Business Policies - University Exclusive Beverage Policy

TO: All Members of the University Community 2000:14
DATE: October, 2000

University Exclusive Beverage Policy


    The purpose of this policy is to prevent the unauthorized, "University", purchase or participation in activity that would be in violation of the "Exclusive Association Agreement" between the University and its official soft drink provider.


    It is the policy of Ferris State University, that all purchase and trademark association of beverages be exclusive to the Coca-Cola Co. Ferris State University does not approve or condone the following:

    1. Competitive Products on Campus

      Sale, dispensing, serving, or sampling of beverages other than the products of the exclusive company.

    2. Competing Trademark Visibility

      Granting of trademark visibility, advertising, or promotional rights to competitive products of the exclusive company. Association or appearance of an association between University, the Campus, or the university marks and competitive products of the exclusive company.

    3. Promotion or Advertising of Competitive Products

      There is to be no permanent or temporary advertising, signage, or trademark visibility of competitive products displayed on campus, with the exception of an existing obligation to Tropicana.

    4. Competitive Use of University Marks

      The University must not grant any advertising or promotional rights including use of the University Marks to third parties (such as broadcasters) in a way that permits those third parties to use those rights in association with competitive products. But Broadcasters may sell in-game spot advertising for competitive products, so long as the spots do not display or refer to the University Marks or otherwise associate the University, the Campus, or the University Marks with competitive products through the images or text that appear on-screen or are mentioned on-air.

    5. Association with Competitive Products

      The University must not enter into - or maintain or permit anyone else to enter into or maintain - any agreement or relationship that in any way associates competitive products with University, the Campus or the University Marks.

    6. Association with Affiliates of Competitive Products

      The University must ensure that neither University, the Campus, nor the University Marks are associated with any third party advertisement or promotion if it involves competitive products.

    7. Third-Party Beverage Promotions

      The University must not grant any third party the right to conduct promotions involving beverages or beverage containers, including promotions that relate primarily to non-beverage items but involve a beverage as a purchase requirement or promotional fulfillment. This applies even if the promotion involves a company beverage.

    8. Ambush Marketing by Competitive Products

      If any third party tries without Sponsor's consent to associate competitive products with University, the Campus, or the University Marks - or tries to suggest, by implication or otherwise, that competitive products are so associated - University will take reasonable steps to stop this "ambush marketing" and protect Sponsor's exclusive association. These steps include the following:

      1. Complaining in writing to the violating party and to local media outlets;
      2. Issuing public and private cease-and-desist announcements; and
      3. Cooperating with Sponsor in instituting appropriate legal action, including suits for temporary and permanent injunctive relief.

Richard Duffett, Vice President
Administration and Finance

Contact: Auxiliary Enterprises