Nottawaseppi Huron Band of the Potawatomi, MI Chapter 1.4 Tribal Seal Use

[HISTORY: Adopted by the Tribal Council of the Nottawaseppi Huron Band of the Potawatomi 4-16-2015 by Res. No. 04-16-15-07. Amendments noted where applicable.]

§ 1.4-1 Title; findings; purpose; authority.

A. Title. This code shall be known as the "Nottawaseppi Huron Band of the Potawatomi Tribal Seal Use Code."

B. Findings. The Nottawaseppi Huron Band of the Potawatomi Tribal Council finds that the Nottawaseppi Huron Band of the Potawatomi Name and Nottawaseppi Huron Band of the Potawatomi Seal are symbols of the authority and sovereignty of the Nottawaseppi Huron Band of the Potawatomi and are valuable assets of the Band.

C. Purpose. It is the intent of this code to:

(1) Control all uses of the Nottawaseppi Huron Band of the Potawatomi Seal and Nottawaseppi Huron Band of the Potawatomi Name to ensure appropriate use;

(2) Authorize Nottawaseppi Huron Band of the Potawatomi citizens to use the Nottawaseppi Huron Band of the Potawatomi Seal and Nottawaseppi Huron Band of the Potawatomi Name for personal, noncommercial purposes;

(3) Provide standards and procedures for the authorization of acceptable uses of the Nottawaseppi Huron Band of the Potawatomi Seal and Nottawaseppi Huron Band of the Potawatomi Name; and

(4) Provide for licensing of the Nottawaseppi Huron Band of the Potawatomi Seal and Nottawaseppi Huron Band of the Potawatomi Name in accordance with this Act to enable the Band to share in the economic benefits derived from the commercial use of its Seal.

D. Authority. In accordance with the duties and powers of the Tribal Council in Article VI, Section 1, Subsections (a), (f), and (h), of the Band's Constitution and the inherent authority of the Band as a sovereign tribal nation to provide for the health, safety, and welfare of the Nottawaseppi Huron Band of the Potawatomi, the Tribal Council hereby adopts this Nottawaseppi Huron Band of the Potawatomi Tribal Seal Use Code.

§ 1.4-2 Definitions.

The following terms, whenever used or referred to in this code, shall have their respective meanings stated below, which shall apply regardless of whether such terms are used in their singular or plural form:

APPOINTED OFFICIAL

Any person who occupies a Nottawaseppi Huron Band of the Potawatomi governmental office or position, whether compensated or voluntary, and who was appointed to said office or position by the Tribal Council or any other governing body of the Band with appointment authority.

BAND or NOTTAWASEPPI HURON BAND OF THE POTAWATOMI

The Nottawaseppi Huron Band of the Potawatomi.

BAND MEMBER or NOTTAWASEPPI HURON BAND OF THE POTAWATOMI CITIZEN

A duly enrolled member of the Nottawaseppi Huron Band of the Potawatomi.

CODE

The Nottawaseppi Huron Band of the Potawatomi Tribal Seal Use Act.

COMMERCIAL USE

Use of the Nottawaseppi Huron Band of the Potawatomi Name or Seal for any promotional or financial gain; provided, however, that this shall not include any use for official government business.

COUNCIL or TRIBAL COUNCIL

The governing body of the Nottawaseppi Huron Band of the Potawatomi established pursuant to Article IV of the Band's Constitution.

ELECTED OFFICIAL

Any person occupying a Nottawaseppi Huron Band of the Potawatomi elective governmental office or position, whether such person was appointed by the Tribal Council or elected by Nottawaseppi Huron Band of the Potawatomi members or a specified segment thereof, and whether said office or position is compensated or voluntary.

EMPLOYEE

Any person employed, in any capacity, by the Nottawaseppi Huron Band of the Potawatomi government.

NOTTAWASEPPI HURON BAND OF THE POTAWATOMI NAME or NAME

Includes "Nottawaseppi Huron Band of the Potawatomi," which is the name used in federal law and Nottawaseppi Huron Band of the Potawatomi law to confirm the identity of the Nottawaseppi Huron Band of the Potawatomi as a sovereign, federally recognized Indian tribe, and also includes "Nottawaseppi Huron Band of the Potawatomi Indians," "NHBP" and "NHBPI," all of which are the names under which the Nottawaseppi Huron Band of the Potawatomi is known and conducts official government business.

NOTTAWASEPPI HURON BAND OF THE POTAWATOMI SEAL or SEAL

The Seal of the Nottawaseppi Huron Band of the Potawatomi, used in any form (embossed, displayed, printed, physical representation, electronic representation, or any other reproduction) as described in § 1.4-3 of this chapter.

OFFICIAL GOVERNMENT BUSINESS

Use of the Nottawaseppi Huron Band of the Potawatomi Name or Nottawaseppi Huron Band of the Potawatomi Seal by an elected official, appointed official or an employee of the Nottawaseppi Huron Band of the Potawatomi if and to the extent said use is within the scope of their official duties.

PERSON

Any individual, corporation, partnership, limited liability company, business trust, association, or other entity.

§ 1.4-3 Nottawaseppi Huron Band of the Potawatomi Seal.

A. Description of Nottawaseppi Huron Band of the Potawatomi Seal. The Official Seal consists the graphical representation of the Turtle (Mshiké) as described in section 3.02 of this chapter, together with the primary wordmark "Nottawaseppi Huron Band of the Potawatomi" and secondary wordmark "A Federally Recognized Indian Tribal Government" presented in the stacked format set forth in section 3.02 of this chapter.

B. Graphical representation of Nottawaseppi Huron Band of the Potawatomi Seal. The following is a graphical representation of the Nottawaseppi Huron Band of the Potawatomi Seal in full color:

C. Meaning of Nottawaseppi Huron Band of the Potawatomi Seal. The Nottawaseppi Huron Band of the Potawatomi Seal includes both the graphical representation of the Turtle (Mshiké) and the primary and secondary wordmarks described in § 1.4-3A and B of this chapter. The graphical representation of the Turtle (Mshiké) was created to represent the different clans and where the Nottawaseppi Huron Band of the Potawatomi people are from. The head of the Mshiké is shaped like Michigan, where the Nottawaseppi Huron Band of the Potawatomi people are from. The seven circles represent the Seven Grandfather Teachings. The Mshiké also includes teal lines through the back which represent the "H" in Huron. The circular back of the Mshiké represents the medicine wheel and was made with many lines to signify the many different teachings of the medicine wheel. The other rings inside the Mshiké are parts of the environment, like the sun and flowers and also characterize the people themselves. The triangles are a form of applique, which is a piece of Potawatomi culture.

§ 1.4-4 Authorized uses.

A. Official government business. The Nottawaseppi Huron Band of the Potawatomi Seal and Nottawaseppi Huron Band of the Potawatomi Name may be used for official government business of the Nottawaseppi Huron Band of the Potawatomi.

B. Personal use by Band members. The Nottawaseppi Huron Band of the Potawatomi grants to all Nottawaseppi Huron Band of the Potawatomi members a nonexclusive, limited, nontransferable, nonassignable, revocable license to use the Nottawaseppi Huron Band of the Potawatomi Seal and Nottawaseppi Huron Band of the Potawatomi Name solely for their personal, noncommercial use in accordance with this code.

C. Miscellaneous uses.

(1) The Nottawaseppi Huron Band of the Potawatomi Name and Seal may be used:

(a) For illustrative purposes by the news media if the reproduction by the news media is incidental to the publication or the broadcast; and

(b) In proposals sent to the Band in response to solicitations issued by the Band.

(2) The Nottawaseppi Huron Band of the Potawatomi Name may be used for any noncommercial purpose that cannot reasonably be considered to serve as or suggest that:

(a) The Nottawaseppi Huron Band of the Potawatomi endorses a product or service; or

(b) A person, group of persons, or an entity is part of or associated by law with the Nottawaseppi Huron Band of the Potawatomi, except as expressly authorized by Nottawaseppi Huron Band of the Potawatomi law or by the Tribal Council.

D. License requirement. Except for the authorized uses provided in § 1.4-4A, B and C, no person shall use, manufacture, sell, reproduce, copy, or colorably imitate, in any manner, the Nottawaseppi Huron Band of the Potawatomi Seal or the Nottawaseppi Huron Band of the Potawatomi Name without a duly granted license under an agreement meeting the requirements of § 1.4-7 of this chapter.

§ 1.4-5 Prohibited uses.

The Nottawaseppi Huron Band of the Potawatomi Seal shall not be used:

A. In any manner that implies endorsement or alliance by the Nottawaseppi Huron Band of the Potawatomi of the product or service utilizing the Nottawaseppi Huron Band of the Potawatomi Seal, unless the use is official government business, or is specifically permitted by a duly approved license;

B. By political parties, candidates for elective office, or in association with any political issue, unless the use is official government business; and

C. For a characterization used in a political cartoon.

§ 1.4-6 Requirements for use and reproduction of Seal and Name.

A. Consistency of the Seal. The Nottawaseppi Huron Band of the Potawatomi Seal shall not be altered, manipulated, edited, or redesigned in any way, including but not limited to the proportions, colors, or elements of the Seal. The Seal as a whole may be reduced or enlarged, provided that it maintains its proportions, colors, and elements. No mark, insignia, letter, word, figure, design, picture, or drawing of any nature shall be placed upon any part of the Nottawaseppi Huron Band of the Potawatomi Seal.

B. Quality. The Nottawaseppi Huron Band of the Potawatomi Seal shall not be used in any way that tarnishes, blurs, or dilutes the Nottawaseppi Huron Band of the Potawatomi Seal.

C. Exceptions for official government business and personal, noncommercial use by citizens. Sections 1.4-6A and B notwithstanding, the Seal may be reproduced in black and white for official government business or personal, noncommercial use by an enrolled member of the Nottawaseppi Huron Band of the Potawatomi, or pursuant to a license that permits the reproduction of the Seal in black and white for noncommercial purposes; provided, however, that to the fullest extent practicable, all uses of the Seal shall, to the fullest extent possible, be in color. All uses or variations of the Nottawaseppi Huron Band of the Potawatomi Seal shall be consistent with the standard set forth in the official Branding Policy and Guidelines Governing the Use of the Government Seal in Connection with Government Communications and Commercial Uses, as the same may be amended from time to time by the Tribal Council.

D. Obtaining copies of the Nottawaseppi Huron Band of the Potawatomi Seal. All copies, electronic or otherwise, of the Seal for uses authorized in this Code shall be obtained from the Director of Communications and Public Relations or such other elected official or employee the Tribal Council may designate in writing.

E. Consistency of the Nottawaseppi Huron Band of the Potawatomi Name. When displaying the Nottawaseppi Huron Band of the Potawatomi Name, the preferred font is the Luxury Gold font and to the fullest extent practicable, all displays of the Nottawaseppi Huron Band of the Potawatomi Name shall utilize the Luxury Gold font. If the secondary wordmark "A Federally Recognized Indian Tribal Government" is used, the preferred font is Frutiger.

§ 1.4-7 License application and review.

A. Requests for license. All requests for a license to use the Nottawaseppi Huron Band of the Potawatomi Seal or the Nottawaseppi Huron Band of the Potawatomi Name shall be in writing, on a form supplied by the Nottawaseppi Huron Band of the Potawatomi, and addressed to the Director of Communications and Public Relations.

B. License application fee. All requests for a license to use the Nottawaseppi Huron Band of the Potawatomi Seal or the Nottawaseppi Huron Band of the Potawatomi Name regarding any use for which a license is required under § 1.4-4D chapter shall be accompanied by an application fee. The Tribal Council shall, by resolution, establish and may periodically adjust the amount of the application fee.

C. Required information. The license application shall require, at a minimum, the following information from all license applicants:

(1) The applicant's name;

(2) The applicant's address;

(3) The applicant's telephone number;

(4) Whether the proposed use is commercial or noncommercial in nature;

(5) A description of the applicant's business or the event at which the applicant is seeking to use the Seal or the Name;

(6) A detailed description of the proposed use that identifies the manner, purpose, and place of use, the manner of distribution of the item, the manner in which the item is to be advertised or promoted, and the manner in which the Seal, the Name, or both would be displayed;

(7) The proposed duration of use of the Nottawaseppi Huron Band of the Potawatomi Seal or Nottawaseppi Huron Band of the Potawatomi Name;

(8) A preproduction sample of the item, or at a minimum, a photograph, or detailed sketch of the item demonstrating the proposed use of the Seal or Name;

(9) If the proposed use is commercial in nature, the applicant shall provide the information concerning the factors set forth in Subsection G(1)(a), the proposed pricing of the item, and the proposed royalty payment.

D. Tribal Council review of application. The Tribal Council shall endeavor to review all completed license applications within twenty (20) days of their submission. In determining whether to grant or deny a request for a license, the Tribal Council shall consider the information provided by the applicant and shall apply the following standards:

(1) Whether the proposed use will enhance the image of the Nottawaseppi Huron Band of the Potawatomi;

(2) Whether the dignity of the Nottawaseppi Huron Band of the Potawatomi through the proposed use of the Seal or Name may be compromised if a license is granted;

(3) Whether the proposed use of the Seal or Name is consistent with the terms of this code; and

(4) If the proposed use is a commercial use, whether the proposed royalty payment is acceptable considering the factors set forth in Subsection G(1)(a).

E. Council decision regarding license application.

(1) All decisions by the Nottawaseppi Huron Band of the Potawatomi Tribal Council concerning the granting of or denial of a license shall be final.

(2) A written letter of approval or denial from the Chairperson, or the Chairperson's designee, shall be sent to the applicant via first-class mail within seven (7) business days of the Council's determination.

(3) If the Tribal Council approves the license application, the applicant shall be granted a license, which shall, at a minimum, contain the provisions provided in Subsection F of this section.

F. License requirements. The license agreement shall, at a minimum, conform to the following requirements:

(1) The license shall be limited, nonexclusive, and nontransferable;

(2) The initial term of the license shall be a period of not more than three (3) years, commencing on the day the license agreement is executed. No license or license agreement may grant perpetual use rights. No use of the Seal or Name by the licensee may occur except during the term of the license agreement;

(3) The license agreement shall contain a provision for a royalty payment consistent with Subsection G of this chapter;

(4) The licensee shall provide, prior to commencing production, a production sample to the Director of Communications and Public Relations. The Director of Communications and Public Relations shall have the right to object to the use within fifteen (15) business days of the Band's receipt of the sample if the sample does not conform with this code, the description provided in the licensee's license application, or the terms of the license agreement;

(5) If the Director of Communications and Public Relations objects to the proposed use pursuant to Subsection F(4), the licensee may not proceed with the proposed use until a sample is made to conform with this code, the description provided in the licensee's license application, and the terms of the license agreement, as explained by the Director of Communications and Public Relations in writing. After receiving the Director of Communications and Public Relations' written explanation regarding the nonconforming use, the licensee shall provide a conforming sample to the Director of Communications and Public Relations and shall not proceed with production without the Director of Communications and Public Relations' written approval;

(6) The licensee shall submit to Director of Communications and Public Relations a copy of each distinct advertisement or promotional material containing the Nottawaseppi Huron Band of the Potawatomi Seal or the Nottawaseppi Huron Band of the Potawatomi Name. The Director of Communications and Public Relations shall have the right to object to the use within fifteen (15) business days of the Band's receipt of the sample if the sample does not conform with this code, the description provided in the licensee's license application, or the terms of the license agreement;

(7) If the use is a commercial use, the Nottawaseppi Huron Band of the Potawatomi shall have the right to inspect production and financial records relating to the commercial use of the Nottawaseppi Huron Band of the Potawatomi Seal;

(8) The license agreement shall include all required guidelines and limitations regarding the advertising or promotion of the item;

(9) Unless expressly provided in the license agreement, the Nottawaseppi Huron Band of the Potawatomi Seal may not be used in any manner or otherwise associated with any advertising or promotion that may reasonably be considered to serve as or suggest that the Nottawaseppi Huron Band of the Potawatomi endorses the product or service, and the licensee must explicitly and prominently state that the product, service, or event is not sponsored or endorsed by the Nottawaseppi Huron Band of the Potawatomi;

(10) The item may indicate that it is an officially licensed product or service of the Nottawaseppi Huron Band of the Potawatomi;

(11) The grant of the license is contingent upon the licensee's continued compliance with this code throughout the term of the agreement;

(12) The Nottawaseppi Huron Band of the Potawatomi may terminate the license agreement, if it determines that the licensee provided any materially false or misleading information in the license application; and

(13) The licensee acknowledges the Nottawaseppi Huron Band of the Potawatomi's sole and exclusive ownership of the Nottawaseppi Huron Band of the Potawatomi Seal and the Nottawaseppi Huron Band of the Potawatomi Name and shall not take any action inconsistent with such ownership. The licensee shall not, during the term of the license agreement, or thereafter, challenge or in any way infringe upon the rights of the Nottawaseppi Huron Band of the Potawatomi in the Nottawaseppi Huron Band of the Potawatomi Seal or the Nottawaseppi Huron Band of the Potawatomi Name.

G. Royalty payment. When a licensee is making commercial use of the Nottawaseppi Huron Band of the Potawatomi Seal or the Nottawaseppi Huron Band of the Potawatomi Name, the license agreement shall contain a royalty payment to the Band, consistent with the criteria set forth below; provided, however, that if the licensee is a governmental instrumentality of the Nottawaseppi Huron Band of the Potawatomi proposing to use the Seal or the Name for commercial purposes, the Band may, in its sole discretion, waive the requirement for a royalty payment. There shall be no royalty payment if the intended use of the Seal or Name is for noncommercial purposes.

(1) Factors to consider in establishing the royalty payment. When establishing the royalty payment, the Tribal Council shall consider the following factors:

(a) The nature of the product or service;

(b) The market in which the product or service will be sold;

(c) The market presence of the licensee;

(d) The licensee's plans and commitments to the product or service;

(e) The licensee's experience with this type of product or service;

(f) The projected volume of sales;

(g) The current average profit margin in the industry regarding the sale of similar items, if available;

(h) The current average royalty rate in the industry regarding the sale of similar items, if available; and

(i) Whether the licensee is a Nottawaseppi Huron Band of the Potawatomi member or an entity that is majority-owned by a Nottawaseppi Huron Band of the Potawatomi member.

(2) Due date. The royalty payment may be either an upfront royalty payment, a quarterly royalty payment, or both. For royalty payments that are not due upfront, the due date of the royalty payment shall be thirty (30) days following the end of each quarter during the term of the license agreement.

§ 1.4-8 Violations and penalties.

A. Criminal violations. Any Indian person who knowingly and intentionally violates this code shall be guilty of a crime and shall be subject to a maximum fine of $5,000 or one (1) year imprisonment, or both. Each day during which such violations continues shall constitute a separate violation of this code.

B. Civil violations. Any person who knowingly and intentionally violates this code shall be liable for a civil fine not to exceed $5,000. Each day during which such violation continues shall constitute a separate violation of this code. The amount of any such civil fine may be recovered in a civil action in the Tribal Court. All civil fines accruing under this code shall be cumulative, and a suit for the recovery of one fine shall not bar or affect the recovery of another fine, judgment, penalty, forfeiture, or damages, nor bar the power of the Tribal Court to punish for contempt, nor bar any criminal prosecution.

C. Property seizure. All property bearing reproductions of the Nottawaseppi Huron Band of the Potawatomi Seal or using the Nottawaseppi Huron Band of the Potawatomi Name in violation of this code and all funds derived from the sale of such property shall be subject to seizure by order of the Nottawaseppi Huron Band of the Potawatomi Tribal Court.

§ 1.4-9 Repeal of conflicting laws; severability.

A. Repeal of conflicting laws. All other laws, regulations, and policies that may be inconsistent with or in conflict with this code are hereby repealed.

B. Severability. If any chapter, section, subsection, paragraph, sentence, phrase or other portion of this code is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion of this code shall be deemed to be separate, distinct, and independent from the remaining portion of this code, which shall not be affected by such judicial decision and shall remain in effect.