Terms and Conditions of ETC logo use

November 2000
Organization for Road System Enhancement

1.Purpose

These terms and conditions, hereinafter called “the terms”, have been defined by the Organization for Road System Enhancement, hereinafter called “ORSE”, in order to explain the usage and the procedure for using the ETC system’s trademark, hereinafter called “ETC logo”, which is used to promote the ETC system

2.Permission to Use

  1. Those who wish to obtain permission to use the ETC logo need to submit an application to use the ETC logo, and obtain permission.
  2. ORSE may approve the use of the ETC logo and deliver a sealed copy of the approval certificate to the applicant if it is used in one of the following ways:
    1. It shall be used for products related to the ETC system, such as for on-board equipment, ETC cards and other accessories , or for advertisement.
    2. It shall be used for ETC-related businesses or administrations that improve on the safe and smooth operations of the ETC system.
  3. It shall be used by toll road companies and ETC setup administrators without permission.
  4. ETC logo user, hereinafter called “the user”, given permission based on terms 1 or 3, is obliged to use the logo properly, complying with the terms of use, the certificate, and the 3(1) ”ETC logo manual ”, hereinafter called ”the terms", as follows:
  5. The user has the right to use the logo on itself or with supply related products, and have retailers and ETC setup shops, hereinafter called “shops”, use the ETC logo. However in this case, the user is responsible for making sure the shops comply with the terms.

3.Usage

  1. The usage of the ETC logo shall be based on the ETC logo manual set by ORSE.
  2. The user is required to make an effort to promote ETC by using the logo and encouraging to use it as well.
  3. The user shall not use the ETC logo as the name or trademark of the product itself. If the logo is used on a product with a name or trademark on the packaging, the ETC logo must be clearly distinguished as different from the product's name or trademark.
  4. The user, except for those who are applicable to 2(3) above, is obliged to report to ORSE required information. First, a report and a photograph of the product on which ETC logo used, must be reported to ORSE. By the end of the year, the user is also required to report some additional information such as the kind and the number of products on which the ETC logo is used. This can be reported on form II-Report of ETC logo usage.
  5. ORSE shall take full responsibility for problems that may occur with a third party regarding the correct usage of the ETC logo based on the terms. However, the user is obliged to report immediately to ORSE the circumstances under which and when the conflict may have occurred.

4.Withdrawal of Permission

  1. ORSE has the right to have the user withdraw permission to use the ETC logo. ORSE also has the right to require the user to stop or restrict the use of the logo and even recall or dispose of the products. In such case, the user shall not refuse the order without a valid reason.
    This rule applies when;
    1. the user has violated the terms of ETC logo use
    2. there is a possibility that promotion of the ETC system proves to be difficult because of products using the ETC logo or if its usage is considered to be offensive to public order and morals.
  3. ORSE is obliged to hear the user’s claim before taking the first measure.
  4. Toll road companies have the right to ask that ORSE take the first measure against a particular user when the user's activity affects the ETC system in a way not applicable to the system.

5.ETC logo usage fee

  1. The user shall pay ORSE an ETC logo usage fee (sales tax not included) according to the following.
    Toll road’ companies and shops are not required to pay the usage fee. The fee shall not be charged for noncommercial purposes or for the promotion of the ETC system as approved by ORSE.
    1. ETC card issue: 100,000 yen per enterprise
    2. Manufacture of on-board equipment: 100,000 yen per enterprise
    3. For other purposes: the fee will be set by ORSE taking into consideration of the purpose of use
  3. The user shall transfer the fee to the following account within one month of the day the billing statement is received. The transfer fee shall be paid by the user.
    Sumitomo Mitsui Banking Corporation, Tokyo Public Service, Savings Account
    Account number: 3021390
    Account holder: Organization for Road System Enhancement
  4. A copy of formI shall be delivered to the user after confirmation that payment has been made.
  5. The manual shall be distributed to the user. Users who have paid the usage fee from (1), toll road companies and shops have the right to receive one manual free of charge.

6.Claim for Loss

The user is obliged to make compensation for any damages or losses incurred by ORSE by the user's misuse of the ETC logo.

7.Validity Period

The validity period of ETC logo usage shall be one year from the date ORSE delivered the permit. It shall be valid for one more year from the day after the previous expiry date if no claims are made by either party one month before the permit expires.

8.Court of competent jurisdiction

Any disputes arising between ORSE and the user regarding the usage of the ETC logo shall be resolved by the Tokyo District Court.