GL.com and VKG haven't received anything....yet. i don't mind enforcement of copyright and trademarks and fully understand the view of the courts regarding consistent enforcement by a company (lack of consistent enforcement by a company greatly hurts their stance on all cases current and future), but it leaves me wondering if all of the other marques (domestic and foreign) actually spend the capital for a staff to go out hunting for potential violations or if they just enforce when it is recognized. i can even extend my understanding to where it impacts a manufacturer's potential revenues by parts retailers or wholesalers cutting against the manufacturer's/dealer's parts business and such, but VWoA has no more stake in the aircooled world within clubs and the likes. non-reputable aircooled repair shops and retailers/wholesalers are the only areas that could potential hurt their image. leave the damn hobbiests alone.
super, here is the verbage...
General Terms and Conditions
Domain Name:
As a general rule, an Enthusiast or Club will be granted limited permission to use no more than two Volkswagen trademarks in a domain name and on a single website. By way of example only, an acceptable enthusiast domain name would be
WWW.JOESVWBEETLE.COM, or an acceptable club name would be
WWW.AUBURNHILLSVWCLUB.COM. Impermissible names would be
WWW.VWBEETLE.COM OR
WWW.VWCLUB.COM. (Check out the distinction here: the permitted examples connect the trademark with the enthusiast or club. The impermissible examples look confusingly like US!) If you currently own a domain name that is acceptable to the program, you hereby agree to transfer the name to VWoAs domain name registry. If a new domain name is required, you agree to register the name through VWoAs registry.
Website:
A single* proper use of the encircled VW Logo on the homepage of each Website will be permitted following a statement reading:
Officially Licensed Volkswagen Enthusiast Website or,
Officially Licensed Volkswagen Club Website as appropriate.
In addition, you agree to use a legend in the following form at the bottom of the home page of the website and in the legal notice/copyright page of the website:
"This website (or club) is not affiliated with or endorsed by Volkswagen AG or Volkswagen of America, Inc. All Volkswagen trademarks herein are used under license from VWoA.
*By single use we mean that our logo should appear only once on a licensed sites homepage, and not, for example, as dozens of tiny logos in a background tile.
Quality Standards and Monitoring.
Because you will be using Volkswagen trademarks, everything you do will be a reflection on Volkswagen. We must insist, therefore, that you maintain the same high trademark quality standards that we maintain. VWoA and VWAG shall have the right to inspect your website at any time in order to insure that you are abiding by the provisions of the License. We reserve the right to revoke our permission at any time if in our view the quality of the website is insufficient or if the site contains pornographic or obscene materials; slanderous statements; material not associated with automobiles, automobile clubs, or automobile enthusiasts; advertising which is inconsistent with the Volkswagen brand; unlawful material, including but not limited to material that infringes any partys trademark or copyright rights, or any other type of material objectionable to VWoA or VWAG. (Were not trying to slam the door on your creative handiwork. However, if were going to grant someone a license to use our trademarks, we need to know that were giving it to a site that supports our brand values: friendly, different, original, honest, and approachable.)
Title.
You acknowledge that VWAG and VWoA are the owners of all of the Volkswagen word marks, as well as all Volkswagen logos and design trademarks used by or registered to them respectively. All rights to all Volkswagen trademarks and service marks including those specifically mentioned herein are reserved by VWAG and VWoA for the respective trademark owners use and benefit.
Liability and Indemnity.
Your license shall create no agency, joint venture relationship, or mutual responsibility on behalf of one party for the debts or liabilities of the other. You agree to indemnify, defend and hold VWAG and VWoA harmless from and against any third party loss, claim, damage or liability arising in any way from any content, conduct, or representations made on your website.
Term and Termination.
If your application is approved, VWoA will grant you permission to use specific trademarks for one year. This permission may be renewed on a yearly basis, in VWoA's sole discretion, assuming that your website has maintained the quality standards referenced above and abided by all use restrictions, and you pay the renewal fee for the domain name. VWoA may terminate this Agreement at any time without notice, and without liability, upon 24 hours prior written notice to you. You may terminate this Agreement upon ten days written notice to VWoA. Upon termination, you must immediately cease all use of the Volkswagen trademarks and service marks.
Nonassignability.
The permission granted shall not be assignable or transferable to any other party or entity without the prior express written permission of VWoA.
Nonexclusivity.
The permission is non-exclusive, and in granting it, VWoA neither confers on nor infers any rights in the trademarks to you.
Miscellaneous Provisions.
1. No alteration, modification, amendment, or other change of the License shall be binding on the parties unless it is in writing, approved and executed by VWoA.
2. Any notice or other communication pursuant to this License shall be in writing and shall be deemed to have been fully given or made when e-mailed with time/date stamp or mailed by certified mail, return receipt requested, whichever occurs earlier.
3. The License will be construed according to the laws of the State of Michigan, excluding the choice of law provisions. You consent to the exclusive jurisdiction of the state and federal courts for the County of Oakland, State of Michigan, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. You hereby consent to the jurisdiction of the Michigan courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
4. The License constitutes the entire agreement between you as the Licensee and VWoA as the Licensor, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and VWoA with respect to the subject matter of the License.
5. A printed version of these Terms and Conditions, the License, and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the License to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.