Quality Standards of the Wally Wise Program

QUALITY STANDARDS OF THE WALLY WISE PROGRAM

REGISTERED TRADEMARK

Wally Wise is a trademark of the City of Deer Park, Texas, just like Mickey Mouse is a trademark of the Disney Corporation or the pink Energizer Bunny is a trademark of the Eveready Battery Company. Registered trademarks are images protected by federal law.

In Wally’s case, Deer Park’s Local Emergency Planning Committee (LEPC) paid for the original development and trademark registration of Wally’s name, artwork, and unique turtle costume design. Anytime that Wally’s image appears in print, it must be accompanied by either the _ or _ symbol next to the artwork. The optional notice “Wally Wise is a registered trademark licensed for use by (Member’s Name)” can be added at the bottom of the page when space permits.

EXCLUSIVE LICENSING RIGHTS

The Deer Park LEPC has the authority to grant licensing rights to other LEPCs, municipalities or organizations in order to maintain high quality control and effectively administer the Wally Wise Membership program.

Only licensed members of the Wally program are authorized to use or obtain and distribute authorized Wally merchandise and promotional materials. Members agree to the terms and conditions of their License Agreement and Quality Standards.

MEMBERSHIP FEE

Organizations pay a one-time fee of $295 to become a Wally member and receive a “starter kit” of Wally promotional materials. This fee is used by the Deer Park LEPC to expand and improve the Wally Wise program and for legal fees to protect the Wally trademark.

WALLY VENDORS

All Wally Wise artwork, costumes and merchandise must adhere to quality standards. Wally costumes, artwork, merchandise and additional promotional materials can be purchased by licensed members from vendors of their choosing, as long as the quality standards and guidelines for usage of the Wally program are followed. Why?

> to make sure Wally’s image is accurately reproduced,

> to maintain high quality of Wally promotional products, and

> to provide standard pricing of Wally merchandise and promotional materials to all Members

NAME

Members can choose either Wally Wise or Wally Wise Guy as the official name for their turtle mascot. Members cannot choose any other name or add to the name. (For example, adding the name of a commercial sponsor to Wally’s name is not permitted). Wally’s name can appear in print (in any font size or type) without the use of any _ or _ symbol after his name.

ARTWORK

Members who want to reproduce Wally’s image in their own brochures, posters, or other printed materials must adhere to approved Wally artwork using the graphic standards as prescribed by the Deer Park LEPC. Members cannot draw or design their own Wally artwork, or change the appearance or colors of Wally. Members can laser print or photocopy black and white approved artwork themselves, or select a local printer to reproduce the quantities required for use as coloring sheets. Before printing, ask your printer to provide an iris proof so you can verify Wally’s image and colors will be accurately reproduced. When in doubt, send the iris proof to the Deer Park LEPC for a free “quality control” check before printing.

COSTUME

Members are encouraged to purchase an official Wally costume from a vendor recommended by the Deer Park LEPC; the optional carrying case is highly recommended. This Wally costume vendor also produces character costumes for major league sports teams and amusement parks nationwide. Members cannot sew or design their own Wally costume, add to or modify the official costume, except to make minor repairs due to normal wear and tear. If major repairs or replacement is needed, contact the vendor directly. As a costumed character, Wally can gesture, wave, move, and even dance, but Wally never talks in public. His escort or spokesperson for the member delivers the “Shelter in Place” presentation. A complete set of Wally rules is provided by the Deer Park LEPC.

MERCHANDISE

Members can purchase approved Wally merchandise from vendors of their own choosing using the guidelines above and the approved PNG or JPG files provided by the Deer Park LEPC. Members can distribute Wally merchandise for free or at cost, but members cannot sell Wally merchandise for profit or for other commercial use.

PERMITTED USES

Wally can only be used as part of a member’s non-profit educational and public awareness campaign to promote “Shelter in Place” in case of a chemical release. Members cannot use Wally to promote commercial businesses or charitable causes, or to deliver other public safety messages (such as hurricane evacuation, fire protection, or traffic safety). Wally cannot appear in person, or on the same page of any printed material, or on any merchandise containing any other registered trademark, name or logo of any commercial business.

VIDEO PRESENTATIONS AND PUBLIC SERVICE ANNOUNCEMENTS

Members can feature their own Wally costume character to appear in locally produced videos or public service announcements (PSAs) to promote their local community warning system and “Shelter in Place” program. Members must send their proposed script to the Deer Park LEPC for a free “quality control” check before production.

TRADEMARK INFRINGEMENT

Violation of these quality standards and/or the license agreement may result in termination of Wally membership, destruction of all non-approved merchandise and promotional materials, and lawsuit for breach of contract, trademark infringement, and other causes.

Contact information: Angela Smith, Board Secretary/Treasurer - amsmith@deerparktx.org or 281-478-7247.