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Trademark Use and Royalty Policy, Continued
(d) Member schools and licensed vendors that desire to reproduce any Trademarks must contact the IHSA to obtain high quality version(s) of the Trademark(s) to be reproduced. Trademarks shall not be obtained/reproduced from any other source, including, but not limited to, the IHSA’s website or other publications.
9. Special Limitations on Certain Trademarks. The use of the following Trademarks is subject to special restrictions and limitations as indicated below:
(a) MARCH MADNESS® This mark is required to be used on the front cover of all IHSA boys and girls basketball State Events Series and State Final Event programs. This mark may not otherwise be used unless specifically authorized in writing by the IHSA.
(b) AMERICA’S ORIGINAL MARCH MADNESS® This mark must be included on the cover, or elsewhere within all IHSA boys and girls basketball State Events Series and State Final Event programs. This mark may not otherwise be used unless specifically authorized in writing by the IHSA.
(c) MARCH MADNESS EXPERIENCETM This mark cannot be used unless specifically authorized in writing by the IHSA.
10. Royalty Payments -Printed Publications.
(a) A royalty equal to five percent (5%) of the gross advertising revenues generated in connection with any printed publications sold or distributed by a member school or licensed vendor at or in connection with any IHSA activity during the regular season or for any State Series Event will be due to the IHSA for any use of the Trademarks.
(b) Licensed vendors shall deliver a full accounting of revenues generated and make any royalty payments due to the IHSA by the earlier of: (i) 30 days after the date of the event for which the printed publications were sold or distributed, or (ii) June 30.
(c) Member schools shall deliver a full accounting of revenues generated and make any royalty payments to the IHSA when the school submits all financial reports for the respective State Series Event hosted, or within 30 days for regular season events.
(d) No royalty shall be owed where a member school prepares and distributes programs or other printed publications containing no ads or utilizing no Trademarks, with or without the involvement of any licensed vendor.
11. Royalty Payments- Merchandise.
(a) A royalty equal to eight percent (8%) of the gross revenue generated in connection with the sale of each item of merchandise by a member school or licensed vendor at or in connection with any IHSA activity during the regular season or for any State Series Event will be due to the IHSA for any use of the Trademarks. The royalty shall be paid to the IHSA by either the hosting member school or licensed vendor, whichever party is responsible for the first sale of each finished item, and based on the following:
13. Miscellaneous.
(i) Wholesale to Member School: Total amount charged by licensed vendor to member school for the finished merchandise,
(ii) Licensed Vendor Retail: Total amount charged by licensed vendor to customers for the finished merchandise, or
(iii) Member School Created: Total amount paid by the member school to vendor(s) for the unfinished merchandise item, together with any amounts paid for printing.
(b) Licensed vendors shall deliver a full accounting of revenues generated and make any royalty payments due to the IHSA by the earlier of: (i) 30 days after the date of the event for which the merchandise was sold or distributed, or (ii) June 30.
(c) Member schools shall deliver a full accounting of revenues generated and make any royalty payments to the IHSA when the school submits all financial reports for the respective State Series Event hosted, or within 30 days for regular season
events.
(d) No royalty shall be owed: (i) for merchandise used by the host school for floor, bench and/or other officials, or (ii) for the
application of lettering or numerals to merchandise items for all levels of competition below State Final Events.
12. Royalty Payments- Other. Any proposed uses of the Trademarks not otherwise addressed herein (e.g., audio-video production,
etcetera) shall be presented to the IHSA in writing and dealt with on a case-by-case basis.
(a) It shall be the responsibility of the member schools to refer third parties wishing to become licensed vendors to the IHSA for consideration.
(b) The IHSA shall prepare and distribute to member schools a listing of licensed vendors on a regular basis.
(c) The enforcement of this Policy shall be the responsibility of each member school in conjunction with the IHSA. The collection of the revenue required pursuant to this Policy shall be the responsibility of the IHSA via, as appropriate, the member school or licensed vendor. Forms for the accounting of all royalties due will be provided by the IHSA and must be used by the member school or licensed vendor. All contracts and agreements shall be for the benefit of the member school, tournament event host and IHSA, whether or not any of the foregoing is specifically named in the contract or agreement. The IHSA may enforce this Policy for itself and on behalf of any member school or tournament event host as
IHSA may elect in its sole discretion.
(d) Selection of a member school to host a particular State Series Event shall be conditioned, in part, upon such member
school’s agreement to comply with and enforce this Policy. Failure to enforce this Policy by any member school may
disqualify such member school from eligibility to host future State Series Events.
(e) This Policy may be revised as deemed necessary by the IHSA. Any such revisions shall be binding on all member schools
upon the publication of same by the IHSA.
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