STATE OF SOUTH DAKOTA VIETNAM WAR MEMORIAL DEDICATION LOGO APPLICATION APPLICATION FOR USING OR LICENSING THE OFFICIAL LOGO   State of South Dakota Vietnam War Memorial Logo(s) CRITERIA FOR USE and FEE/ROYALTY SCHEDULE: The South Dakota Vietnam War Memorial Dedication Logo (s) is available to vendors in four (4) versions: 1) The “text only” logo in black and white displays the South Dakota script typestyle over the words “VIETNAM WAR MEMORIAL” in a stencil font, with the date “September 15-16, 2006” below; 2) The “text with eagle” logo is a 4-color process image featuring the same South Dakota script and stencil text as the “text only” logo minus the date, backed with a waving American flag across the entire logo and silhouette of an eagle in flight in the lower left-hand corner.  While the text for this logo is crisp black, the background and graphics are muted with pale olive/yellow wash; 3) The “horizontal” logo is an extended version of the “text with eagle” logo and contains the same elements with the addition of a full-size rendering of the statute in neutral tones on the right-hand side of the script and stencil text; and 4) The “tags with no eagle” logo is a 4-color process image displaying a muted olive/yellow background with a silver dog tag prominently displayed at an angle in the lower left-hand corner behind the South Dakota script and stencil text of “VIETNAM WAR MEMORIAL”. Applicants may not alter any design in any way except as described below: a.) to add the word “Dedication” in the same typestyle and color, b.) to add the words “Pierre, South Dakota” in the same typestyle and color, and/or c.) to add the numbers or words which describe the dedication dates of September 15 & 16, 2006, or just September 16, 2006, in the same typestyle and color. Black and white reproductions of any version(s) used by the media are permitted provided that they are not used in conjunction with product promotions or sales, unless the person or company advertising those sales is a licensed vendor of the South Dakota Vietnam War Memorial Dedication Logo products. All users of the logo(s) must complete the application form which must be reviewed and approved by the Vietnam War Memorial Logo Selection Committee. One application form per logo to be used per product is necessary.  If approved, all users must execute a licensing agreement with the State. Any rendering of the logo(s) which are not accurate will be denied. Any rendering of the logo(s) or products on which the logo(s) is displayed which are considered lewd, undignified, distasteful, immoral or inappropriate will be denied. The use of the logo(s) design will not be approved on undergarments, except for T-shirts. Applicants are reminded that the South Dakota Vietnam War Memorial Dedication Logo (s) is intended to honor and dignify South Dakota Veterans and as a commemorative design for visitors to the Memorial or Pierre, South Dakota. Any use which may be counterproductive to these efforts will be denied. The Vietnam War Memorial Logo Selection Committee reserves the right to waive fees or royalties, depending on the use of the logo and potential donations to the Committee for the Memorial, at its sole discretion.  The Committee further reserves the right to license certain products as the “official” or “exclusive” product, at its sole discretion.  The Committee further reserves the right to permit certain sponsors of the event to use the logo in an appropriate fashion in their advertising, promotion or product giveaways.  Any interpretation required of this application or the agreement will be made exclusively by the Vietnam War Memorial Logo Selection Committee. APPLICATION FEE AND ROYALTY SCHEDULE: Retailers $100 application fee + $1.00 per item royalty assessment for each item sold.  The application fee is deductible from the total of the $1.00 per item assessments of the total sales. (NOTE: Retailers selling approved items after acquiring them from a licensed wholesaler are not required to make a separate application for the logo use or to pay the additional $100 application fee, but are expected to display the licensing agreement at the point of sale and to pay to the State the $1.00 per item royalty assessment for each item sold, through the wholesaler or directly to the State.) Wholesalers $100 application fee +$1.00 per item royalty assessment for each item sold.  The application fee is deductible from the total of the $1.00 per item assessments of the total sales. (NOTE: Licensed wholesalers agree to accept the responsibility of supervising the appropriate and licensed use of the logo by their retailers, display of the Logo Use Agreement at the point of sale, and to provide a list of their vendors to the State to collect the $1.00 per item assessment of total sales made at the retail level, also.) Non-Profit $ 50 application fee + $1.00 per item royalty assessment for each item sold.  The application fee is deductible from the total of the $1.00 per item assessments of the total sales. Personal Use $ 50 application fee Media Use Open authorization unless used as advertising for private company.

Once approved by the Committee, the applicant must execute a licensing agreement which must be displayed by retailers, wholesalers, and non-profit organizations while sales occur.  The licensed vendor may use the following phrase if they elect to use it: “A portion of the cost of this item is used to support the South Dakota Vietnam War Memorial Dedication.”  The Logo Selection Committee reserves the right to audit the financial/sales records of logo products at any time to determine accountability for logo sales.  The applicant understands that it will receive a reporting form from the State prior to the dedication event, and agrees to submit it to the State within 30 days following the event, if not before. The Logo Selection Committee may waive the application fee and royalty, or change the financial reporting of the approved vendor, at its sole discretion.   To successfully complete the form below, simply fill out all required information fields that are marked in Bold Red with an asterisk (*) they must be filled out and in the right format to successfully submit. Please use the examples provided below. By clicking "Submit" to electronically send this information, you are in agreement that you are at least 18 years of age, the information provided is correct to the best of your ability, that you have the authority to enter into this agreement on behalf of your company or the applicant, and that you understand and agree to these conditions.   *Company/Applicant Name:   Note: Put your Company's name in the above field. *Company Contact Name:   Note: Put your first and last name in the above field.   *Company/Applicant Address 1:    Company/Applicant Address 2:   *City:                   State:                          Zip Code:   *South Dakota Sales Tax License Number:    *The above named applicant/company hereby makes application for use of the South Dakota Vietnam War Memorial Dedication Logo(s) on:  (Prepare a complete description of the product to be sold, given away, vended, or displayed. Provide this information directly below. 4000 Character limit, you may paste from your document in this field).     *Will the product be sold: Yes_____     No _____  *Retail Price:   Note: If you answered "No" to "*Will the product be sold" question, enter "0.00" otherwise the retail price amount. *Wholesale Price:   Note: If you answered "No" to "*Will the product be sold" question, enter "0.00" otherwise the wholesale price amount.   *Where will the product be sold? (retail store. booth, other)   Note: If you answered "No" to "*Will the product be sold" question, enter "N/A" in this field.   *Anticipated event sales:   Note: If you answered "No" to "*Will the product be sold" question, enter "0.00" otherwise the anticipated event sales amount. *Anticipated annual sales:   Note: If you answered "No" to "*Will the product be sold" question, enter "0.00" otherwise the anticipated event sales amount.   I certify that I have read, understand, and agree to the conditions specified in the criteria for use and sales of the South Dakota Vietnam War Memorial Dedication Logo (s). I understand that I will receive a reporting form from the State prior to the event, which must be submitted to the address below, within 30 days following the completion of the event, if not before.  I agree to pay the State of South Dakota a royalty as described in a separate licensing agreement. Royalty payments by certified check, bank draft or money order will be made to: Bureau of Administration, State of South Dakota, 500 East Capitol Avenue, Pierre, SD 57501-5070. I, _______________________________________ agree to the terms specified herein Once approved by the Committee, the applicant must execute a licensing agreement which must be displayed by retailers, wholesalers, and non-profit organizations while sales occur.  The Logo Selection Committee reserves the right to audit the financial/sales records of logo products at any time to determine accountability for logo sales.  The Logo Selection Committee may waive the application fee and royalty, or require earlier financial reporting to the State, at its sole discretion.

Any questions may be directed to: Julie M. Johnson, Legal Counsel, South Dakota Vietnam War Memorial Dedication Committee, 605.773.6850, juliem.johnson@state.sd.us.