ACA International, a Minnesota not-for-profit company and any of its affiliates (“ACA”) takes pride in the reputation it has acquired since its foundation and as a result, must make sure to protect its marks. ACA is the sole owner of many trademarks, service marks, and other source identifiers used in its materials and provided as part of its services, whether registered with the United States Patent and Trademark Office (“USPTO”) or held as common law marks and ACA owns association marks for its members to use as a benefit of membership and as a way of signifying the superior quality associated with being a member of ACA, including, but not limited to United States Trademark Registration Number 4185611 (“Association Mark(s)”) (all marks are collectively referred to as “ACA Marks”).
Please make sure to read the terms of this “Logo Use Policy” setting forth the guidelines for using the Association Marks and the ACA Marks. You are required to adhere to these terms and ACA respectfully asks you be considerate of ACA’s rights and your responsibilities when referencing and using the ACA Marks and Association Marks.
This Logo Use Policy is between ACA and the user of the website located at www.acainternational.org (“Website”), any current member of ACA (“Member”) and/or the user of any materials provided by ACA (collectively referred to herein as “User”). By accessing the Website, becoming a member of ACA or otherwise utilizing any materials provided by ACA, User acknowledges and accepts the terms of this Logo Use Policy.
ACA is the sole owner and holds all right, title and interest in and to the ACA Marks and the Association Marks. This Logo Use Policy sets forth the terms of the limited license provided to the User.
ACA Mark Policy
This Logo Use Policy does not include any nonmember license to use any ACA Marks, unless otherwise authorized by law, except for the rights set forth in this section (“Nonmember License”).
- User is hereby granted the Nonmember License right to create a link to ACA’s Website with the words “ACA International” or the image in the exact form set forth below (“Logo”) provided the User agrees: (a) that the link will connect to www.acainternational.org; (b) not to misrepresent User is a Member nor use the Logo with the word “member” associated with the Logo if the User is not a Member; (c) that all right, title and ownership to the ACA Marks, the Association Mark, the content appearing on the Website and the design of the Website belong to ACA; (d) User may not create frames around the Website or use other techniques that alter in any way the visual presentation or appearance of the Website; (e) User must not misrepresent User’s relationship with ACA or present false or misleading impressions about ACA; (f) No links to the Website may be used in a manner that implies or suggests that ACA approves or endorses the User, the User’s website or the User’s goods and services; (g) any nonmember that includes the Logo on the Website must include a reference on the Website page that includes a legend to a reference that states “[company name] is not a member of ACA International.”; (h) ACA shall have no responsibility for any content appearing on the User’s website.
- The Nonmember License right to display the ACA Marks must: (a) adhere to the identification, color, spacing and size requirements for the ACA Marks as displayed below; (b) include the use of ® proceeding the display of each of the ACA Marks; (c) include a legend identifying ACA International as the owner of the ACA Marks; and (d) only use the ACA Marks as legally allowed by federal law. Any goodwill derived from the User’s use shall inure to the benefit of ACA.
- Users are hereby granted the nonexclusive, limited, revocable Nonmember License right to display the ACA Marks if: (a) the use reflects favorably on ACA; (b) the use is referencing ACA products and/or services; (c) the User’s business name and logo appear more prominent than the ACA Mark on all printed materials related to the publication, seminar and/or conference; (d) the User has provided a disclaimer of sponsorship, affiliation, or endorsement by ACA; (e) a trademark legend acknowledging ACA’s ownership of the ACA Marks; (f) the User may not misrepresent itself as a Member if it is not; and (g) the use is fair use under federal law standards.
Association Mark Policy
Subject to the terms and conditions set forth in this Logo Use Policy, ACA hereby grants the following nonexclusive, limited, revocable, royalty-free license to its Members, but not the Member’s affiliates, subsidiaries, parents, or related companies or any other third-party to use the Association Marks in accordance with the guidelines set forth in this section (“Member License”).
- The Association Marks are specifically intended for use by Members in connection with their credit, collection and supporting products and services business. Upon joining ACA, Members are granted this Member License, but only for as long as the Member continues to pay all associated membership dues. Members may only use the Association Marks to indicate membership in the association of credit and collection industry professionals as provided by ACA in the form of a yearly membership subscription (“Services”).
- ACA hereby grants a limited, nonexclusive, revocable, without the right to sublicense, Member License to its Members to display the words “ACA International® Member” and/or the Logo with the word “Member” printed in italics below the Logo on the Member’s materials when identifying themselves as members of ACA. No Member may modify the Logo, except to size it up or down with its same proportion to fit the layout of the display. If any Member needs to enlarge the Logo significantly, please contact ACA for a file to fit the specific need. Significant enlargement of the image available below will result in distortion of the Logo and is not an authorized use of the Logo.
- Unless otherwise terminated earlier, the term of the Member License commences upon the date the Member becomes a member of ACA and shall immediately cease on the date the Member’s membership lapses (“Expires/Expiration”). Only current Members may use the Association Mark. Nonmembers must immediately remove any use of the Association Mark if the membership Expires. The use of the Association Mark is a member benefit.
- This Member License shall automatically terminate upon any misuse of the Association Mark; the termination or cancellation of membership with ACA; immediately upon ACA’s sole discretion based upon ACA’s belief the Member no longer upholds the principles and/or reputation associated with industry standards; or upon ACA ’s written demand to terminate the Member License for Member’s breach of these terms or as required under ACA’s policies and procedures. Upon termination, this Member License shall automatically terminate and all rights granted will revert to ACA and Member shall destroy any and all of Member’s materials bearing the Association Mark, remove any reference to the Association Mark and disable any links to ACA’s Website.
- By becoming a Member, the Member agrees that any of use of the Association Mark after Expiration is a breach of the Member License. Because this Member License requires continuing membership, Members will be required to change all of its materials upon Expiration of membership.
- Any goodwill derived from Member’s use shall inure to the benefit of ACA. Any use of the Association Mark should include the legend: “ACA International and its design are trademarks owned by ACA International.” at the bottom of the page that displays the Association Mark.
- Nothing in this Member License shall give any Member any right, title or interest in or to the Association Mark other than the right to use the Association Mark in accordance with these terms.
- The use of the Association Mark must be in accordance with ACA’s policies and procedures that are incorporated into this Member License by reference.
- The Association Mark may not be used in association with business names and/or locations, including, but not limited to branch offices, other than the name and location listed on the Member’s certificate of membership.
- ACA maintains quality control of the Association Mark. Member agrees to maintain a high quality of all Services in connection with the Association Mark, including, but not limited to providing Services in accordance with ACA’s code of conduct (Code of Ethics and Code of Operations); maintaining an active membership with ACA and cooperating with ACA’s instructions to maintain quality control, including updating a lapsed membership or immediately removing the Association Mark upon notice from ACA that the Association Mark is being used in an unauthorized manner. Members shall cooperate with ACA to maintain quality control; including – when necessary - allowing ACA to inspect and evaluate Member activity for compliance with the quality requirements under this Logo Use Policy
- When placing the Association Mark on a Member website, the Association Mark must be a clickable link from the logo to the Website. ACA hereby grants the Member a nonexclusive, worldwide Member License to display the Association Mark with an embedded URL link to the ACA Website, on Member’s website, solely for the purpose of providing Member’s end users with quick access to the ACA Website by actually transferring the user out of the Member’s Website to the ACA Website. Without limiting the foregoing, the link may not be used in any manner to provide user’s access to the ACA Website via any framing, layering or other techniques now known or hereafter developed that permit display of the ACA Website with any materials posted by Member or any party other than ACA.
- Member may not use any trademark, service mark, trade name, insignia or logo that is confusingly similar to the Association Mark.
- Companies that employ individual Members are not permitted to use the Association Mark unless they hold a company Membership.
- ACA shall have the right to audit the use of the Association Mark in order to confirm compliance with this Member License and Member shall fully cooperate with ACA.
- Member shall comply with all applicable laws and regulations and obtain appropriate governmental approvals pertaining to the advertising, marketing and use of the Association Marks.
- There is no right to create modifications or derivatives of the Association Mark pursuant to this Member License.
- MISUSE OF ASSOCIATION MARK. ACA shall take appropriate legal action for misuse of the Association Mark. Member hereby agrees that in addition to any remedies available at law, ACA shall have the right to post the names of any previous Members who continue to use the Association Mark after their membership has been terminated on the ACA Website as a list of nonmembers who are no longer Members of the association. ACA shall use reasonable efforts to contact any nonmembers in an attempt to renew the membership or to inform the nonmember of their misuse prior to publication of the nonmember name, but ACA is not obligated to contact any nonmember prior to publication. A list of unauthorized users known to ACA International may be accessed here.
General License Terms
There may be other restrictions relating to the other trademarks and/or service marks owned by ACA located within other agreements User may have with ACA. In the event of a conflict, the more restrictive provision shall prevail. The general terms in this section apply to all Users, whether through the Nonmember or Member License.
- IN NO EVENT SHALL ACA BE LIABLE FOR INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THE ACA MARKS AND/OR THE ASSOCIATION MARK, INCLUDING ECONOMIC DAMAGES AND/OR LOST PROFITS.
- User agrees to indemnify, defend and hold ACA harmless from and against any claim, loss, damages, action, suit or demand of any kind, including any attorneys’ fees, for misuse of the Association Mark, the ACA Marks or breach of this Logo Use Policy except that this provision shall not require user to indemnify, defend and hold ACA harmless for ACA’s own acts of negligence or gross or willful misconduct
- User may not use any trademark, service mark, trade name, insignia or logo that is confusingly similar to the ACA Marks and/or the Association Mark.
- User agrees that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern this Logo Use Policy and both ACA and User submit to the exclusive personal jurisdiction and venue of the state or federal court in Hennepin County, Minnesota.
- In any action, formal or informal, initiated by ACA to enforce this Logo Use Policy, ACA will be entitled to costs and attorneys’ fees.
Contact ACA International if you have questions regarding this Logo Use Policy or to report suspected unauthorized use.