City of Port Washington, Wisconsin City of Port Washington, Wisconsin City of Port Washington, Wisconsin City of Port Washington, Wisconsin City of Port Washington, Wisconsin City of Port Washington, Wisconsin City of Port Washington, Wisconsin City of Port Washington, Wisconsin City of Port Washington, Wisconsin City of Port Washington, Wisconsin City of Port Washington, Wisconsin
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City of Port Washington - Trademarks & Copyrights

Non-Commercial Usage

The City of Port Washington permits non-commercial use of its trademarks and copyrighted property such as the City logo and tagline images and text (the "Content") without payment of a license fee. "Non-commercial use" means the limited, non-transferable and non-exclusive use of the Content on a personal website (such as a blog or social media) to indicate that you or your business are located in the City, but not for use in conjunction with any offer for the sale or exchange of merchandise or to promote a business or commercial enterprise. Such use must comply with the terms and conditions of the City's Trademark and Copyright Usage Guidelines found below.

The City of Port Washington logo/trademark may not be resized or distorted and the colors may not be changed in any way. If you have a special request, please indicate so in designated box below. Once you have agreed to these and the Trademark and Copyright Usage Guidelines below, a page will appear with the City of Port Washington logo and tagline in several sizes. Right click on the image of your choice to save.

Name:
Address:
City, State and ZIP:
Phone Number:
Email Address:
Business Name:
What will you be using the logo/tagline for:
Special Request:
Trademark & Copyright Usage Guidelines. Please Read and Acknowledge Below

City of Port Washington, Wisconsin
Trademark and Copyright Usage Guidelines
Date Adopted: March 17, 2015

INTRODUCTION
The City of Port Washington, Wisconsin (the "City of Port Washington") is a great place to live, raise a family and operate a business. We are proud of our citizens and we want our citizens to be proud of their home town.

To this end, the City of Port Washington encourages its citizens and businesses to promote the City of Port Washington; and the City of Port Washington has developed this trademark and copyright usage policy (the "Policy") to establish consistent guidelines for the use of certain trademarks (such as the City of Port Washington logo and tagline) and other content owned by the City of Port Washington.

This Policy governs the NON-COMMERCIAL use of trademarks and copyrighted content owned by the City of Port Washington (collectively, "Content"). IF YOU USE ANY CONTENT, YOU EXPRESSLY AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS POLICY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE CONTENT IN ANY MANNER.

If you have any questions about this policy or how to obtain permission to use Content owned by the City of Port Washington for commercial purposes, please contact the City Clerk.

CHANGES TO THIS AGREEMENT
The City of Port Washington may change this Agreement from time to time without prior notice. If we change this Agreement, we will update the "Date Adopted" date noted above.

LIST OF CONTENT
For a complete list of current trademarks and copyrighted images and access to downloadable digital content for use in accordance with these guidelines, please acknowledge below and you will be directed to the Trademarked Image page. Only the Content available on this page is available for use under this Policy.

OWNERSHIP OF INTELLECTUAL PROPERTY
The City of Port Washington is the owner of the Content as well as trademark(s) and logos, copyrighted images and text appearing on the City of Port Washington website (the "Website") and social media platforms owned and operated by the City of Port Washington. Trademarks may be identified on the website with either a "TM" or ® designation; however, the absence of either a "TM" or ® designation does not affect the City of Port Washington's rights to such trademarks. Copyrighted content may be identified with a copyright notice; however, the absence of a copyright notice does not mean that the image or text is free to copy or use except as set forth in this Agreement.

Except as stated in the Non-Commercial Use License sections below, reproduction, modification, or distribution of Content is strictly prohibited. You agree not to sell, license, rent, distribute, copy, transmit, publicly display, adapt, edit or create derivative works using the Content. Additionally, you may not reproduce, modify, reverse engineer, decompile, disassemble, transmit, sell, distribute, license or create derivative works of any other content appearing on the Website.

NON-COMMERCIAL USE LICENSE
You may use the Content on a personal website, such as a blog or social media, to indicate that you or your business are located in the City of Port Washington, provided your website or social media page complies with the Online Conduct section below. This permission shall be deemed a limited, non-transferable, non-exclusive license that ends immediately if upon the City of Port Washington's request, including but not limited to instances where the Content is out-of-date or has been updated by the City of Port Washington; and/or if you are in violation of this Policy.

You may NOT use any Content for commercial purposes, which is defined as use of Content on social media websites that promote a business or commercial enterprise, on printed materials (such as books, brochures, or posters), merchandise (such as coffee mugs, pens or T-Shirts) or any other articles that are offered for sale OR given away for free in connection with the promotion of your business or commercial enterprise.

You expressly acknowledge that the results from any use of Content and any goodwill shall be for the benefit of the City of Port Washington. You further agree that any use of Content shall be of sufficient quality and shall not violate this Policy or otherwise harm the City of Port Washington's reputation.

COMMERCIAL USE LICENSES
If you would like to use Content for commercial purposes, you must first contact the City of Port Washington and obtain a commercial use license. A commercial use license may be granted or withheld for any reason in the City of Port Washington's sole discretion.

ONLINE CONDUCT GUIDELINES
Most of us go online to learn, explore and have fun. The City of Port Washington has adopted this Policy to promote the City of Port Washington and maintain a positive online atmosphere. Accordingly, any website that uses Content shall not engage in any of the following:

  • Engage in any fraudulent activity or otherwise provide false or misleading information or communications.
  • Impersonate any person or entity or otherwise mislead as to the origin of any information or communication, including the City of Port Washington or any employee, volunteer or elected official of the City of Port Washington.
  • Engage in any activity that violates any federal, state or local laws or regulations, or otherwise engage in any illegal activity.
  • Violate or otherwise infringe on the copyright, trademark or other intellectual property rights of the City of Port Washington or any other party.
  • Violate or otherwise infringe on the privacy rights or contractual rights of any other party or the City of Port Washington.
  • Use Content to interfere with the City of Port Washington or any third party, including but not limited to operating a phishing scam, spreading a virus, cancel bot, Trojan horse, harmful code, denial-of service attacks, packet or IP spoofing, forged routing, forged e-mail address information, or any other method or technology that is similar to any of the foregoing items.
  • Mirror or frame the City of Port Washington website or social media platform, or any portion of such website or social media platform.
  • Use the City of Port Washington website or social media platform to distribute unsolicited e-mails or unsolicited advertisements.
  • Post or otherwise transmit: (a) any content that is libelous, defamatory, obscene, indecent, pornographic, profane, vulgar, threatening, or offensive; (b) any content that promotes any illegal activity or substance; or (c) any other content that would violate the law or otherwise give rise to a civil claim.
  • Assist, encourage or otherwise facilitate the efforts of any third parties to engage in any of the foregoing list of prohibited activities.

LIMITATION ON DAMAGES
THE CITY OF PORT WASHINGTON SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, PROFITS OR GOODWILL, REGARDLESS OF WHETHER THE CLAIM FOR LIABILITY IS BASED ON A CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THIS LIMITATION SHALL APPLY EVEN IF THE CITY OF PORT WASHINGTON HAS BEEN WARNED OF SUCH DAMAGES. THIS LIMITATION SHALL ALSO APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IF YOU HAVE A CLAIM AGAINST THE CITY OF PORT WASHINGTON THAT ARISES OUT OF THIS AGREEMENT OR IS OTHERWISE RELATED TO THE WEBSITE, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CITY OF PORT WASHINGTON TO YOU BE MORE THAN THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID THE CITY OF PORT WASHINGTON FOR SERVICES RELATED TO THE WEBSITE OVER THE PRECEDING TWELVE (12) MONTHS; OR (B) $100.

INDEMNIFICATION
You agree to indemnify and hold harmless the City of Port Washington for any damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees) associated with any party bringing a claim against the City of Port Washington as a result of your breach of this Agreement or otherwise related to your negligence or willful misconduct.

GOVERNING LAW AND JURISDICTION
This Agreement, and The City of Port Washington's operation of the Website, shall be governed and interpreted in accordance with the laws of the United States and the State of Wisconsin. Any disputes arising out of this Policy shall be adjudicated in a court located in Ozaukee County, Wisconsin.

OTHER LEGAL TERMS
The failure of any party to insist (in any one or more instances) upon the performance of any provision of this Agreement shall not be construed as a waiver or relinquishment of any right granted in this Agreement or of the future performance of such provision. In interpreting any provision of this Agreement, no presumption shall arise favoring or disfavoring any party by virtue of the authorship of the provision. If an arbitrator or court determines that any provision of this Agreement is unenforceable: (a) such unenforceability shall not affect any other provision of this Agreement; (b) the remaining provisions of this Agreement shall remain in full force and effect; and (c) the arbitrator or court may so modify the unenforceable provision to the extent necessary to make it enforceable. This Agreement does not create any third party beneficiary rights, except that to extent any provision provides a release, limitation, indemnification or other protection to the City of Port Washington, such provision shall be deemed to also provide a release, limitation, indemnification or other protection to any officer, employee, agent, member, manager or subsidiary of the City of Port Washington.

 

Commercial Usage

The City of Port Washington permits commercial use of its trademarks and copyrighted property such as the City logo and tagline images and text (the "Content") upon the City's approval of a signed License Agreement and payment of a license fee. "Commercial use" means the limited, non-transferable and non-exclusive use of the Content on social media websites that promote a business or commercial enterprise, on printed materials (such as books, brochures or posters), merchandise (such as coffee mugs, pens or T-Shirts) or any other articles that are offered for sale or exchange or given away in order to promote a business or commercial enterprise. Such use must comply with the terms and conditions of the City’s Trademark and Copyright Usage Guidelines (found above) and the License Agreement (found below).

Once you have completed the below form and agreed to the Trademark License Agreement, you will be contacted by the City of Port Washington to discuss your needs, sign a License Agreement and pay the license fee. You will also be required to provide a rough draft showing your intended use of the Licensed Content. As a final step, you will be required to submit for approval final proof of the Licensed Content.

Name:
Address:
City, State and ZIP:
Phone Number:
Email Address:
Business Name:
What will you be using the logo/tagline for:
Trademark License Agreement. Please Read and Agree Below

City of Port Washington, Wisconsin
License Agreement

THIS LICENSE AGREEMENT (the "Agreement") is effective as of ________________ (the "Effective Date"), by and between the City of Port Washington, Wisconsin (“Licensor”) and the undersigned licensee (“Licensee”).

License Terms

Licensed Content: One or more of the property items owned by City, i.e., the City tagline, City logo and/or City copyrighted materials, as designated by the license applicant in the License Agreement.

Licensed Products: The products on which the Licensed Content will appear, which shall be specifically described by the license applicant in the License Agreement.

Quantity: The number or amount of Licensed Products that may be produced by a licensee during the term of the License. Unless limited in the License Agreement, the quantity shall be unlimited.

License Fees: Annual license fees shall be: (a) for a resident of or a business located within the City, $25 per year; and (b) for a nonresident of or a business located outside the City, $50 per year.

Term: Unless a shorter term is specified in the License Agreement, the term of a License shall be one (1) year, i.e., from July 1st of the year issued to June 30th of the next succeeding year.

Market Channels: Unless limited geographically or to a specific address in the License Agreement, online sales and/or retail store sales on the licensee’s business premises are permitted, provided that the applicant shall specifically designate such channels in the License Agreement.

General: No License shall be approved or issued by the City Clerk until the License Agreement has been fully completed, applicable License Fees have been paid in full, and the License Agreement has been signed by all parties. License Fees shall not be prorated, or refunded for any reason.

General Terms and Conditions

For good and valuable consideration, the receipt and sufficiency of which is hereby acknow-ledged by the parties, Licensor and Licensee agree as follows:

1. Additional Terms and Conditions. This Agreement expressly incorporates, and shall be in addition to, all of the terms and conditions contained in the City of Port Washington Trademark and Copyright Usage Guidelines. This Agreement and the City of Port Washington Trademark and Copyright Usage Guidelines shall constitute the entire agreement between the parties and shall not be modified or supplemented by any prior or contemporaneous agreements or understandings relating to the same subject matter, whether written or oral.

2. License. Subject to Licensee's payment of the License Fee, Licensor grants to Licensee, and Licensee hereby accepts, the non-exclusive right and license to use the Licensed Content on and in connection with the manufacture, marketing and sale of the Licensed Products for sale in the Market Channel during the Term. Licensee agrees and acknowledges that all use of the Trademark, and any goodwill that results from such use, shall inure to the benefit of the Licensor.

3. Quality Control. Licensee agrees to comply with all of the "Online Conduct Guidelines" set forth in the City of Port Washington Trademark and Copyright Usage Guidelines. Further-more, Licensee shall ensure that the Licensed Product(s) and any marketing materials, packaging, websites and related materials bearing the Trademark(s) shall be of sufficient quality to protect the reputation and goodwill associated with the Trademark(s) in the minds of consumers, and shall comply with all laws and regulations relevant to the quality of such products in the juris-diction(s) where such products are sold.

4. Term. This Agreement shall become effective as of the Effective Date and remain in effect for the Term. Upon expiration or termination of this Agreement for any reason other than Licensee's material breach, Licensee shall be entitled to sell-off remaining inventory of Licensed Products for a period of three (3) months. If this Agreement is terminated due to Licensee's material breach of this Agreement, Licensee shall immediately cease any and all use of the Licensed Content and the sale and marketing of Licensed Products on or before the effective date of termination.

5. Termination. The City of Port Washington may terminate this Agreement if: (a) Licensee is in material breach of this Agreement and fails to cure such breach within fifteen (15) days after receiving written notice of such breach; or (b) Licensee is or becomes insolvent, files for bankruptcy or ceases to operate its business.

6. Assignment: Successors and Assigns. Licensee shall not have the right to assign, transfer or sublicense the terms and conditions of this Agreement without the prior written consent of Licensor. This Agreement shall be binding upon Licensee, its successors and permitted assigns.

7. Amendment. This Agreement may not be amended, modified or supplemented except by a written instrument duly executed by each of Licensor and Licensee.

8. Severability; Waiver. If any provisions of this Agreement or any portions hereof are invalid, illegal or unenforceable, the other provisions of this Agreement or portions thereof shall remain in full force and effect. Any failure of Licensor or Licensee to comply with any provision of this Agreement may only be waived expressly in a written instrument duly executed by each of Licensor and Licensee.

     IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the Effective Date first written above.

Licensee: ____________________    Licensor: City of Port Washington, Wisconsin
By: _________________________     By: __________________________________
Title: _______________________     Title: ________________________________
Date: _______________________     Date: ________________________________

 
City of Port Washington, Wisconsin Department of Public Works Contact Us

City Clerk
Susan Westerbeke
262-284-5585
Ext. 1001
swesterbeke@ci.port-washington.wi.us

City Webmaster
Bonnie Hinz
262-284-5585
Ext. 1004
bhinz@ci.port-washington.wi.us