Contents1 Section I: Introduction

2 Section II: Quick Reference

4 Section III: Explanations and Examples

PGA TOUR®

Marks Usage Manual for“OFFICIAL” Marketing Partners

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This manual contains instructions for how “official” marketing partners (“OMPs”) of the PGA TOUR®, the champions Tour®, and/or the developmental tour currently entitled the Web.com Tour, may use the marks of those tours. (We include the Web.com Tour mark in these guidelines for good measure, but it is not part of the standard OMP marking package.

The right to use a mark owned by the PGA TOUR can be obtained only in a written sponsorship agreement with PGA TOUR, inc. (“TOUR”), in which the relevant marks are usually defined as “PGA TOUR Marks” or simply “TOUR Marks.” These guidelines will use the term “TOUR Marks” to refer to those marks as defined in the OMP agreement, and other capitalized terms in these guidelines are intended to match the same defined terms in the OMP agreement as well. When referring to an OMP’s marketing category, the term “Official Products” is used in these guidelines, but that term is intended to include any services that may be included in the OMP’s marketing category as defined in the OMP agreement.

it is the TOUR’s hope that, in addition to protecting the TOUR Marks and the integrity of the OMP sponsorship program, these rules will also:

•Makeapprovalsfasterandeasier;

•GiveconsumersaclearunderstandingoftheOMP’srelationshiptotheTOUR;and

•EnhancethevalueoftheOMP’sTOUR-relatedmarketingrights.

These guidelines will govern the TOUR’s approval or disapproval of OMP promotional materials submitted to the TOUR for approval in accordance with the OMP agreement. They will apply in all cases unless the OMP agreement contains an exception that expressly refers to these guidelines and creates an exception to them. if the TOUR makes a mistake and approves promotional materials that are not in keeping with these guidelines, or if the TOUR elects to approve certain promotional materials as a one time exception to these guidelines, such approvals may not be interpreted as amending the OMP agreement, or as creating a new rule for the future.Allexceptionswillbegrantedonacase-by-casebasis,andwillnotbeusedasaprecedentthatbindstheTOUR in its future decisions.

To take full advantage of these guidelines, the OMP and the TOUR must be in close cooperation regarding the OMP’s promotional materials. it is the TOUR’s desire that, with cooperation, these guidelines will help make the OMP’s activations easier, clearer, and more effective.

Section I: Introduction

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Section II: Quick Reference

for quick and easy reference, below is a summary of the rules contained in this Manual. The reasons for each rule and more detail on their interpretation can be found in the corresponding paragraph in Section iii of this Manual, entitled “Section iii: explanations and examples”

1. Manner of Use. OMP may use the TOUR Mark(s) on promotional materials in a “composite logo” or in a “stand-alone”logo,asfollows:

(a) Composite Logos. One (1) TOUR Mark together with one (1) approved OMP mark, together with an appropriate Official Designation. The general guidelines governing “composite logos” are:

i. there must be a clear delineation (either a line of separation, or an appropriate space) between the OMPmarkandtheTOURMark;

ii. theappropriateOfficialDesignationmustbeusedwithsuchcompositelogo;

iii. the OMP mark must be approximately equal to the dimension of the TOUR Mark in its overall dimensionandvisualimpact;and

iv. there may be no additional graphic elements, tag lines or slogans and no website addresses or other advertising elements included in the OMP mark or the composite logo.

(b) Stand-alone Logo. OMP may use the TOUR Mark alone, with an appropriate Official Designation, not in a composite logo but in proximity to the OMP logo.

2. General Conditions of Use.

(a) No Integrated Logos. no TOUR Mark or Official Designation may be incorporated into a single graphic design with an OMP logo or name.

(b) Designations. TOUR Marks must be used with an appropriate Official Designation.

(c) Limited to Official Products. OMP may use TOUR Marks and Official Designations solely on promotional materials in connection with Official Products.

(d) No TOUR Marks or Official Designations Directly on Merchandise. OMP may not place TOUR Marks or Official Designations directly on merchandise unless the OMP agreement expressly allows it, and except as allowed on premium items (see below).

(e) TOUR Marks or Official Designations on Premium Items. OMP may place TOUR Marks and Official Designations on premium items, so long as such premium items are approved in advance by TOUR in accordance with this Agreement, and so long as OMP complies with TOUR’s sourcing criteria.

(f) Confusion as to Rights. OMP may not use TOUR Marks or Official Designations in any manner that is unclear as to the nature and scope of OMP’s rights.

(g) Brand Standards. All uses of the TOUR Marks by OMP must comply with the TOUR’s published Brand Standards.

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Section II: Quick Reference

(h) Confusingly Similar Marks. OMP may not use any other logo or mark in its promotional materials that is confusingly similar to any TOUR Mark.

(i) Conformity to Law. OMP’s use of the TOUR Marks must comply with all applicable laws and regulations and shall indicate appropriate intellectual property notices.

(j) Third-Party Marks.

i. General Prohibition. in general, the names and logos of third parties may not appear on OMP’s promotional materials bearing TOUR Marks or Official Designations.

ii. Potential Exceptions. TOUR will consider exceptions on a case by case basis, and will consider factors (without limitation) such as:

a. the degree of visual separation between the TOUR Mark or Official Designation and the nameorlogooftherelevantthirdparty;

b. whether the third party name or logo appears in such a way as to imply an association, direct orindirect,withTOUR;

c. whether the third party name or logo represents a product or service falling within the marketingcategoryofanothermarketingpartnerorprospectivemarketingpartnerofTOUR;

d. whetherthethirdpartynameorlogorepresentsanotherTOURmarketingpartner;and

e. whether the third party name or logo represents an entity with which TOUR does not want to be associated, directly or indirectly.

(k) Use of PGA TOUR Player Names or Likenesses. The rights granted in the OMP agreement do not include the right to use the names or likenesses of professional golfers.

(l) Use of TOUR Marks or Official Designations at Tournaments. OMP may not use TOUR Marks or Official Designations at any Tournament unless OMP has separately secured rights to do so from the relevant tournament organizer.

(m) Use of TOUR Marks or Official Designations at Non-TOUR Events. There must be a clear visual separation at all times between the TOUR Marks or Official Designations and the name or logo of such other event, and there must be no likelihood that the TOUR Marks or Official Designations will belocatedinproximitytothenamesormarksofthethird-partysponsorsofsuchotherevent.

(n) No Endorsement. OMP shall not use the TOUR Marks or Official Designations to represent to any third party or to the general public that OMP’s products or services have been “tested,” “selected,” “approved,” “warranted” or “preferred” by TOUR, except as may be expressly allowed (in very limited circumstances) in the OMP agreement.

(o) Comparative Advertising. OMP shall not make any comparative claim in promotional materials using TOUR Marks or Official Designations naming a competitor or a competitor’s products or services.

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All uses of the TOUR Marks by OMPs must be reproduced fully, accurately and without embellishment to the color, design or appearance of the TOUR Marks as set out in the TOUR’s Brand Standards (a copy of which will be provided upon request). All promotional and advertising materials using or incorporating any TOUR Mark must be tasteful and professional, and may not include any claims which are inaccurate or deceptive in any way.

AllusesofTOURMarksmustbeapprovedinadvanceandinwritingbyTOUR,ineachinstanceofuse;andOMP’s actual use of the TOUR Marks must be exactly as approved by TOUR. Because each activation is usually unique in terms of the layout, relevant media, and distribution, even the most subtle differences can be important to TOUR. for example, the very same activation that is approved to appear in a “business to business” print publication may not be approved for general distribution to consumers. Or, a third party logo approved in one activation may not be approved if the third party logo is used slightly differently, or if another third party is substituted.Therefore,eachindividualactivationmustbeapprovedbyTOUR.TheOMPisnotatlibertyto“self-approve” activations simply because they seem to be the same as a previously approved activation. The TOUR and the OMP may be able to agree on exceptions to this rule in rare and highly controlled circumstances. Any such agreement would need to be in a writing signed by the TOUR.

OMPsmayusetheTOURMark(s)onpromotionalmaterialsina“compositelogo”orina“stand-alone”logo,as follows:

1. Composite Logos. OMPs may use the TOUR Mark in a “composite logo,” meaning one (1) TOUR Mark together with one (1) OMP Mark (being the specific OMP brand(s) as agreed in the relevant OMP agreement), together with an appropriate Official Designation. if the OMP has rights to more than one TOUR Mark, then more than one TOUR Mark can be used in the composite logo, but regardless, the general guidelines governing “composite logos” are:

(a) there must be a clear delineation (either a line of separation, or an appropriate space) between OMP’s MarkandtheTOURMark;

(b)theappropriateOfficialDesignationmustbeusedwithsuchcompositelogo;

(c) the OMP Mark is in its overall dimension and visual impact must be approximately equal to the dimensionoftheTOURMark;and

(d) there may be no additional graphic elements, tag lines, slogans, website addresses, “calls to action” or other advertising elements included in the composite logo.

More detail regarding the proper presentation of composite logos is found in the TOUR’s Brand Standards.

Section III: Explanations and Examples

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correct Usage:

needs improvement:

•RelationshipsbetweenPGATOURand“MitsubishiDiamondDealer”and“CounterPro”areunclear.

•Taglines(“CoolingandHeatingSolutions”and“America’sBestSellingDuctlessA/CandHeatPumps”)mixed with composite logo.

•Inappropriatedesignation–shouldread“OfficialHVACSponsorofthePGATOUR”.

•“MitsubishiDiamondDealer”and“CounterPro”areprobablyacceptablethirdpartylogos,andmayappearelsewhere in the activation with an “available at” designation.

•Inappropriateplacementofdesignation–seeBridgestoneexampleabove.

 

Section III: Explanations and Examples

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needs improvement:

•RelationshipsbetweenPGATOURand“eyewear”and“LoblawOptical”areunclear.

improved:

•TransitionsandPGATOURrelationshipisclearlyestablished.

•MovedthirdpartyretailermarksawayfromPGATOURmarktoreduceconfusion.

•Should also use an “available at” designation with the third party retailer marks.

Section III: Explanations and Examples

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2. Stand-alone Logo. OMPs do not have to use TOUR Marks in a composite logo. OMPs may also use the TOUR Mark alone, with an appropriate Official Designation, in a manner that makes clear the scope and nature of the OMP’s marketing relationship with TOUR.

correct Usage:

correct Usage:

correct Usage:

 

 

 

•Thisiscorrectifusedin connection with the Sponsor’s product category.

•Thisiscorrectifusedin connection with the Sponsor’s product category.

•Scope of relationship is clear. Official designation is correct. clearly promotes a product within the Sponsor’s category.

Section III: Explanations and Examples

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in addition to the TOUR’s Brand Standards, the TOUR will be guided in its approvals or disapprovals of OMP’s promotional materials by the following general conditions of use:

(a) Limited to Product Category. OMPs may use TOUR Marks and Official Designations solely on promotional materials in connection with their product category as defined in their OMP agreement (often defined in such agreements as the “Official Products”), and in the advertising, promotion and sale thereof, to the exclusion of any other business, product or service manufactured, distributed, sold or advertised by the OMP or any third party. in addition to the other restrictions contained in the OMP agreement, if the OMP agreement allows the OMP to use TOUR Marks or Official Designations on packaging for Official Products, they may be used only to indicate the OMP’s sponsorship relationship with TOUR, and may not be used in a manner to imply that the OMP has a license to produce licensed goods for TOUR.

The TOUR cannot allow OMPs to use marks on promotions for products or services outside of their product categories for important reasons. currently, the sponsorship structure—based on exclusive marketing categories—builds value based on exclusivity within each category. each marketing category is valuable to TOUR, and each marketing category has value to one company or another. each OMP pays for the exclusive right to promote specific products (or services) in connection with TOUR marks, with the goal of gaining an advantage over its competitors who also sell the same products or services. Often times, the OMP may sell a wide variety of products and services that are not part of the OMP’s TOUR marketing category. When the OMP promotes those products or services, TOUR marks must be removed from the promotion, unless the OMP obtains a prior written exception from the TOUR on a case by case basis. if the TOUR were to allow OMPs to use TOUR Marks in promotions for any and all products or services, the TOUR’s sponsorship structure would lose overall value for TOUR sponsors.

There may be limited instances in which the TOUR might consider an exception to this rule. in some limited cases, if the promotion using TOUR Marks is primarily a promotion for items within the marketing category, but some secondary mention is made of other products or services sold by the OMP, the TOUR may be able to make an exception. The TOUR always retains the right to disapprove such activations, because the TOUR may have a partner in a marketing category that already contains the secondary products or services. Or, the TOUR might be trying to sell that category. in some cases, if the OMP perceives value in adding other products and services to its marketing category, the parties should discuss how the TOUR might be compensated for the extra rights.

Because marketing categories are so critical to the value of a TOUR sponsorship, the TOUR does not generally allow “general corporate advertising” (general ads promoting the company as a whole, as opposed to ads focused on the products or services within the marketing category) to bear TOUR Marks. for many companies, especially large companies that sell products and services in many different

Section III: Explanations and Examples

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categories, a general corporate ad can create confusion as to the OMP’s true exclusive marketing category (See Section 3(e) below, regarding confusion as to the OMP’s sponsorship status). in most instances, TOUR will require OMPs to use TOUR Marks only in promotions for products or services within their marketing category, and only with one of their approved Official Designations.

Section III: Explanations and Examples

needs improvement:

improved:

•NothinginthispromotionidentifiestheSponsor’s category of “currency exchange services.”Theproduct-specificdesignationalone is not enough to establish the category.

•Byaddingalineoftextabovethephotos,there is less chance of confusion as to the scope of the Sponsor’s category.

•NotealsothedepictionoftheflatscreenTV,which is not in the sponsor’s category, but is clearly a promotional item and is unbranded.

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(b) Designations. in no event may an OMP use any TOUR Mark in any manner without an appropriate Official Designation. Once the activation is determined to be within the OMPs marketing category, the Official Designation is perhaps the most important aspect of an acceptable OMP/TOUR activation. The reason is simple: the designation explains to all consumers why the TOUR Mark appears in a promotion for a product or service that is not produced, tested, evaluated, endorsed, or provided by the TOUR. legally speaking, trademarks indicate the source of a product or service. When a TOUR Mark is used in promotions for a product or service, it is possible for consumers to assume that the TOUR is involved in the production or delivery of the product or service—and perhaps to hold the TOUR partly liable should a problem arise. Additionally, trademarks need to be registered in connection with the goods and services they are used to sell, but the TOUR Marks are likely not registered in connection with all of the OMPs products and services. To alleviate these legal concerns, an Official Designation must be used to explain the reason why the TOUR Mark appears in connection with the products or services of the OMP. it is not because the TOUR is involved in producing, testing, evaluating, endorsing, or providing the products or services, but it is because the OMP is a sponsor of the PGA TOUR, and wants its consumers to know that it supports men’s professional golf.

it is important to note that in addition to the obvious marketing value of the Official Designation, the Official Designation also serves as a legal device (for properly informing consumers of the TOUR’s relationship to the OMP or its product or service). in other words, the Official Designation alone may not be enough to clarify an OMP’s marketing category in a given promotion. in most instances, the promotion itself must be clearly for products and services within the OMP’s marketing category, and an Official Designation tailored to the category must be used as well.

(c) No TOUR Marks or Official Designations Directly on Merchandise. OMPs may not place TOUR Marks or Official Designations directly on merchandise, including Official Products, but only on promotional materials (as may be further defined in the OMP Agreement). The only exception to the foregoing prohibition against the placement of TOUR Marks or Official Designations on merchandise is setoutinSection3(d)below.Thereasonsforthisrulearetwo-fold.First,theplacementofTOURMarkson actual products can lead to problems when a sponsor manufactures a large quantity of such products and sells them to wholesalers or other customers who might sell them at retail for many years after the sponsorship is expired or terminated. in other words, placing marks directly onto merchandise exacerbates the problem of “tainting” a product category long after the OMP’s sponsorship ends. This problem can be created when TOUR Marks are placed on packaging as well, but often packaging is easier to rehabilitate. When marks are placed directly onto products they take on a permanence that it is difficult to reverse.

Section III: Explanations and Examples

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Additionally,theTOURmaintainsarobustretaillicensingprogram,underwhichtheTOURchargesper-productroyaltiestomanufacturerswhowanttoproduceTOUR-brandedproducts.IfanOMPwantstoplace TOUR Marks on products (even with the appropriate Official Designation, which is always required for OMPs), then the OMP is wandering into the territory of a product license, and would need to enter a royalty-bearinglicenseagreementwiththeTOUR.Forthesereasons,theTOURdoesnotallowOMPsto place TOUR Marks directly onto merchandise.

(d) TOUR Marks or Official Designations on Premium Items. OMPs may place TOUR Marks and Official Designations on premium items. Premium items are items of merchandise the OMP gives away to consumers for promotional purposes, either free of charge or at a reduced price along with the purchase of products or services from within the OMP’s marketing category. Premium items generally consist of hats,t-shirts,giftsfortheoffice,orgolfaccessories.OMPsmayuse“privatelabel”TOURmerchandise,purchased from TOUR licensees (see (i) below), or may obtain permission to have special premium items manufactured(see(ii)below).Unlessthepremiumitemissimplya“privatelabel”TOUR-brandeditempurchased from a TOUR licensee, TOUR may require the Official Designation to appear on a premium item. Generally, so long as such premium items are approved in advance by TOUR in accordance with this Agreement, and so long as the OMP complies with the sourcing criteria set forth below, OMPs are allowed to promote the products and services within their marketing category by using premium items bearing TOUR Marks.

i. Sourcing of Premium items that are not “Official Products.” OMPs must source such premium items from TOUR’s relevant official licensee. if TOUR does not have a relevant official licensee, then OMP must source such premium items from TOUR’s relevant official marketing partner under terms and conditions (governing TOUR Marks) approved in advance by TOUR. if TOUR does not have a relevant official marketing partner, then OMP may source such Premium item from a third party pursuant to the terms and conditions of a written agreement between such third party and TOUR, and so long as no manufacturer’s branding appears on such Premium item.

ii. Sourcing of Premium items that are “Official Products.” if an OMP desires to distribute a Premium item that happens to fall within the definition of that OMP’s Official Products, then the OMP must source such Premium item from TOUR’s relevant official licensee. if TOUR does not have a relevant official licensee, then OMP must enter into a mutually acceptable license agreement with TOUR to become TOUR’s official licensee for Official Products.

Section III: Explanations and Examples

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example:

(e) Confusion as to Rights. OMP may not use TOUR Marks or Official Designations in any manner that is unclear as to the nature and scope of the OMP’s rights under their OMP agreement. OMP may not use TOUR Marks or Official Designations in any manner that is likely to cause confusion as to (A) the products or services for which OMP has been granted sponsorship rights by TOUR, (B) OMP’s relationship to any particular tournament, or (c) OMP’s relationship to any particular professional golf player. This is a general rule that is intended to reiterate to OMP’s that they are to activate their TOUR marketing rights only within their category, and within their other rights as may be granted by TOUR. Because the TOUR’s entire marketing program is built upon marketing associations with many different companies, each OMP’s specific relationship with the TOUR must be presented clearly, and should not be deceptive or confusing about the actual status of the OMP in relation to the TOUR.

•BecauseTransitionsusestheaPGATOURmark on these premium items (in this case, the PGA TOUR word mark), they would need to purchase this premium item from a TOUR approved licensee.

 

Section III: Explanations and Examples

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(f) No Integrated Logos. To protect the integrity of the TOUR Marks and Official Designations, no TOUR Mark or Official Designations may be incorporated into a single graphic design in direct association with the OMP’s trade names, logos, tag lines, or other marks or designs. When two marks owned by two different parties are merged into one logo, problems arise involving ownership, control (during and after the sponsorship), and protection of the integrated mark. The TOUR and its OMP should both want to avoid these problems.

Also, when TOUR Marks are incorporated with an OMP’s names, logos, tag lines, or other marks or designs, the TOUR can become involved in legal claims if the OMP’s creative elements turn out to be false,misleading,orinfringing;orifsimilarcreativeelementsareused(withTOURMarks)byanotherTOUR sponsor.

Additionally, if the TOUR were to allow our various partners to integrate their “look” or tag lines with TOUR Marks, the TOUR’s own brand messaging would get diluted.

Section III: Explanations and Examples

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needs improvement:

• ByintegratingthePGATOURmarkwithitsownnameanddesign,thesponsorhascreatedawhole new mark. This could involve the PGA TOUR in issues concerning ownership, infringement, and advertising. Therefore, this is not permitted.

improved:

• Byusingatraditionalcompositelogointheupperrighthandcorner,alongwithanapproved designation, the sponsor has made its relationship with the PGA TOUR more clear, and the trademarks are distinguishable.

Section III: Explanations and Examples

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(g) Confusingly Similar Marks. OMP may not use any other logo or mark in its promotional materials thatisconfusinglysimilartoanyTOURMark.WhenanOMPisactivatingagolf-relatedinitiative,theOMP might decide to create new brands or logos to identify their initiative. Just as the TOUR does not allow integrated logos (see Section 3(f) above), the TOUR does not allow OMPs to adopt marks of its own that would otherwise infringe on TOUR Marks. in other words, just because an OMP has a marketing relationship with the TOUR does not authorize the OMP to create marks of its own that are similar to TOUR Marks. The TOUR will have no choice but to treat such marks as infringing marks.

needs improvement:

•Markssuchastheswinginggolferabovecouldbe“confusinglysimilar”tothePGATOURswinginggolfer.Examplesshouldbeevaluatedonacase-by-casebasis.

(h) Conformity to Law; Registration Symbol. OMP’s use of the TOUR Marks must comply with all applicable laws and regulations and shall indicate appropriate intellectual property notices, as detailed in the TOUR’s Brand Standards. Prominent uses of TOUR Marks must include a “circle r” (®) symbol, denoting the logo and name as registered trademarks.

Section III: Explanations and Examples

 

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(i) Third-Party Marks.

i. General Prohibition. in general, the names and logos of third parties may not appear in an OMP’s promotional materials bearing TOUR Marks or Official Designations. The purposes for this general prohibition are (A) to prevent third parties from enjoying an association (directly or indirectly) with TOURwithoutactuallysupportingTOUR,and(B)toavoidconflictswiththemarketingcategoriesofTOUR’s other marketing partners.

ii. Potential exceptions. TOUR will consider allowing a third party name or logo to appear in an OMP’s promotional materials on a case by case basis, and will consider factors (without limitation) such as:

a. the degree of visual separation between the TOUR Mark or Official Designation and the name or logooftherelevantthirdparty;

b. whether the third party name or logo appears in such a way as to imply an association, direct or indirect,withTOUR;

c. whether the third party name or logo represents a product or service falling within the marketing categoryofanothermarketingpartnerorprospectivemarketingpartnerofTOUR;

d.whetherthethirdpartynameorlogorepresentsanotherTOURmarketingpartner;

e. whether the third party name or logo represents an entity that should be providing value to TOUR for asecondaryTOURassociation;and

f. whether the third party name or logo represents an entity with which TOUR does not want to be associated, directly or indirectly

Section III: Explanations and Examples

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needs improvement:

•CallawayandPGATOURlogosareclosetogether,whichimpliesanofficialrelationshipexists.

•DistancebetweenTOURmarkandCallawaylogomustbeestablished.

improved:

•Correctedversion-PGATOURmarkandCallawaylogoaredistanced. no association with TOUR is implied.

•Shouldstilluseadesignation“prizesprovidedby”fortheCallawaymark.

(j) No Use of PGA TOUR Player Names or Likenesses. The rights granted in the OMP agreements do not include the right to use the names or likenesses of professional golf players. Any such rights must be obtained separately by the OMP. The PGA TOUR is an association of many individual PGA TOUR players who are independent contractors. They control their own rights to their names and images. To benefit the association, each player assigns rights to the TOUR to use his name or image solely in the promotion of the PGA TOUR itself, but not for commercial purposes. Those rights are reserved by the players as individuals.

 

 

Section III: Explanations and Examples

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(k) No Use of Tournament Names or Logos. OMP does not obtain any rights to use PGA TOUR, champions Tour, or Web.com Tour tournament names or logos by virtue of its status as an official sponsor of TOUR. if OMP desires those rights, OMP must separately secure such rights from the relevant tournament organizer. Tournaments are separate, independent events that are organized and funded using a different sponsorship model than TOUR sponsorships. OMP sponsorships are sponsorships of the PGA TOUR, but do not include individual tournament sponsorships, which are sold locally by each tournament. OMP sponsorships do, however, often include an obligation of the OMP to spend certain amountsattournamentsthroughouttheyear.OMPsarewelcometousethosefundstopurchaseon-sitemarketing rights at a given tournament, or even a tournament sponsorship that allows the OMP to use the tournament name and logo in the local marketplace. in that case, the OMP may use TOUR Marks along with tournament names and references, so long as OMP complies with all relevant usage guidelines. in no event, however, may the OMP use multiple tournament names or logos in a manner that may imply the OMPisamulti-tournament“umbrella”sponsoroftherelevanttour.

(l) Use of TOUR Marks or Official Designations at Tournaments. OMPs may not use TOUR Marks or Official Designations at any TOUR tournament unless OMP has separately secured rights to do so from the relevant event organizer. As discussed in Section 3(k) above, OMPs do not gain marketing rights inconnectionwithtournamentsbyvirtueoftheirTOURsponsorshipalone.Suchon-sitemarketingrights must be purchased separately from the tournament organizer. Once such rights are properly secured,OMPsarewelcometouseTOURMarksinaccordancewiththeseguidelineson-site,butallsuch branding should be coordinated also with the tournament organizer, who may prefer that the OMP highlight the tournament name and marks.

(m) Use of TOUR Marks or Official Designations in Connection with Non-TOUR Events. When usinganyTOURMarksorOfficialDesignationsonpromotionalmaterialsforuseordistributionon-siteatanynon-TOURsportingeventorothernon-TOURevent,theremustbeaclearvisualseparationatalltimes between the TOUR Marks or Official Designations and the name or logo of such other event, and there must be no likelihood that the TOUR Marks or Official Designations will be located in proximity tothenamesormarksofthethird-partysponsorsofsuchotherevent.Forexample,ifanOMPhasapresence at the nfl’s Super Bowl, and desires to activate its TOUR marketing rights there, it would be acceptable for OMP to use TOUR Marks inside its closed hospitality area, or inside gift bags to its guests, butitwouldbeinappropriatefortheOMPtopurchaseanin-stadiumsignthatispositionedrightnexttothesignofacompetitorofanotherTOUROMP.Inotherwords,non-TOUReventsusuallyhavetheirown sponsorship model and their own sponsors, many of which will not be TOUR sponsors. if TOUR Marks are to be used there, care must be taken to ensure that only the OMP, and not the event, nor its other sponsors, enjoy the benefits of having the TOUR Marks nearby.

IntheOMP’soff-siteactivationsaroundnon-TOURevents(e.g.commercials,printads,orbillboards),TOUR Marks and Official Designations may not be used at all.

Section III: Explanations and Examples

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not Approved:

•UseofPGATOURmarksandofficialdesignationinconnectionwitha non-TOUReventisnotpermitted.

•Alsonote:thePGATOURlogoistoosmall;and“PGATour”needstobeinALLCAPS.

(n) No Endorsement. OMP may not use the TOUR Marks or Official Designations to represent to any third party or to the general public that OMP’s products or services have been “tested,” “selected,” “approved,” “warranted” or “preferred” by TOUR, except as otherwise may be expressly permitted in the OMP agreement. Although the TOUR is proud to be associated with its sponsors, the TOUR cannot become involved in the recommendation or endorsement of particular products and services. These types of endorsements are regulated by the fTc, and when the endorsing party has an underlying agreement with the endorsed company, specific disclosures can be required about the nature of the relationship and source of the data used to make the claim. The TOUR cannot become involved in liability that attaches with the endorsement and advertisement of products or services. The TOUR

Section III: Explanations and Examples

P G A T O U R M A R K S U S U A l M A n U A l f O R “ O f f i c i A l ” M A R K e T i n G P A R T n e R S

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simply does not have the scope to get involved in these types of claims, and our business model does not encompass these types of risks. Ultimately, the TOUR is in the business of running professional golf leagues, not in the business of product evaluation and promotion. OMPs need to ensure that they are communicating properly to consumers: the OMP supports the PGA TOUR, but the TOUR is not involved in the design, planning, pricing, distribution, endorsement, or sale of any OMP product or service.

not Approved:

•Dependingonhowandwherethisisdisplayed,itcouldincorrectly imply the PGA TOUR endorses the product.

(o) Comparative Advertising. An OMP may not make any comparative claim in promotional materials using TOUR Marks or Official Designations naming a competitor or a competitor’s products or services. As discussed in Section 3(n) above, the TOUR is not interested in becoming involved in disputes between business competitors. Because these types of promotions are more likely to become the subject of disputes that would not otherwise involve the TOUR, the TOUR does not allow its marks to be used in these types of promotions.

Section III: Explanations and Examples