Design Standards

Logo Use, Warranty Disclaimers, User Grant of Rights:

If the request to use the Rotary logo is granted by Vehicle Service Group, the individual(s), company or organization that submitted the request for use of the Rotary logo agrees to all terms, conditions, guidelines, and restrictions set forth in this agreement and any modifications that Vehicle Service Group may, from time to time, make to them. Any special terms of the request submission instructions or the request form shall also be considered a part of this agreement.

Logo usage must be approved in a signed writing by a member of the VSG Marketing Team prior to use. Your use must be strictly in accordance with the approval and the terms of this Agreement. For example, any change in the images, text or audio that accompanied the original request for approval will, unless authorized in a signed writing by a member of the VSG Marketing Team, constitute an unauthorized use. Unauthorized use can lead to severe consequences and penalties, including potential legal actions for damages and other remedies. If you wish to make any changes to the approved use, you must submit a new fully completed request form, which will also be subject to the terms, conditions, guidelines, and restrictions set forth in the request submission instructions, the request form, this Agreement and any modifications that Walmart may, from time to time, make to them.
Vehicle Service Group cannot accept time limits or deadlines placed in any request, and if you do not receive a signed, written approval, the request has not been approved.

PLEASE NOTE THAT AN APPROVAL BY VSG IS NOT A REPRESENTATION, WARRANTY OR GUARANTEE THAT YOUR PROPOSED OR ACTUAL USE WILL NOT VIOLATE THE RIGHTS OF ANY THIRD PARTIES. For example, VSG will not assess whether your proposed text, audio, footage, images or use of other logos would violate any third party rights, such as copyright, trademark rights or rights of publicity. VSG’s approval is strictly limited to VSG’s rights in its logo. You must secure any other necessary rights and permissions from the owners, if any, of other pertinent rights.

VEHICLE SERVICE GROUP MAKES NO REPRESENTATION OR WARRANTY, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH REGARD TO: (A) THE APPROVALS AND PERMISSIONS GRANTED BY VSG IN THIS AGREEMENT; (B) THE ITEMS, COMMUNICATIONS AND INFORMATION SUPPLIED BY VSG; AND (C) VSG’S EMAIL SYSTEM AND OTHER VSG SYSTEMS, ITEMS AND EQUIPMENT USED IN CONNECTION WITH THIS AGREEMENT OR THE REQUEST FOR PERMISSION.
VSG may, at any time, in its sole discretion and without liability, withdraw its approval of any proposed or actual use of the Rotary logo.
Provision of Copies by User
You must submit the following materials and information to the VSG Marketing Team:

Additionally you agree to provide to VSG, from time to time, upon its request and without charge, additional representative samples of the items in or on which the Rotary logo is used under this Agreement.
Please retain a copy of any materials provided to VSG. VSG cannot guarantee that your submission will be received or retained. In addition, you hereby provide to VSG permission to retain and use the submitted materials and information for VSG’s purposes (e.g., training and shareholders meetings) and to advertise or document the fact that the activities were conducted or sponsored by VSG or specific VSG Brands or that VSG or a specific VSG Company donated funds, goods or services. In addition, you hereby provide to VSG permission to copy, display, modify (e.g., excerpting, editing, etc.) and use the submitted materials and information and agree that the permission is paid-up, royalty-free, effective everywhere and applicable to all media and means of exploitation now known or hereafter conceived.

Non-compliance:

• Without waiving any of its other rights and remedies, VSG may notify you of any non-compliance with the terms of this Agreement and you agree, upon VSG’s request, to immediately cease such unauthorized use and to seek the return or destruction of any items that contain the unauthorized use. However, failure by VSG to provide notice is not a waiver of any of VSG’s rights and remedies for an unauthorized use.
• Due to changes in law, the nature of particular organizations or other factors, VSG may, at any time, in its sole discretion and without liability to you, change the terms of the permission granted under this Agreement or withdraw the permission. Notice of such changes will be provided to you. Non-compliance with any such changes or withdrawal of permissions would be a violation of this Agreement.
• Each term and condition of this Agreement forms a condition upon which VSG’s grant of permission has been premised. Therefore, any violation of a term or condition of this Agreement shall revoke the permission provided by VSG in this Agreement.

Usage Intent:

• The Rotary logo shall only be used for the purpose for which the original, approved request was made. Any other usage of the Rotary logo beyond the original request is strictly prohibited and is subject to legal action.

Logo Look and Feel:

• The Rotary logo should only be used in the size, form and colors as provided with the approval of this request, without modifications or alterations;
• The Rotary logo should not be combined with any other unapproved, graphic, textual or other elements;
• The Rotary logo should not be used as a design element of any other unapproved logo or trademark;
• The Rotary logo may not be used to indicate or imply that Rotary endorses, sponsors, or associates with any activity, event, opinion, belief, web site, company, product, service, or merchandise without express, written permission signed by a member of the VSG Marketing Team;
• The Rotary logo may not be used on any products, services, business cards, letterhead, or merchandise of an individual, company or organization without express, written permission signed by a member of the VSG Marketing Team;
• The Rotary logo may not be used in any way, or in, on or in association with, any materials or information (e.g., any web site or printed materials) that violate any applicable laws or government regulations; and
• Any use of the Rotary logo should conform to our company’s high standards of quality, style, and image, and should not be used or distributed in any manner that might be deceptive or misleading or which might bring Rotary Lift into ridicule or disrepute. (For example, if use of the Rotary’s logo is approved for your web site, you will not provide links from your web site to any other sites that contain pornographic or otherwise offensive or illegal content.)

Trademark Rights:

• The individual(s), company or organization to whom permission is granted under this Agreement, acknowledge that the Rotary logo is protected by trademark, service mark and other rights belonging to Vehicle Service Group and that all goodwill and rights accruing from the use of the mark shall be to the benefit of VSG.
• The following notice, in a location and size approved by VSG, must be used with regard to any use of the Rotary logo:  

Indemnification:

• The individual, company or organization to whom permission is granted under this Agreement shall protect, defend, indemnify, and hold VSG and its affiliates and each of their respective owners, officers, directors, employees, representatives and agents harmless from and against any liability, costs (including, but not limited to attorney fees) and damages that arise from or relate, in any way, to any claim raised or asserted by a third party with regard to, or related to, the use of the logo or its use in connection with any item, information, activity or event.

Assignment:

• The rights and obligations of the individual(s), company or organization to whom permission is granted under this Agreement may not be assigned, transferred or sublicensed and any such assignment, transfer or sublicense shall be void and without effect. A change in control, whether by stock purchase or otherwise, shall be considered an assignment or transfer.
• VSG’s rights and obligations under this Agreement may be assigned, transferred and sublicensed by VSG.

Dispute Resolution, Audit:

• This Agreement and any claim arising out of or relating to this Agreement or the business relationship of the parties shall be governed, enforced, and construed under the laws of Indiana without regard to conflicts of laws or principles that would require the application of any other laws or presumption or rule of law requiring its construction against the party drafting any part of this Agreement. Any action or suit concerning or arising out of or related to this Agreement or its subjects shall be brought and maintained in federal or state court in Indiana or Jefferson Counties, Indiana. Any actual or threatened unauthorized use of Rotary’s logo is acknowledged by the parties to cause irreparable harm and, without limiting any other rights and remedies, merit equitable relief in the form of temporary, preliminary and permanent injunctive relief.
• In no instance shall VSG be liable to the individual(s), company or organization to whom permission is granted under this Agreement for indirect, consequential or special damages, including, but not limited to, lost profits, lost income, lost revenues, business interruption or lost business arising out of or related to this Agreement or its subject matters, even if VSG was advised or otherwise aware of the possibility of the damages and regardless of any prior course of dealing between the parties.
• VSG shall be provided, upon request and without charge, copies of records (e.g., documents, electronic files) that comprise or relate to the use of the Rotary logo by the individual(s), company or organization who has entered into this Agreement. Such individual(s), companies and organizations shall retain records of the use for a period of at least three (3) years after the use is discontinued.

Severability, Waiver, Survival, Conflicts:
If a court, jury or any other forum with mandatory authority to decide the issue determines that any term of this Agreement is invalid, void or unenforceable to any extent, the remaining terms shall remain in full force and effect and the invalid, void or unenforceable provision shall be, if possible, modified to cause it to be valid, effective and enforceable in a manner that most closely conforms with the original intention expressed in this Agreement. The waiver by VSG of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach or as a course of business. The provisions of this Agreement that by their nature are intended to survive termination or expiration of the Agreement, including but not limited to, the indemnification provided by the user of the logo shall survive and have full effect.

Construction And Interpretation:
The headings in this Agreement shall not limit or otherwise affect the meaning of any part of the Agreement. Neither this Agreement nor any uncertainty or ambiguity shall be construed or resolved against the drafter under any rule of construction or otherwise.

Entire Agreement, Amendment, Notices:
This Agreement constitutes the entire agreement among the parties and supersedes all prior agreements and understandings, written or oral, between the parties concerning it or its subject matter. No amendment, approval, waiver or consent under this Agreement shall be binding upon VSG unless in writing and signed by a VSG Marketing Team. All notices or other communications required or permitted under this Agreement shall be deemed duly given either: (a) when delivered in person to the contact person for the recipient party, (b) upon transmittal of a facsimile or email transmission to the contact person for the recipient party at the facsimile number or email address designated in the recipient party’s contact information in this Agreement, with reasonable evidence of successful transmission, or (c) three (3) business days after being mailed by either registered or certified U.S. mail, return receipt requested, postage prepaid to the contact person for the recipient party at the mailing address designated for the recipient party in the recipient party’s contact information in this Agreement.

Additional Restrictions and Guidelines Regarding the Rotary Logo:

• The Rotary logo should be produced in black and white only if no color option is available, as provided by the VSG Marketing Team.

• The Rotary tagline (“The World’s Most Trusted Lift”) should never be altered or substituted with any other phrase.

• The logo may not be reproduced any smaller than 1.25 inches.
• Clear space restrictions for the area surrounding the logo are as follows:
• Never allow typography or other elements to “invade” the “Rotary” oval area

• For Pantone color reproduction:
• Rotary red: PMS 186 C

• For four-color reproduction:
• Rotary red
• C:12 M:100 Y:92 K:3
• R:207 G:21 B:45