
Users of the NBDA’s Marks agree and acknowledge that the Marks are the sole and exclusive property of the NBDA. Use of one or more of the Marks shall constitute consideration for, agreement to and acceptance of the following terms and conditions. Use of the Marks is permitted only pursuant to the terms and conditions of this limited and revocable license. Any failure by a User of the Marks to comply with the terms and conditions contained herein may result in the immediate revocation of this license, in addition to any other sanctions imposed.
3. USE OF THE NBDA’s MARKS.
The Marks must be used in a professional manner, as set forth more specifically below. Notwithstanding the foregoing, the Marks may not be used in a manner that, in the sole discretion of the NBDA: discredits or tarnishes its reputation and goodwill; is false or misleading; violates the rights of others; violates any law, regulation or other public policy; or mischaracterizes the relationship between the NBDA and the User, including but not limited to any use of the Marks that might reasonably be construed as an endorsement, approval, sponsorship, or certification by the NBDA of the User, the User’s business or organization, or the User’s products or services, or that might be reasonably construed as support or encouragement to purchase or utilize the User’s products or services.
4. USE OF CERTAIN LOGOS.
The NBDA permits, as set forth below, the use of its “NBDA” and “NBDA” Logos “as is” and makes no warranties, representations or statements, express or implied, with respect to these Logos. The Logos may not be used to disparage the NBDA or its members. The NBDA will not be responsible for any loss or damages of any kind whatsoever sustained by any party, however caused, in regards to use of the Logos. Use of the NBDA’s Logos is subject to and conditioned upon Users acceptance of this Policy. Users may scale/resize the Logos to suit their needs, but may not change color or design or alter the graphics in any way and may not combine with any other graphic. In every use, the integrity of the Logo must be preserved.
A. Linking to the NBDA’s Internet Homepage.
(i) Users may, without written permission, use the NBDA Logos - to denote an electronic link to the NBDA website – www.nbda.com. Links from web sites that, in NBDA’s sole discretion, could be construed as distasteful or offensive, obscene, defamatory, libelous, misleading, or which are being used for illegal purposes are not permitted.
(ii) Any link established must transfer the viewer directly to the NBDA website, to enable viewing of the site as posted by the NBDA without the imposition of any frames, browser windows or third-party content.
(iii) Use of the Logos to link to any other page, other than its homepage, of the NBDA’s website without written notice (to email@example.com), and in conformity with NBDA’s Website Link Policy, is strictly prohibited.
(iv) Use of the Logos, or linking to the NBDA website, is at the User’s sole risk and must comply with NBDA’s Website Link Policy. The NBDA provides this access “as is” and disclaims any warranties, express or implied (including but not limited to the implied warranties of merchantability or fitness for a particular purpose).
B. To Denote Membership in the NBDA: Use of “NBDA Member” and “NBDA Dealer” Logos by Dealer Members.
(i) All Dealer members in good standing of the NBDA may, without written permission, use the “NBDA Member” or “NBDA Dealer” Logos on their website, business card or letterhead to denote membership in the NBDA.
(ii) Such use by Dealer Members is solely to denote membership in the NBDA provided the word “Dealer” or “Member” appears in the Logo.
C. Use of Logos by Associate Members.
(i) Associate members of the NBDA, in good standing, may – in addition to those uses set forth in (B) above - use the “Associate NBDA” Logo on brochures, advertisements, exhibit displays, promotional documents and materials (collectively, "Materials").
(ii) Such use by Associate Members is solely to denote membership in the NBDA, and the word “Associate” must appear directly within the Logo.
(iii) Associate members may provide an electronic link (using the Logo) from their website to NBDA web site. Any link established must transfer the viewer directly to the NBDA website, to enable viewing of the site as posted by the NBDA, without the imposition of any frames, browser windows or third-party content.
(iv) Associate Members utilizing the “NBDA Associate” Logo, if requested, must provide a sample of proposed Materials utilizing the Logo, prior to any use or Material distribution.
(v) The NBDA may prohibit, in its sole discretion, any proposed use by Associate members of its Logo on any Materials.
D. Use of Logos by the Media. Accredited news media, upon request, may be permitted to use the Logos in articles and materials about the NBDA, its members, benefits, services and mission, solely for the purposes of referring to the NBDA. The NBDA, in its sole discretion, may deny such use.
E. Co-Sponsored Events and Publications. Events, seminars, publications, etc., which are co-sponsored by the NBSA, may use the Logos on their website and printed materials in conformity with the terms and conditions of this Policy. If requested, any such materials or Logo use must be approved in advance by the NBDA.
F. Termination. Upon notice by the NBDA, Users agree to immediately cease any and all further use of the Logos.
5. USE OF NBDA LETTERHEAD AND TITLES.
A. Members of NBDA Board of Directors, sub-committees and task groups must exercise care and good judgment in use of NBDA letterheads, envelopes and official titles/designations.
B. NBDA letterhead, envelopes and titles may only be used for NBDA business and purposes, not for personal business.
C. A letter (including electronic communications such as e-mail) written on NBDA stationary or for official NBDA purposes should not contain personal comments and/or opinions of the writer. If unavoidable, the letter must clearly distinguish personal comments and opinions from official positions of the NBDA based on the NBDA Bylaws, policies, rules, regulations, procedures and balloted actions.
D. Officers of NBDA committees, sub-committees and task groups must refrain from using official NBDA titles when expressing personal views or comments.
A. Use of the NBDA’s Marks shall create no rights for Users in the Marks (including the Logos) or their use beyond the terms and conditions of the limited and revocable license set forth in this Policy. The Marks shall remain at all times the sole and exclusive intellectual property of NBDA. The NBDA shall have the right, from time to time, to request samples of use of the Logos from which it may determine compliance with these terms and conditions. Without further notice, the NBDA reserves the right to prohibit use of the Marks/Logos if it determines, in its sole discretion, that a User’s usage, whether willful or negligent, is not in strict compliance with this Policy, otherwise is not in the best interest of the NBDA the User is not a NBDA member in good standing or for any reason whatsoever.
B. The NBDA reserves the right to alter, amend or terminate this Policy at any time and without notice to the User. The User agrees to abide by any such changes or amendments.
C. Use of the Marks/Logos does not imply approval or endorsement by the NBDA of any individual, company, products or services.
D. The interpretation and enforcement of the terms and conditions herein, and any compliance therewith, shall be made by the NBDA in its sole discretion. Otherwise, this license is governed by and construed in accordance with the laws of the State of California. Users agree to jurisdiction and venue in California state and federal courts. User agrees that any breach by it of the terms and conditions herein entitles the NBDA an injunction (and possible damages) against the User.