Walmart Logo Usage Requirements

Agreement

If the request to use the Walmart logo is granted by Walmart, the individual(s), company or organization that submitted the request for use of the Walmart logo agrees to all terms, conditions, guidelines, and restrictions set forth in the request submission instructions, the request form, this Agreement and any modications that Walmart may, from time to time, make to them. The terms of the request submission instructions and the request form shall also be considered a part of this Agreement.

Logo Use, Warranty Disclaimers, User Grant of Rights:

Logo usage must be approved in a signed writing by a member of the Walmart Brand Team prior to use. Your use must be strictly in accordance with the approval and the terms of this Agreement. For example, any change in the images, text or audio that accompanied the original request for approval will, unless authorized in a signed writing by a member of the Walmart Brand Team, constitute an unauthorized use. Unauthorized use can lead to severe consequences and penalties, including potential legal actions for damages and other remedies. If you wish to make any changes to the approved use, you must submit a new fully completed request form, which will also be subject to all of the terms, conditions, guidelines, and restrictions set forth in the request submission instructions, the request form, this Agreement and any modications that Walmart may, from time to time, make to them.

Walmart cannot accept time limits or deadlines placed in any request, and if you do not receive a signed, written approval, the request has not been approved.

PLEASE NOTE THAT AN APPROVAL BY WALMART IS NOT A REPRESENTATION, WARRANTY OR GUARANTEE THAT YOUR PROPOSED OR ACTUAL USE WILL NOT VIOLATE THE RIGHTS OF ANY THIRD PARTIES. For example, Walmart will not assess whether your proposed text, audio, footage, images or use of other logos would violate any third party rights, such as copyright, trademark rights or rights of publicity. Walmart’s approval is strictly limited to Walmart’s rights in its logo. You must secure any other necessary rights and permissions from the owners, if any, of other pertinent rights.

WALMART MAKES NO REPRESENTATION OR WARRANTY, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH REGARD TO: (A) THE APPROVALS AND PERMISSIONS GRANTED BY WALMART IN THIS AGREEMENT; (B) THE ITEMS, COMMUNICATIONS AND INFORMATION SUPPLIED BY WALMART; AND (C) WALMART’S EMAIL SYSTEM AND OTHER WALMART SYSTEMS, ITEMS AND EQUIPMENT USED IN CONNECTION WITH THIS AGREEMENT OR THE REQUEST FOR PERMISSION.

Walmart may, at any time, in its sole discretion and without liability, withdraw its approval of any proposed or actual use of the Walmart logo.

Provision of Copies by User

You must submit the following materials and information to the Walmart Brand Team:

  • Color copies of print advertisements displaying the Walmart logo must be sent via express mail to Walmart Stores, Inc. 702 SW 8th Street Bentonville, AR 72716-0310 ATTN: Walmart Brand Team or emailed to brandcen86@wal-mart.com within three (3) days after release to the public.
  • Copies of TV advertisements featuring the Walmart logo should be sent via express mail to Walmart Stores, Inc. 702 SW 8th Street Bentonville, AR 72716-0310 ATTN: Walmart Brand Team or emailed to brandcen86@wal-mart.com within three (3) days days after release to the public.
  • The URL of the website on which the Walmart logo appears, indicating placement of the Walmart logo, should be sent via express mail to Walmart Stores, Inc. 702 SW 8th Street Bentonville, AR 72716-0310 ATTN: Walmart Brand Team or emailed to brandcen86@wal-mart.com within three (3) days after release to the public.

In addition you agree to provide to Walmart, from time to time, upon its request and without charge, additional representative samples of the items in or on which the Walmart logo is used under this Agreement.

Please retain a copy of any materials provided to Walmart. Walmart cannot guarantee that your submission will be received or retained. In addition, you hereby provide to Walmart permission to retain and use the submitted materials and information for Walmart’s purposes (e.g., training and shareholders meetings) and to advertise or document the fact that the activities were conducted or sponsored by Walmart or specific Walmart stores or that Walmart or a specific Walmart store donated funds, goods or services. In addition, you hereby provide to Walmart permission to copy, display, modify (e.g., excerpting, editing, etc.) and use the submitted materials and information and agree that the permission is paid-up, royalty-free, effective everywhere and applicable to all media and means of exploitation now known or hereafter conceived.

Non-compliance:

  • Without waiving any of its other rights and remedies, Walmart may notify you of any non-compliance with the terms of this Agreement and you agree, upon Walmart’s request, to immediately cease such unauthorized use and to seek the return or destruction of any items that contain the unauthorized use. However, failure by Walmart to provide notice is not a waiver of any of Walmart’s rights and remedies for an unauthorized use.
  • Due to changes in law, the nature of particular organizations or other factors, Walmart may, at any time, in its sole discretion and without liability to you, change the terms of the permission granted under this Agreement or withdraw the permission. Notice of such changes will be provided to you. Non-compliance with any such changes or withdrawal of permissions would be a violation of this Agreement.
  • Each term and condition of this Agreement forms a condition upon which Walmart’s grant of permission has been premised. Therefore, any violation of a term or condition of this Agreement shall revoke the permission provided by Walmart in this Agreement.

Usage Intent:

  • The Walmart logo shall only be used for the purpose for which the original, approved request was made. Any other usage of the Walmart logo beyond the original request is strictly prohibited and is subject to legal action.

Logo Look and Feel:

  • The Walmart logo should only be used in the size, form and colors as provided with the approval of this request, without modifications or alterations;
  • The Walmart logo should not be combined with any other unapproved, graphic, textual or other elements;
  • The Walmart logo should not be used as a design element of any other unapproved logo or trademark;
  • The Walmart logo may not be used to indicate or imply that Walmart endorses, sponsors, or associates with any activity, event, opinion, belief, web site, company, product, service, or merchandise without express, written permission signed by a member of the Walmart Brand Team;
  • The Walmart logo may not be used on any products, services, business cards, letterhead, or merchandise of an individual, company or organization without express, written permission signed by a member of the Walmart Brand Team;
  • The Walmart logo may not be used in any way, or in, on or in association with, any materials or information (e.g., any web site or printed materials) that violate any applicable laws or government regulations; and
  • Any use of the Walmart logo should conform to our company’s high standards of quality, style, and image, and should not be used or distributed in any manner that might be deceptive or misleading or which might bring Walmart Stores, Inc. into ridicule or disrepute. (For example, if use of the Walmart logo is approved for your web site, you will not provide links from your web site to any other sites that contain pornographic or otherwise offensive or illegal content.)

Trademark Rights:

  • The individual(s), company or organization to whom permission is granted under this Agreement, acknowledge that the Walmart logo is protected by trademark, service mark and other rights belonging to Wal-Mart Stores, Inc. and that all goodwill and rights accruing from the use of the mark shall be to the benefit of Wal-Mart Stores, Inc.
  • The following notice, in a location and size approved by Walmart, must be used with regard to any use of the Walmart logo:
     Trademark Rights

Indemnification:

  • The individual, company or organization to whom permission is granted under this Agreement shall protect, defend, indemnify, and hold Walmart and its affiliates and each of their respective owners, officers, directors, employees, representatives and agents harmless from and against any liability, costs (including, but not limited to attorney fees) and damages that arise from or relate, in any way, to any claim raised or asserted by a third party with regard to, or related to, the use of the logo or its use in connection with any item, information, activity or event.

Assignment:

  • The rights and obligations of the individual(s), company or organization to whom permission is granted under this Agreement may not be assigned, transferred or sublicensed and any such assignment, transfer or sublicense shall be void and without effect. A change in control, whether by stock purchase or otherwise, shall be considered an assignment or transfer.
  • Walmart’s rights and obligations under this Agreement may be assigned, transferred and sublicensed by Walmart.

Dispute Resolution, Audit:

  • This Agreement and any claim arising out of or relating to this Agreement or the business relationship of the parties shall be governed, enforced, and construed under the laws of Arkansas without regard to conflicts of laws or principles that would require the application of any other laws or presumption or rule of law requiring its construction against the party drafting any part of this Agreement. Any action or suit concerning or arising out of or related to this Agreement or its subjects shall be brought and maintained in federal or state court in Benton or Washington Counties, Arkansas. Any actual or threatened unauthorized use of Walmart’s logo is acknowledged by the parties to cause irreparable harm and, without limiting any other rights and remedies, merit equitable relief in the form of temporary, preliminary and permanent injunctive relief.
  • In no instance shall Walmart be liable to the individual(s), company or organization to whom permission is granted under this Agreement for indirect, consequential or special damages, including, but not limited to, lost profits, lost income, lost revenues, business interruption or lost business arising out of or related to this Agreement or its subject matters, even if Walmart was advised or otherwise aware of the possibility of the damages and regardless of any prior course of dealing between the parties.
  • Walmart shall be provided, upon request and without charge, copies of records (e.g., documents, electronic files) that comprise or relate to the use of the Walmart logo by the individual(s), company or organization who has entered into this Agreement. Such individual(s), companies and organizations shall retain records of the use for a period of at least three (3) years after the use is discontinued.

Severability, Waiver, Survival, Conflicts:

If a court, jury or any other forum with mandatory authority to decide the issue determines that any term of this Agreement is invalid, void or unenforceable to any extent, the remaining terms shall remain in full force and effect and the invalid, void or unenforceable provision shall be, if possible, modified to cause it to be valid, effective and enforceable in a manner that most closely conforms with the original intention expressed in this Agreement. The waiver by Walmart of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach or as a course of business. The provisions of this Agreement that by their nature are intended to survive termination or expiration of the Agreement, including but not limited to, the indemnification provided by the user of the logo shall survive and have full effect.

Construction And Interpretation:

The headings in this Agreement shall not limit or otherwise affect the meaning of any part of the Agreement. Neither this Agreement nor any uncertainty or ambiguity shall be construed or resolved against the drafter under any rule of construction or otherwise.

Entire Agreement, Amendment, Notices:

This Agreement constitutes the entire agreement among the parties and supersedes all prior agreements and understandings, written or oral, between the parties concerning it or its subject matter. No amendment, approval, waiver or consent under this Agreement shall be binding upon Walmart unless in writing and signed by a Walmart Brand Manager. All notices or other communications required or permitted under this Agreement shall be deemed duly given either: (a) when delivered in person to the contact person for the recipient party, (b) upon transmittal of a facsimile or email transmission to the contact person for the recipient party at the facsimile number or email address designated in the recipient party’s contact information in this Agreement, with reasonable evidence of successful transmission, or (c) three (3) business days after being mailed by either registered or certified U.S. mail, return receipt requested, postage prepaid to the contact person for the recipient party at the mailing address designated for the recipient party in the recipient party’s contact information in this Agreement.

Additional Restrictions and Guidelines Regarding the Walmart Logo:

  • The Walmart logo should be produced in black and white only if no color option is available, as provided by the Walmart Brand Team.
  • The Walmart’s tagline (“Save money. Live better.”) should never be altered or substituted with any other phrase. Only the “S” and the “L” are capitalized, and the tagline should never be italicized, bolded, underlined, or altered in any other way. There is a period after “money” and a period after “better.” The preferred usage of the Walmart logo is with the tagline locked up¬¬ under the word Walmart.
  • The logo may not be reproduced any smaller than 1.25 inches, measured from the left side of the “W” in “Walmart” to the end of the right spoke in the spark.
  • Clear space restrictions for the area surrounding the logo are as follows:
    • Measure clear space around “Walmart” by the height of the “r” in Walmart for vertical space, and the width of the “r” for horizontal
    • Measure clear space around the spark by half of the height of one spoke
    • Never allow typography or other elements to “invade” the “Walmart” or the spark symbol
     
  • For Pantone color reproduction:
    • Walmart blue: PMS 285 C
    • Walmart yellow: PMS 1235 C
     
  • For four-color reproduction:
    • Walmart blue
      • C:90 M:46 Y:0 K:0
      • R:26 G:117 B:207
       
    • Walmart yellow
      • C:0 M:32 Y:100 K:0
      • R:247 G:181 B:18