Web Site Development and Maintenance Policy Harley-Davidson Motor Company’s Web Site Development and Maintenance Policy for Dealers and Distributors Harley-Davidson Motor Company understands that the Internet expands the capabilities to communicate information to current and potential Harley-Davidson customers and other stakeholders. It is essential, however, that these messages are in compliance with our dealer and distribution sales and service agreements. In addition to ensuring customer satisfaction and safety, these messages must also be consistent with our brand rights and obligations, copyrights, trademarks, applicable law and other business agreements around the world. HarleyDavidson has developed the following Web Site Development and Maintenance Policy regarding Internet public Web site development and maintenance to ensure that this is accomplished. Harley-Davidson reserves the right to amend this policy from time to time without notice. Internet Public Web Site Development and Maintenance I.
Establishing and Maintaining a Web Site A.
General At this time Harley-Davidson Motor Company does not require that a Harley-Davidson dealer/distributor operate a Harley-Davidson dealer/distributor public Web site. If a dealer/distributor chooses to develop and maintain an authorized public Web site the following policies apply. Harley-Davidson reserves the right to take any appropriate action to enforce this policy.
Links to and from Harley-Davidson Motor Company Web sites
From time to time Harley-Davidson Motor Company and its dealer/distributors may find it beneficial to link their respective public Web sites. Harley-Davidson has established a review process for all dealer Web sites requesting to be linked with a Harley-Davidson Motor Company Web site. Linking information can be found on h-dnet.com® by navigating to General Operations>Marketing & Advertising>Program Materials. The Dealer web site link request can be found on the Business Development section’s Toolbox or added to your My Toolbox on h-dnet.com®. This request must be used to submit your web site for approval and linking from the Harley-Davidson Motor Company Web site. Any questions can be answered by the Online Operations Department at (414) 343-4786. The same approval process will be followed, regardless of whether or not the dealer purchased the dealership Web site pack. Harley-Davidson Motor Company reserves the exclusive right to establish such a link. From time-to-time Harley-Davidson may review your Web site for compliance with this policy. For policy violations or other reasons, including but not limited to dated content, incorrect information, or unacceptable customer service related to web site content, Harley-Davidson Motor Company reserves the right to take any appropriate action including but not limited to not establishing a link or to unlink any dealer/distributor. I.
Domain Names A.
General Dealer domain names should conform as closely as possible to the dealer’s store name. "Harley-Davidson", if it is included in the dealer domain name, may be used without hyphenation or abbreviated as "HD", "H-D", or "Harley". Domain names which refer generally to the Company or any of its specific products (e.g., Harley-Davidson Motor Company.com; harleybikes.com; motorclothes.com) are reserved for use by the Company and may not be reserved by any one dealership for its exclusive use. Dealers who may already have registered
domain names inconsistent with this policy will be required to assign such domain names to the Company. Following the assignment, the assigned domain name will be pointed (redirected) to the dealer’s new domain for a period of 90 days, after which it will be pointed to the Company’s main corporate Web site. Domain names can be approved through the Trademark Department at (414) 343-4609. B.
Ownership If a domain name is registered by the dealer’s Internet Service Provider (ISP) or Web site developer/architect (or any other third-party) on behalf of a dealer, it is the dealer’s responsibility to ensure that ownership is vested in the dealership and not in the ISP, site creator, or other third party. This extends to any multiple or "spare" domain names registered by the dealer (e.g., "AnytownHarley-Davidson Motor Company", "AnytownHD", and "AnytownH-D"). "Spare" domain names should be set up as aliases which, when entered, redirect the user to the dealer’s main site. Web site developers/architects and ISPs may not be permitted to make use of "spare" dealer domain names for their own purposes, and it is the dealer’s responsibility to check all of their registered domain names on a regular basis to be certain that such use is not being made. The Company will challenge ISPs and Web site developers/architects found to be using any domain name containing the Company’s trademarks for their own purposes.
General Dealers are responsible for all Web site content, including any advertising space sold to third parties. All provisions of the Dealer Agreement with respect to use of the Company’s trademarks are in full force and effect on the Internet. The Company’s trademarks may not be used on or in connection with (including in the domain name) any site containing 1) obscene, racist, profane, or sexually-suggestive language; 2) sexually suggestive graphic or audio content (including semi-nude or nude photographs); or 3) content which encourages or suggests as desirable the consumption of alcohol in connection with motorcycle riding or illegal drugs in any context. Dealer sites will be periodically monitored for such content. The Company reserves the right at all times to determine whether any given material is suitable for use in conjunction with its trademarks.
General Appearance of Trademarks The Company’s global communications guidelines (regulating proportions, spacing, colors, type styles, etc.) are in full force and effect on the Internet. Special note: Except as noted in the Domain Name section above, the HARLEYDAVIDSON MOTOR COMPANY name and trademark must always be hyphenated. Dealers are responsible for bringing this point specifically to the attention of their web site administrators to avoid improper use.
Markings All trademarks owned by the Company should be appropriately marked with ® or ™. A list of trademarks and their proper markings is available on h-dnet.com® and should be passed on to the Web site developer/architect. Questions concerning appropriate markings for future trademarks may be directed to either H-D Michigan (734-665-9243) or Trademark Enforcement (414-343-4609 or 414-343-8398).
Non-Company Products and Services
Advertising/promotion of products and services on Dealer/Distributor Web sites displaying Company trademarks is limited to products and services marketed by the Company and may not include competitive brands or references to competitive-brand Web sites. Dealers who wish to advertise and promote non-Company products and services or competitive-brand Web site must do so on separate pages within the domain site, which display no Company trademarks or logos. Dealers who engage in the business of building custom-assembled motorcycles or selling motorcycles customassembled by others may not promote or offer such motorcycles for sale on any page promoting Harley-Davidson motorcycles (whether new or used) or in any way in conjunction with Company trademarks. B.
Copyrighted Materials It is sometimes the case that the Company does not own all of the copyrights, or owns only limited copyrights, in the images contained in its marketing materials. In such cases, dealers will be directed to the appropriate party from whom they may request permissions and/or releases from the copyright owner. From time to time, Harley-Davidson Motor Company will make available to dealer/distributors product images to which it owns unlimited copyrights. These available images will be distributed in the form of public relations kits, Web site planning guides, and specific downloading instruction documents. Further the use of these material is restricted to the authorized dealer/distributor to whom they were directed and only for the purposes outlined in the dealer/distributor agreement. Photographs and other illustrations from Company promotional materials (including but not limited to motorcycle, MotorClothes速 Apparel and Collectibles, and Parts & Accessories catalogs and service manuals) may not be reproduced (e.g. photocopied, downloaded or scanned) on the Internet without the express written consent of the Company (for which, contact the Marketing department, 414-343-7252), and the Company reserves the right to withhold such consent with regard to any copyrighted or trademarked imagery.