[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.]
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.
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:
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.
The Nottawaseppi Huron Band of the Potawatomi.
A duly enrolled member of the Nottawaseppi Huron Band of
the Potawatomi.
The Nottawaseppi Huron Band of the Potawatomi Tribal Seal
Use Act.
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.
The governing body of the Nottawaseppi Huron Band of the
Potawatomi established pursuant to Article IV of the Band's Constitution.
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.
Any person employed, in any capacity, by the Nottawaseppi
Huron Band of the Potawatomi government.
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.
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.
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.
Any individual, corporation, partnership, limited liability
company, business trust, association, or other entity.
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.
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.
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.
(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.
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.
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.
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;
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
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.
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.
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.
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.