Logo Use Policy
ACA members may download the Association’s member logo to promote their membership in ACA International.(Please read the policies below regarding logo use before displaying.)
ACA Non-Member Mark PolicyThis Logo Use Policy does not include any license for a User, that is not an ACA Member, to use 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 display the ACA Marks on User’s material, provided that: (a) if the ACA Mark is displayed electronically, the display must create a link to ACA’s Website with the words “ACA International” or the ACA Marks in the exact form set forth in the Federal Registrations found at the USPTO website (“Logo(s)”); (b) User does not misrepresent that User is an ACA Member, unless the ACA annual membership dues have been paid; (c) User may not use the Association Marks with the word “member,” unless User is an ACA Member; (d) User hereby acknowledges that all right, title and ownership to the ACA Marks belong to ACA; (e) 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; (f) User must not misrepresent User’s relationship with ACA or present false or misleading impressions about ACA; (g) no links to the Website may be used in a manner that implies or suggests that ACA approves or endorses User, User’s website or User’s goods and services; (h) any nonmember that includes an ACA Mark on their website must include a reference on the website page that states “[company name] is not a member of ACA International.”; and (i) ACA shall have no responsibility for any content appearing on 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 or as displayed in the Federal Registrations with the USPTO; (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 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) 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) 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) User may not misrepresent itself as a Member if it is not; and (g) the use is fair use under federal law standards.
- ACA shall have the sole right to terminate this Nonmember License at any time with written notice to the User.
Association Mark PolicySubject to the terms and conditions set forth in this Logo Use Policy, ACA hereby grants the following nonexclusive, limited, revocable, royalty-free license, with no right to sublicense, to its ACA Members, but not the ACA 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 Member License includes the ACA Member’s right to display the ACA Marks, the Association Marks and/or the Logos with the word “Member” printed in italics below the Logos on the ACA Member’s materials when identifying themselves as members of ACA (“Display Rights”). The Display Rights shall only be allowed in connection with the ACA Member’s credit, collection and supporting products and services business (“Services”). No ACA Member may modify ACA Marks, except to size it up or down with its same proportion to fit the layout of the display. If any ACA Member needs to enlarge the ACA Marks significantly, please contact ACA for a file to fit the specific need. Significant enlargement of the ACA Marks will result in distortion and is not an authorized use. ACA reserves all right, title and interest in and to the ACA Marks. Any use of the ACA Marks granted herein shall inure to the benefit of ACA.
- Unless otherwise terminated, the term of the Member License commences upon the date the ACA Member becomes a member of ACA and shall immediately cease upon the date the ACA Member’s membership lapses (“Expires/Expiration”). Only current ACA Members may use the Association Marks and the Display Rights. Nonmembers must immediately remove any use of the Association Mark and the Display Rights if the membership Expires. The use of the Association Marks is a member benefit. Upon Expiration, the Member License shall immediately cease, and the nonmember must remove all reference to the Association Marks, cease all Display Rights and shall not refer to itself as an ACA member. By becoming an ACA Member, the ACA Member acknowledges that the failure to immediately remove any display of the Association Marks after Expiration could result in ACA publishing the nonmember’s status as a nonmember on the Website. The Member License shall be considered renewed upon the payment of the annual fees and the nonmember’s renewal as an ACA Member.
- Notwithstanding Expiration, this Member License shall automatically terminate: (a) upon any misuse of the Association Marks; (b) the termination or cancellation of membership with ACA; (c) immediately upon ACA’s sole discretion based upon ACA’s belief the ACA Member no longer upholds the principles and/or reputation associated with Service standards; or (d) 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 shall revert to ACA, and ACA Member shall destroy any and all of ACA Member’s materials incorporating the Display Rights and remove any reference to the Association Marks.
- By becoming an ACA Member, the ACA Member agrees that any of use of the Association Marks 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 of the ACA Marks shall inure to the benefit of ACA. Any use of the Association Marks 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 Marks.
- Nothing in this Member License shall give any ACA Member any right, title or interest in or to the Association Marks, other than the right to use the Association Marks in accordance with these terms.
- The use of the Association Marks must be in accordance with ACA’s policies and procedures that are incorporated into this Member License by reference.
- The Association Marks 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 ACA Member’s certificate of membership.
- ACA maintains quality control of the Association Marks. ACA Member hereby agrees to maintain a high quality of all Services in connection with the Association Mark’s including, but not limited to, providing Services in accordance with ACA’s Code of Conduct; 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 Marks upon notice from ACA that the Association Marks are being used in an unauthorized manner. ACA Members shall cooperate with ACA to maintain quality control; including – when necessary – allowing ACA to inspect and evaluate ACA Member activity for compliance with the quality requirements under this Logo Use Policy
- When placing the Association Marks on an ACA Member website, the Association Marks must be a clickable link from the Logo to the Website. ACA hereby grants the ACA Member a nonexclusive, worldwide Member License to display the Association Marks with an embedded URL link to the Website, on ACA Member’s website, solely for the purpose of providing ACA Member’s end users with quick access to the Website by actually transferring the user out of the ACA Member’s website to the Website. Without limiting the foregoing, the link may not be used in any manner to provide user’s access to the Website via any framing, layering or other techniques now known or hereafter developed that permit display of the Website with any materials posted by ACA Member or any party other than ACA.
- ACA Member may not use any trademark, service mark, trade name, insignia or logo that is confusingly similar to the Association Marks.
- Companies that employ individual ACA Members are not permitted to use the Association Marks, unless they hold a company ACA membership.
- ACA shall have the right to audit the use of the Association Marks in order to confirm compliance with this Member License and ACA Member shall fully cooperate with ACA.
- 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 Marks pursuant to this Member License.
- MISUSE OF ASSOCIATION MARKS. ACA shall take appropriate legal action for misuse of the Association Marks. ACA Member hereby agrees that in addition to any remedies available at law, ACA shall have the right to post the names of any previous ACA Members who continue to use the Association Marks after their membership has been terminated on the Website as a list of nonmembers who are no longer ACA 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. ACA may post a list of known unauthorized Users.
- Notwithstanding the Member License, the ACA Member shall also be granted the Nonmember License until termination of either.
- The Certification License includes the Certified User’s right to display the Certification Mark associated with the ACA Certification Program successfully completed by the Certified User, along with a statement that the Certified User has completed the ACA Certification Program, provided the display is in connection with the Services and does not in any way, directly or indirectly, misrepresent the ACA Certification Program is controlled and/or provided by the Certified User (“Certification Mark Display Rights”). No Certified User may modify Certification Mark(s) from the authorized Logos, except to size it up or down with its same proportion to fit the layout of the display. If any Certified User needs to enlarge the Certification Mark(s) significantly, please contact ACA for a file to fit the specific need. Significant enlargement of any Logos associated with the Certification Marks could result in distortion and is not an authorized use. ACA reserves all right, title and interest in and to the Certification Marks. Any use of the Certification Marks granted herein shall inure to the benefit of ACA.
- Unless otherwise terminated, the term of the Certification License commences upon the date the Certified User becomes certified in the specific ACA Certification Program.
- The Certification License shall automatically terminate: (a) upon any misuse of the Certification Marks; (b) immediately upon ACA’s sole discretion based upon ACA’s belief the Certified User no longer upholds the principles and/or reputation associated with industry standards; or (c) upon ACA’s written notice of termination for Certified User’s breach of these terms or as required under ACA’s policies and procedures. Upon termination, this Certification License shall automatically terminate, and all rights shall revert to ACA and Certified User shall destroy any and all Certified User’s materials incorporating the Certification Mark Display Rights and remove any reference to the Certification Marks.
- 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, THE ASSOCIATION MARKS OR THE CERTIFICATION MARKS, 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 ACA Marks, the Association Marks or any Certification 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, the Association Marks and the Certification Marks.
- 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.