No preview available
HomeMy WebLinkAboutC17-094 Stop.Think.Connectam=1:110HIPM0101"IM I11MNOW ORX"RaOki IOL41I Whereas the Online Consumer Safety and Security Messaging Convention (hereafter "Messaging Convention") was organized in March, 2009 by the National Cyber Security Alliance, a not for profit corporation organized under the laws of Virginia with an address at 1010 Vermont Ave., NW, Suite 821, Washington, D.C. 20005 ("NCSA") together with the Anti- Phishing Working Group, a not for profit corporation organized under the laws of the State of Delaware with an address at PMB 246, 405 Waltham Street, Lexington, Massachusetts 02421 ("APWG") to develop and deploy a universal online safety and security messaging scheme (the "Work") for alerting and instructing consumers that can be used by all enterprises, government agencies and NGOs; Whereas, the Work, copies of which are attached hereto as Exhibit A, is subject to protection both as a trademark and as a copyrighted work; Whereas, the Messaging Convention desired that the Work be available for use by any individual or entity who uses it to foster consumer awareness about online safety and security (the "Purpose"); Whereas, the NCSA and the APWG, following the wishes of the Messaging Convention, created a not for profit corporation under the name STOP. THINK. CONNECT. Messaging Convention, Inc. ("STOP. THINK. CONNECT.") and has transferred all rights, title and interest in the Work to STOP. THINK. CONNECT.; Whereas, the Work was introduced to the public and made available for public use conurtencing October 4, 2010 under an interim license provided by NCSA and APWG because STOP. THINK. CONNECT. was not yet formed, Whereas, STOP. THINK. CONNECT. terminated interim licenses and hereby sets forth the terms and conditions under which the Work may be used. Us 2f 8 31541:3'.3 C 17-094 Now, therefore, effective 03/22/2017 STOP. THINK. CONNECT. ("Licensor") does hereby grant to Eagle County Government '("Licensee", "You", or "Your") a license to use the Work under the following terms and conditions: 1. Acceptance of this License. A. By using the Work in any manner anywhere in the World, You hereby consent to the terms and conditions of this license ("Agreement"). If You do not accept these terms and conditions, You may not use the Work and Your use will be deemed an infringement and may result in the commencement of legal action against You. If you had a previous license to use STOP. THINK. CONNECT. with either NCSA or APWG, this license supersedes it. B. While this Agreement grants you the right to use the Work anywhere in the World, you acknowledge and understand that the Work has only been cleared for use as a trademark in the jurisdictions listed on Exhibit B. You agree that any use by You of the Work as a trademark outside of the jurisdictions listed on Exhibit B shall be at Your own risk and will not hold Licensor accountable for any claims that may arise there from. 2. Grant of License. A. You are entitled to use the Work only to the extent that such use is consistent with the Purpose. B. Attached hereto as Exhibit C is the Style Guide for the Work. All use of the Work must be in accordance with the Style Guide. You may not change the Work without the prior written consent of Licensor which may be granted or denied in Licensor's sole discretion. However, You may create a derivative work by adding new material to be used in connection with the Work. C. The rights granted herein are conditioned expressly on Your adherence to the Style Guide including without limitation the guideline that any use of the Work on the Internet must be accompanied by legal notice in the following form, either on the same web page or via hyper text link as follows: If content is solely from Licensor: C1 STOP. THINK. CONNECT. Messaging Convention Inc. Used under license. All rights reserved. 2010 STOP. THINK. CONNECT. is a trademark of the US 2008 21 A787 2 Messaging Convention and may only be used in accordance with the license provided at https:Hstgpdiinkconnect.org/get-involved. If the content is provided by the Licensee: Your standard copyright provision followed by: STOP. THINK. CONNECT. is a trademark of the STOP. THINK. CONNECT. Messaging Convention, Inc. 2010. The logos and artwork connected with the STOP. THINK. CONNECT. trademark are copyrighted 2010-2011. All Rights Reserved. The trademark and logo may only be used in accordance with the license provided at https:Hstgpthinkconnect.org/get-involved. 3. Inspection. A. You may exploit Your rights under this Agreement without any prior written approval from Licensor except that in the event that Licensor determines Your use of the Work may not be consistent with this License, Licensor reserves to itself the right to require You to obtain written preapproval of some or all of Your future use of the Work, with such approval not to be unreasonably withheld. B. In order to maintain quality control over the trademark portions of the Work, Licensor may request at any time to review and inspect Your use of the Work. No licensee shall be the subject of more than one such request during the term of this license unless Licensor concludes after a particular inspection that there have been violations of this Agreement, in which case Licensor may institute whatever preapproval process it deems appropriate. 4. Term. A. This license shall be in effect from the period 03/22/2017 until 03/22/2020 B. Licensor may also terminate this License at any time on ten (10) days notice if in Licensors' sole discretion it determines that You have on two separate occasions used the Work in a manner not consistent with the Purpose and You have been provided written notice of the first inconsistent use. 5. Renewal of this Agreement. A. If Licensee desires to renew its rights under this Agreement, it shall, no later than thirty (30) days before the end of the Term submit to Licensor representative samples of its use of the LTS?W$ 2194787.2 Work during the term. Licensor shall review such submissions for quality and use consistent with the Purpose. This Agreement shall be deemed renewed for another three (3) year term unless (i) Licensor notifies Licensee in writing that this license is not be renewed or (ii) Licensor conditions Licensee's continued use of the Work on specific acts which shall then become part of this Agreement with respect to that Licensee only. B. The renewal term shall be for an additional three (3) year term to expire on December 31, 2021. This Agreement shall continue to be renewed using the process in subsection (A) above unless it is terminated by Licensor under the terms of Section 4(B). 6. Ownership of Derivative Works. If You create any Derivative Works, You shall own all rights to the added or new portions of the Derivative Work but You hereby grant a perpetual, irrevocable license, subject only to subsection (i) below, to Licensor to use, distribute, transmit, display or copy the Derivative Work in connection with its educational efforts or in order to promote Licensor, or its successor - in -interest, or the Purpose. (i) Notwithstanding anything to the contrary in this Agreement, You may request that the Licensor's Board of Directors agree that a specific Derivative Work created by You not be covered in the irrevocable license described in this Section 6. Such request must be in writing and shall be approved or rejected by a majority vote of the Board of Directors at their next regularly scheduled meeting. Licensor agrees that between the time the request is received and a decision made that Licensor shall not exercise any of the rights granted to it under this Section 6. 7. Representations and Warranties. A. STOP. THINK. CONNECT. represents and warrants that: (i) it is the Owner of the Work in the United States and any other jurisdictions which may be added to Exhibit B from tune to time in Licensor's sole discretion. (ii) that is authorized to grant the license and rights included herein. B. Licensee represents and warrants to the Licensor that: (i) it is authorized to enter into this license. LTS20082194787.2 (ii) it shall use the Work only in a manner that is consistent with the Purpose and for no other purpose. (iii) it shall not use the Work in connection with statements, promotion, or campaign that would tarnish or dirninish Licensor's reputation or its rights in the Work. (iv) it shall not use the Work in connection with any statement, promotion, or campaign that infringes or interferes with rights of any third party. (v) before using the Work as a trademark in any jurisdiction not listed on Exhibit B, it shall obtain a written opinion of qualified trademark counsel that use of the Work as a trademark in that jurisdiction shall not infringe the rights of any third party. S. Equitable Relief. You acknowledge that any use of the Work other than in accordance with this Agreement, will cause irreparable damage to Licensor. Therefore, You agree that in the event that a Court shall determine that You have made or intend to make any use of the Work not authorized by this Agreement that STOP. THINK. CONNECT. will be entitled, in addition to and not in lieu of all other rights and remedies available at law or in equity, to specific relief including, without limitation, an injunction enjoining such non -conforming use of the Work. You also acknowledge that STOP. THINK. CONNECT. shall be entitled to an award of attorneys' fees in connection with any such action it successfully brings in connection with Your non -authorized use of the Work. The rights set forth in this Section shall survive the termination of the Agreement. 9. Protection of the Work. A. Licensee shall at no time seek to register the Work as a trademark, copyright, or domain name anywhere in the World. In the event that Licensee uses the Work as a trademark in a jurisdiction not listed on Exhibit B. it shall provide Licensor with a copy of the trademark clearance letter as required in Section 2(B) and 7(B)(v). 10. Miscellaneous. A. This Agreement shall be interpreted in accordance with the laws of the state of Virginia exclusive of its conflict of laws provision. To the extent that a court or other administrative or judicial body shall find any provision of this Agreement to be unenforceable for any reason, such provision shall be found enforceable to the maximum extent permissible under Virginia US 2008 21947872 law. You consent to the exclusive jurisdiction of the federal or state courts sitting in Virginia to hear any dispute arising out of or relating to the Work and/or this Agreement. B. The rights granted to You under this Agreement may not be assigned to any third party. Of course, any third party may enter into a new license agreement with Licensor. C. This Agreement is the final and binding memorialization of the agreement of the parties with respect to the Work and may only be modified or amended in a document executed by both You and Licensor. Us 2f 8 31541:3'.3 IN WITNESS WHEREOF, the Parties have executed this instrwnent on 03/22/2017 STOP. THINK. CONNECT. Messaging Convention: Name: Licensee: Eagle County Government Name: Bryan Treu Interim County Manager U92008 2194787.2 IW:q:II:]rMAI STOP THINK CONNECT" US ZW8 2144787.2 1*:3:II:1rr:� C0 P.-"]> STOP THINK CONNECT" STOP. THINK. CONNECT. has been cleared for use as a trademark in the following jurisdictions: United States of America Us 2f 8 31541:3'.3 (See editorial and style guide below) US 2008 21947872 oQ�> STOP I THINK I CONNECT'" Stop Think Connect Identity Usage Guidelines This document is to be used as a guide for applying the stop Think Connect identity correctly and consistently when creating marketing and other collateral materials for external consumption. Our identity is a valuable brand asset; please use it with care and consideration. Wide The Stop Think Connect (STC) signature is made up of two components: the logo and the name. The signature is the most important element of the STC brand identity system. It is important to apply the signature properly and consistently across all media to maintain a unified brand image. Application There are two acceptable applications of the STC signature: logo & name, or just logo. The relationship between the logo and name should never be shifted or adjusted. The logo should always be centered over the word "connect". Minimum Size The STC signature should never be scaled down to a size where the name becomes illegible. Clear Space Be sure to leave some white space around the signature so that it is always legible and clear. Signature STOP THINK C(DINNECT-Name QRD Logo Minimum Size Clear Space am b F —1NK tiUtilwcl.1 STOP THINK CONNECT Signature Colors The signature contains two colors, STC blue and the grey rules. These colors should be used in all STC communications to strengthen the overall brand. PMS Process 279 C58 M17 YO KO RGB Hex R 94 G 176 B 229 5ebOe5 422 CO MO YO K40 R167G169B172 a7a9ac Stacked The Stop Think Connect (STC) signature is made up of two components: the logo and the name. The signature is the most important element of the STC brand identity system. It is important to apply the signature properly and consistently across all media to maintain a unified brand image. Application Signature There are two acceptable applications of the STC signature: logo & name, or just logo. The relationship between the logo and name should never be shifted or adjusted. The logo should always be centered over the word "connect". Minimum Size The STC signature should never be scaled down to a size where the name becomes illegible. Clear Space Minimum Size Be sure to leave some white space around the signature so that it is always legible and clear. Clear Space o �> ST0P THINK Name CONNFCT' M 5Tgr TH--4t CQNr4F.CT o �> STOP THINK CONNECT' Signature Colors The signature contains two colors, STC blue and the grey rules. These colors should be used in all STC communications to strengthen the overall brand. PMS Process 279 C58 M17 YO KO RGB Hex R 94 G 176 B 229 5ebOe5 422 CO MO YO K40 R167G169B172 a7a9ac Signature Color Usage The signature can either be used in full color or in a black &white version, depending on your needs. � � C; - -1) ST(DP THIN. C(DNNECT 04> STOP I THINK � CONNECT!- Incorrect ONNECT' Incorrect Usage Correct and consistent usage of the STC identity will establish and maintain the strength of our brand. The signature and its components should not be altered or distorted. Never re-create the signature. Incorrect Proportions ilE S Incorrect Arrangement of Name & Logo �M 5T0)P K CONNECT 0000 Incorrect Color ST NK CONNECT Incorrect Usage in Shape o -> STOP I THINK I CONNECT STOP. THINK. CONNECT. Editorial Style Guide Use of STOP. THINK. CONNECT. in written language. When using the STOP. THINK. CONNECT. message in written language, it should always appear in capital letters and each word should be followed by a period. If STOP. THINK. CONNECT. falls at the beginning or in the middle of a sentence, do not capitalize the first letter of the word following "CONNECT." Example — proper use: The national cybersecurity awareness campaign is STOP. THINK. CONNECT. Or STOP. THINK. CONNECT. is the national cybersecurity awareness campaign. Example— improper use: Stop. Think. Connect. Is the national cybersecurity awareness campaign. Or As STOP. THINK. CONNECT rolls out across the country more people will become part of the campaign. Tone and feel of the campaign STOP. THINK. CONNECT. is a positive, action oriented campaign. The research supporting the message clearly showed us that people want to feel empowered and in control. STOP. THINK. CONNECT. should be used in the context of positive, action oriented messaging. STOP. THINK. CONNECT. is not to be used in conjunction with any fear --based or negative messaging. It is o to discuss the problems and facts, but these must be accompanied by positive steps and actions people can take to protect themselves. Example — proper use: Use security software to protect yourself against the bad guys. Keeping software up-to-- date is one of your best defenses. Example— improper use: The Internet is filled with cybercriminaIs waiting to prey upon your accounts. If you don't use security software you stand to lose everything. Attribution If you intend to create a piece of collateral that can be added to the pool of resources available for anyone to use in the campaign, please consider how you will attribute your contribution. The STOP. THINK. CONNECT. Messaging Convention recommends the fallowing guidelines far attribution: Brought to you by [Cam pany Name/logo] or Sponsored by [Cam pany Name/Logo] Attribution should be placed at the beginning and/or end of videos, an the bottom or backside of print collateral (pasters, brochures, print ads, etc.) and at the end of PSA announcements. Inclusion of www.stopthinkconnect.com is also encouraged in the creation of any materials that will be made available to the STOP. THINK. CONNECT. Messaging Convention as a campaign resource for anyone to use. Legal Notice STOP. THINK. CONNECT.'"", the STOP. THINK. CONNECT. Logo, and the STOP. THINK. CONNECT. (STC) signature are all service marks of the STOP. THINK. CONNECT. Messaging Convention, Inc. ("the Convention"), which are to be used only in connection with promoting public awareness of the need for members of the public to be an guard against Internet fraud, securing their computers, protecting their personal information, preventing corporate identity theft, and preventing the theft of intellectual property. The Convention also claims copyright ownership in the STOP. THINK. CONNECT. Logo. Third parties may use any of these marks and/or copyrighted designs in accordance with these Guidelines only if they have executed a royalty --free license found at www.stopthinkconnect.org. Licenses are effective upon confirmation by the Convention. As set forth more fully in the license found at www.stopthinkconnect.org, when using these marks and copyrighted designs, Licensees must agree to use the appropriate copyright of trademark notice, as shown below: If content is solely from the Convention: ©2010 STOP. THINK. CONNECT. Messaging Convention, Inc. Used under license. All rights reserved. STOP. THINK. CONNECT.'" is a trademark of STOP. THINK. CONNECT. Messaging Convention, Inc. and may only be used in accordance with the license provided at www.stopthinkconnect.org. If the content is provided by the Licensee: Your standard copyright provision followed by: STOP. THINK. CONNECT.'" is a trademark of the STOP. THINK. CONNECT. Messaging Convention, Inc. The logos and artwork connected with the STOP. THINK. CONNECT. trademark are copyrighted, 2010--2011. All Rights Reserved. The trademark and logo may only be used in accordance with the license provided at www.stopthinkconnect.org/license If space allowances provide a challenge to the full form copyright provision please use either of the following: © ` 2010 STOP. THINK. CONNECT. Messaging Convention, Inc. Used under license. All rights reserved. or © ` 2010 STOP. THINK. CONNECT. Messaging Convention, Inc. Once the STOP. THINK. CONNECT. trademark registers with the U.S. Patent & Trademark Office, the symbol should be replaced by the registered mark symbol, °.