HomeMy WebLinkAboutPK18-384 - Original - The Wiffle Ball, Inc. - Standards for Certification for Use of Name at Kent Memorial Park - 10/01/2018 ANT Records Management Document
I CONTRACT COVER SWEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
❑ Blue/Motion Sheet Attached
❑ Pink Sheet Attached
Vendor Name: The Wiffle Ball, Inc.
Vendor Number (JDE):
Contract Number (City Clerk) ILK lR 3-{
Category: Contract Agreement
Sub-Category (if applicable): Other,,
Project Name: Wiffle BaIlT'" Standards for Certification
Contract Execution Date: 10/1/2018 Termination Date: N/A
Contract Manager: Lynn Osborn/BL Department: Parks
Contract Amount: $0.00
Approval Authority: ® Director ❑ Mayor ❑ City Council
Other Details: Aareement to adhere to Wiffle BallT" Comgany,'s Standards For
Certification to use their name and trademarked imagery at Kent Memorial Park's new
"wifflebaII"" field _ _...... .................... _. ._... ......... ... ------..
Division Contract: #PPDN/A
STANDARDS FOR CERTIFICATION
BY THE WIFFLE BALL, INC.
1 . WIFFLEO perforated plastic balls must be used exclusively in all
tournament games.
2. The Certification Mark "Sanctioned WIFFLE® Tournament' will
always appear in the following form and font. (The certification
mark may not be altered or modified.)
TUUWNdML°NT.
W
3. The Association may use the certification mark on all advertising
and promotional material including, but not limited to, league/team
posters, print and online advertisements and schedules. All
material must be approved by The Wiffle Ball, Inc. prior to its first
use.
4. During any game sponsored by the Association, there shall be no
sale of alcoholic beverages, no sales of tobacco products, no drug
use no foul language, no inappropriate behavior or clothing which
may in any way demean or denigrate The Wiffle Ball, Inc. or its
products.
5. The certification mark cannot be used in conjunction with any
advertising of alcohol, tobacco, drugs or prurient material.
6. Any violation of these standards shall result in the immediate
termination of permission to use the certification mark or other
WIFFLE@ trademarks in connection with the event.
7. The Association shall indemnify and hold The Wiffle Ball, Inc.
harmless from and against any and all claims of third parties and
damage, suits, liabilities, losses, costs and expenses, including
reasonable attorney's fees, arising by reason of or in connection
with the tournament. The Association will defend or settle any
matter relating to liability for personal or property injury.
8. The Association shall be fully responsible for and agrees to pay
the cost of all investigation, defense, legal fees and payment for
any settlements or judgments resulting from any complaint,
demand, claim or legal action encompassed by the foregoing
indemnity provided that Association is notified promptly in writing
of any such complaint, demand, claim, or legal action.
9. The Wiffle Ball, Inc. will control any matter relative to the validity,
enforceability or scope of the certification mark "Sanctioned
WIFFLE@ Tournament" and/or any of its trademarks and
trademark registrations.
10. The Wiffle Ball, Inc. will retain ownership and control over the
Certification Mark and all marks featuring the term WIFFLE used in
conjunction with the event.
11 . The Association will not seek to register as a trademark or
domain name the word WIFFLE, alone or in combination with any
other term, without a written license.
12. The Association will not use the Wiffle trademarks on
merchandise without written authorization from The Wiffle Ball, Inc.
13. This certification does not create a partnership or joint venture
between the parties and neither party shall have any power to
obligate or bind the other.
14. The Association shall act hereunder as an independent
contractor and shall not be deemed expressly or by implication to
be an agent, employee or servant of The Wiffle Ball, Inc. for any
purpose whatsoever.
15. The Association shall comply with all applicable state, federal
and local laws in connection with the Tournament and sale of
goods bearing the Certification Mark and The Wiffle Ball, Inc. shall
not be responsible for the consequences or any violation thereof.
The Association shall be responsible for all duties, tariffs, taxes,
reports, fees and other similar charges or requirements imposed
with respect to the sale by the Association of the Goods sold
under the Certification Mark.
16. Any dispute relating to these standards or this agreement will
be litigated in Connecticut and not elsewhere, and the association
agrees to Connecticut as a forum.
I„ understand and agree to the
Certification Standards as outlined above,
[ASSOCIATION]
BY
Name: ,� vM
Title:
Address: Z26 Y S
Please sign and mail this document to: The Wiffle Ball, Inc., at P.O. Box
193, Shelton, CT 06484. Retain a copy for your records.