Wild Bird Feeding Industry
Members Logo use by non members
WILD BIRD FEEDING INDUSTRY

Policy on WBFI Logo Use by Non-Member Companies

In a Co-Packaging Arrangement With a WBFI Member Company


Adopted by the Board of Directors on

Friday, November 2, 2001

Revised by the Board of Directors on November 7, 2007


Minutes of March 2001:The opinion of legal counsel is that use of the mark is tied to the member. Pete advised that the WBFI will provide a limited use letter to be completed by the member company and copied to the WBFI office so the non-member company understands they may not take the WBFI logo somewhere else to use it in the event the relationship between the WBFI member and the company is terminated. If the WBFI logo is used, then either the WBFI member or the company has to pay the WBFI dues in order to maintain the right to use the WBFI logo on packages. Enforcement of these regulations will be the responsibility of the member. Non-member companies using the WBFI logo in this manner do not receive any membership rights or privileges. The prior version of the Policy was adopted by the Board of Directors on Friday, November 2, 2001.

Minutes of November 2007: Consensus of the Directors was that if a WBFI member company’s name is on the bag and the product is in national distribution, then the WBFI member should be classified as a national packer regardless of the packer’s branded product distribution. It was moved and seconded to design and provide a co-pack version of the WBFI membership logo that reads packaged by or manufactured by or distributed by for the convenience of the WBFI members. Motion passed.

Use of the WBFI membership logo in co-packing situation where the distributor is a member of the WBFI:
It was moved and seconded that the name of the company that is the WBFI member has to be on the bag. Following discussion, a show of hands voted was 3 in favor and 12 opposed to the motion. Motion failed.

Reason for this policy:
The WBFI logo is a registered Trademark under ownership and control of WBFI and is a privilege of WBFI membership. That privilege is being expanded by this policy as a benefit of WBFI membership in addition to those benefits outlined below.

Membership Responsibilities and Limitations:
The company providing the packaging service must be a current member of the WBFI at the appropriate level (local, regional, multi-regional, or national) for its proprietary business.

Under no circumstances are Associate Members entitled to offer the WBFI logotype to a Non-Member Company.

Membership Privileges:
The Member Company providing the packaging service receives all membership benefits and privileges accorded to Regular Members of the WBFI. In addition to rights to use the WBFI logo, there are many other benefits. These may include but are not limited to access to the Members Only section of the website, inclusion in the WBFI Membership Directory, participation in WBFI meetings, voting on issues submitted to the membership for decision, and any other rights and privileges accorded to Regular Members by the Board of Directors and the by-laws governing the WBFI.

The Non-Member Company receiving the packaging, manufacturing or distributing service enjoys no membership rights or benefits unless and until such time as the Non-Member Company joins the WBFI by submitting an appropriately completed application and remitting membership dues at the appropriate level for their proprietary business.

Policy on Use of the WBFI Logotype by a Non-Member Company:

1.The privilege of using the WBFI logotype by a Non-Member Company in a co-packaging, manufacturing or distributing arrangement with a WBFI member exists only as long as the WBFI member company packages, manufactures, or distributes product for the Non-Member Company.

2.The co-packaged, manufactured or distributed product must include the words Packaged by WBFI Member or Manufactured by WBFI Member or Distributed by WBFI Member above the WBFI logo to indicate a co-packaged product.

3.At no time nor under any circumstances does the right to show the WBFI logo on co-packaged, manufactured or distributed product transfer to or become the property of the Non-Member Company.

4.In the event the relationship between the Member Company and the Non-Member Company terminates, all rights to use the WBFI logo by the Non-Member Company also terminate and all packaging showing the WBFI logo must be destroyed or the Non-Member Company must join the WBFI at the appropriate level for their proprietary business.

5.Prior to instigating the use of the WBFI logo on co-packaged product, the Member Company must execute and provide a copy of a letter of limited use to the WBFI office. The form and content of the letter are attached and must be used in all circumstances unless prior permission has been given to the Member Company by the WBFI legal counsel.

6.The form of the use of the WBFI logo must be in compliance with the Style Guidelines dated January 19, 1990 as may be amended from time to time.

7.Enforcement of and compliance with all policies and statutes relative to the WBFI logo becomes the full responsibility of the Member Company.



THE FOLLOWING IS THE LETTER TO BE SENT ON THE WBFI MEMBER’S LETTERHEAD



(Date of Letter)

[Customer Name and Address]

Re: Packaging including Wild Bird Feeding Industry Logo

Dear __________:

We are pleased that you want the Wild Bird Feeding Industry logo included in the packaging for the product we are supplying you. We are proud of our membership in this Association and know that its logo has come to be associated in consumer's minds with quality products.

We do want to confirm that the rights to use the WBFI logo derive from our membership in the Association and packing, manufacturing or distributing by a WBFI member. In the event this relationship terminates, all rights to use the WBFI logo also terminate when existing packaging is used up, not to exceed 6 months.

We very much appreciate your business.

Sincerely,