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Anti-Sweatshop and Licensing Polices
Effective July 1, 2010, The College at Brockport began a new policy in compliance with anti-sweatshop legislation established by SUNY for all campuses and their affiliates.
Regardless of the campus funding source used for payment (State, including IFR, DIFR and Sutra accounts, Brockport Auxiliary Service Corp (BASC), BASC Other Agency Accounts, BASC-College Support, Research Foundation, Brockport Foundation, Brockport Student Government (BSG), Procurement Card, etc.), all apparel and sports equipment purchases by any/all campus personnel will require vendors to complete and sign a Fair Labor Certification to ensure the product purchased was produced in a manufacturing plant that adheres to “fair labor standards in connection with working conditions, compensation, employee rights to form unions and the use of child labor”.
Apparel is defined as, but is not limited to, the following: academic regalia, lab coats, uniforms (including sports, gym, staff uniforms, school uniforms), shoes (including athletic shoes or sneakers), sweatshirts, t-shirts, caps and hats. Apparel that is rented from an outside source, however, is not affected.
Sports Equipment is defined as, but is not limited to, the following: balls, bats and all other goods/equipment intended for use by those participating in sports and games.
A Fair Labor Certification form must be completed and signed by the intended vendor for the intended product(s) PRIOR to the order being placed. Please request an original certificate with each transaction - blanket certificates or copies of previous certificates will not be accepted. Each certificate must minimanlly refer to the brand(s) and product(s) being purchased and supplied. If a vendor refuses or is unable to complete the form, the order cannot be placed and a new source for the product(s) must be determined.
Purchases of apparel and sports equipment that are placed directly by departments and then submitted to the funding source, such as BASC, for payment must include the Fair Labor Certificate completed and signed by the vendor before payment can be authorized. Failure to provide this required document with the payment request will result in personal liability for payment. For this reason, retail chain suppliers, such as WalMart and Target, should not be used for such transactions as it will be difficult, if not impossible, to obtain the required documents from such vendors.
Citibank VISA account holders are also required to obtain a Fair Labor Certificate from the vendor PRIOR to placing an order. These documents will be required during any/all audits conducted by the College, SUNY Administration and the Office of the State Comptroller. Failure to obtain this information may result in a mandatory reimbursement by the individual to the state account. Non-state funds will not be available.
USE OF CAMPUS TRADEMARKS & LOGOS
In addition to the new Anti-Sweatshop Policy, The College at Brockport implemented a policy related to the purchasing of products that are produced using The College at Brockport trademarks and logos. This policy will apply to any/all campus personnel utilizing any/all funding sources used for payment - State, including IFR, DIFR, and Sutra accounts, Brockport Auxiliary Services Corp (BASC), BASC-Other Agency Accounts, BASC-College Support, Research Foundation, Brockport Foundation, Brockport Student Government (BSG), Procurement Card - and is intended to protect the College’s image and trademark use.
All products that will be produced using a College at Brockport trademark or logo will require that the order be placed with a Certified Licensed Vendor that is managed by the Licensing Resource Group (LRG). This will include all apparel and promotional products – even those that do not require royalty payments. (Royalties are paid by vendors when a trademarked product is produced and then sold for a profit, e.g., bookstore products)
When using a Certified Licensed Vendor for apparel or sports equipment purchases, it will not be necessary to obtain a Fair Labor Certification since the vendor, in becoming licensed, has already agreed that all products sold to the College will meet fair labor standards. These vendors will also have access to approved trademarks and logos for the College. A list of current licensed vendors and products they are approved to sell with a logo is available at:
(Search “Brockport”, then click “view”)
This list should be consulted prior to each purchase since a vendor may decide to not renew their license or may add/delete product from the approved list and thus, no longer be eligible to produce product or a particular commodity with The College at Brockport trademarks and logos.
If a department wishes to create new artwork using a College trademark or logo or modify an existing one, a new design approval will be required by the campus Design and Production staff. Only Design and Production can authorize use of and release the new artwork to certified vendors.
Sample College trademarks and logos are as follows: Ellsworth (eagle), The College at Brockport seal (torch), “The College at Brockport”, “SUNY Brockport”, Golden Eagles athletic eagle, “Golden Eagles”.
In an effort to protect The College at Brockport name and its logos from inappropriate use, the following items are excluded from all licensing and may not be produced with any campus names, logos or other markings:
- Alcoholic beverages
- Tobacco and smoking products
- Certain food products
- Sexually oriented goods
- Health and skin care products
- Goods related to gambling, lotteries and sweepstakes
- Religious or burial goods
- Products of a political nature
- Goods that include names or pictures of current students (e.g., athletes)
- Services of any kind (e.g., moving companies, area entertainment programs or tour services)
- Goods making unfavorable reference to race, religion, sex, national origins or handicaps
- Sunglasses and certain sport/athletic equipment
- Products in “poor taste”, including bathroom products
With this new information, an effort has been made to reach existing vendors that have produced trademarked product for campus departments in the past. There may be vendors, however, that were not captured in this communication. If there is a vendor that should be notified of this policy change, please send the vendor information to Donna Napier, and the vendor will be notified.
A single order trademark license (SOL) may be issued, campus-wide, only one time to a non-certified vendor for items that meet the following qualifications:
The purchase must (1) originate from campus departments and/or organizations and (2) not be resold above cost or used for commercial promotional purposes. The following intended product uses may apply for single order licensing:
- Retail sale
- Sale to members of campus club/department at cost
- Sale to public
- Supply equipment for office or classroom
- Product promo or ad
Once a non-certified vendor is issued one single order license (SOL) for the campus, it must become a certified vendor to be considered for any future purchases that utilize campus trademarks or logos. An SOL must be issued before a campus department or organization may order products bearing names and marks of the campus. The department or organization, with assistance by the supplier, must provide the required license information and submit the SOL to the Campus Trademark Office (Procurement & Payment Services in conjunction with Design & Production) for approval to exempt the purchase from all royalty requirements and to confirm design compliance using TM (trademark) status. The following information, located on the Single Order Trademark License form, is required for the one-time license:
- origin of request;
- the product, with a brief description;
- the design, illustrating the campus names and marks to be used;
- the supplier and source of imprinting;
- the intended use of the product(e.g., resale, office, award); and
- acknowledgement (signature) by department head or officer
Once approved by the Campus Trademark Office, the Single Order License must be submitted to the vendor with the order. Upon acceptance of the order, the supplier agrees to the terms noted within the license. Only Design and Production can authorize use of and release artwork to SOL vendors.
A Fair Labor Certificate will, once again, be required for all apparel and sports equipment ordered using an SOL process. (See the Anti-Sweatshop Policy for these detailed requirements)
All campus entities will use the same forms to adhere to the above policies.