1.20.240 Use of Tribal Logo Under License Agreement.
(1) Any person or entity other than those listed in STC 1.20.220 who wants to use the tribal logo for any purpose must obtain a license from the Tribal Council authorizing the use.
(2) To obtain a license for the use of the tribal logo, the person or entity must submit an application for a license to the Tribal Council.
(a) The application for a license for use of the tribal logo must be in writing and contain all of the following:
(i) Applicant’s legal name or business name;
(ii) Applicant’s address at which service of process can be made;
(iii) Applicant’s telephone number and email address;
(iv) An explanation of the proposed use of the tribal logo, including a sample of the item or product if available;
(v) A statement of whether the applicant intends to use the logo for a commercial purpose and if so, the applicant’s anticipated revenue from such use;
(vi) A statement that the applicant will abide by the branding guidelines provided;
(vii) A sworn statement that the information contained in the license application is a true and accurate statement.
(b) An applicant for a license must submit the written license application to the Tribal Council Secretary either by:
(i) Delivering the application to the Tribal Administration Office during regular business hours; or
(ii) Mailing the license application postage prepaid to the Tribal Council Secretary at the Tribal Administration Office.
(c) Any applications submitted that are incomplete or fail to have the sworn statement will be returned to the applicant and no action will be taken until the application is completed.
(d) The Tribal Council may adopt a standardized license application form and make it available at the Tribal Administrative Office.
(3) The Tribal Council will review each application for use of the tribal logo within 30 days of its receipt at the Tribal Administration Office and decide whether to issue the license for use and any limitations on the use of the tribal logo pursuant to such license.
(4) The initial term of any license issued pursuant to this chapter will be two years and may be renewed for an additional two years at the request of the licensee.
(5) The Tribal Council’s decision on whether to grant a license is the final decision on such application and not subject to further review by any court or other entity.
(6) All licenses issued pursuant to this chapter will contain the following statement: “This License is issued pursuant to the laws of the Samish Indian Nation and is subject to enforcement in the Samish Tribal Court. The Samish Indian Nation reserves the right to revoke this license based upon violation of the approved use of the Logo.”
(7) The Tribal Council may revoke a license issued pursuant to this chapter based upon clear and convincing evidence that the licensee has violated the terms of the Tribe’s license; provided, that prior to revoking the license:
(a) Notice of Violation.
(i) The Tribal Council must send the licensee a written notice mailed by certified mail return receipt requested which details the alleged violation of the license and the facts supporting the allegations.
(ii) The notice must also state that the licensee has an opportunity to request a meeting within seven business days of the receipt of the notice with the Tribal Council to provide information and evidence that the violation has not occurred.
(b) Opportunity to Respond to Violation.
(i) A licensee requesting a meeting with the Council to dispute the violation must send or deliver a written notice to the Tribal Council Secretary delivered to the Tribal Administration that s/he wishes to schedule a meeting to present information and evidence to dispute the alleged violation.
(ii) The licensee may choose to submit a written response to the alleged violation and not request a meeting with the Tribal Council. If the licensee chooses to submit a written response to the notice, the response must be delivered to the Tribal Council Secretary at the Tribal Administrative Office within seven business days of receipt of the notice.
(iii) Upon a receipt of a request for a meeting with the Tribal Council to contest the allegations of a violation, the Council will promptly schedule a meeting with the licensee. At the meeting, the licensee shall submit information to dispute the allegations and respond to questions from the Tribal Council. The meeting will be scheduled for one half of an hour. At the conclusion of the meeting, the Tribal Council will meet in executive session to decide whether to revoke the license and will issue its decision in open session. The Tribal Council Secretary will notify the licensee in writing of the decision within three days of the meeting. [Res. 2020-04-009 § 2, 2020.]