Plaintiff Exhibit 0005 : U.S. V. Visa U.S.A Inc., Et Al.

1. State Street Bank Emergency Services
2. Visa Authorizations Bank-Up Center

10.1D.3(A)

10.ID.7

0014858

tional from all claims, liabilities, lesses, and expenses arising from any materials produced under the direction of the Affiliate.

0014859

inconsistent with such ownership in that all use of the Marks shall insure to the benefit of and be on behalf of Visa International.

0014860

in advertising and promotional materials in accordance with the current Visa Olympic Sponsorship Manual.

1. Each Affiliate which uses the Olympic Marks, logos, designations and authenticating statements on Cards, or decals, with other representations of the Visa Card Program Marks, in advertising and/or on promotional materials shall strictly observe the guidelines for such use as specified in the current Visa Olympic Sponsorship Manual.
2. Upon notice from Visa International, an Affiliate shall take corrective action with respect to any improper or invalid use of such Marks.
3. Each Affiliate will be responsible for and hold Visa International harmless against any claims, losses, damages or liabilities arising from the Affiliate's failure to observe the requirements set forth in the current Visa Olympic Sponsorship Manual or any failure to take corrective action as requested by Visa International.

10.2A.3

10.2c.1(a)
10.2C.1(f)

0014862

or defaced. No Marks, language, or Trade Names other that the VISA Mark may appear within the Blue, White and Gold Bands Design unless such Marks or Trade Names are used in accordance with the rules for reproductions of Classic Visa Cards bearing the full Blue, White and Gold Bands Design.

0014863

and distributed issue shall be submitted to Visa International for approval of the quality of its content and, as approved, all subsequent issues shall be maintained at least at the same level of quality, and (iii) the front cover shall contain, in print of not less than 14 points, an indication of the Affiliate's name (for example, "A Publication of __________________________," or "Published for Visa Cardholders by __________________________," or a similar indication.)

0014864

material may be used in its dictionary sense as appropriate. To ensure unity of market presentation, the descriptive Product Name "Premier," when used with the VISA Mark and/or the stylized letter Mark should never be misspelled or corrupted by coining other words from it with other terms. The following corruptions are never acceptable: "Premier check."

The Product Name "Visa Gold" is a deacriptive product identifier rather than a Mark and in typed or printed material may be used in its dictionary senseas appropriate. To assure unity of market presentation, the descriptive Product Nome "Visa Gold," when used with the VISA Mark, should never be misspelled or corrupted by coining ether words from it, translating it or combining it with other terms. The following corruptions are never acceptable: "Visa Goldcash," "Visa Goldcheck."

10.2C.1(a)

10.2C.1(e)

10.2C2

10.2C.1(a)

10.2C.1(b)

10.2C.1(c)

10.2C.2(b)

DELETED AFTER LINE 3

0014867

Design. However, after 31 July 1983, no decals or signs may be placed in service under this Section 10.6B.3., as it relatea to Marks, Trade Names or language in a continuation of the white border, and all such decals or signs must be removed not later than 31 July 1985, except in a country where there is only one Issuer. This exception shall terminate six months after the acceptance of another Issuer in that country.

1. An Affiliate whose indigenous language is other than English may also place the Product Name in another language indigenous to the country of issuance underneath the stylized e Mark on the Electron Visa Decal provided prior approval of the word used as the indigenous language equivalent is obtained from the respective regional office of Visa International. Specifications for reproducuon of such an Electron Visa Decal will be provided by Visa International.

10.2B.2

10.2J.3

(Figure not displayed)

10.2B.2

10.2J.3

1. For reproductions in full color of a Classic Visa Card with the full Blue, White and Cold Bands Design, the account number and legends in the bottom band shall be blue. The embossed data to the bottom band shall be white. If the background against which such Classic Visa Card is depleted does not readily distinguish itself from the white border around such Classic Visa Card, the white border shall be outlined by a single thin blue line.
2. For reproduction in full color of all other Cards, if the background area in which a Card is depicted does not readily distinguish itself from the Card, the Card shall be outlined by a single thin line in a contrasting color. All embossing, including the account number, shall be shown in a contrasting color.

• The Visa and Bands Symbol and its component Marks: the Visa Wordmark and the Bands Design
• The Dove Design
• The Classic Wordmark
• The Electron Mark

  0014872

• The stylized "c," "p," and "é" Marks
• Any other Marks which Visa International may not adopt for use in connection with the Visa Card Program.

• The Plus Symbol
• The Plus System
• The Plus Design

  0014873

• Any other Marks which Visa International may adopt for use in connection with the Plus Program.

10.1D.2

10.1E.2

• Visa International determines that such use will not adversely affect the rights of Visa International with regard to the Marks, and

• Visa International has approved such use in writing.

0014874

• denote Visa or Plus Program services, and/or
• promote the Visa Card Program or Plus Program and/or
• promote an Affiliate's Visa Card Program or Plus Program.

10.1C

10.3K.5

• Cards
• Sales drafts
• polnt-of-transaction materials
• promotional goods or materials (printed or broadcast)

Any Affiliate using the Visa International Marks shall be responsible for and indemnify and hold Visa International harmless against any claims, loses, damages or liabilities arising from the distribution and/or use of the media specified above.

Prior written consent from the appropriate Regional Office shall be obtained with respect to:

• The manner of use of the Visa International Marks in connection with a proposed sponsorship. This applies to all Affiliate-initiated advertising, promotions, and public relations events, and
• the specific sporting musical, artistic or other event which the Affiliate proposes to sponsor.

10.1D.3

10.1D.4

10.1C

10.1D.3

• Sales drafts
• point-of-transaction materials
• promotional goods or materials (printed or broadcast)

10.6B

10.6B

10.6B.1

10.6B.2

• Until 30 March 1992, Figure 10.2-1 only
• Effective 1 April 1992, either Figure 10.2-1 or Figure 10.2-2
• Effective 1 July 1997, Figure 10.2-2 only

10.6B.3

0014877

black-and-white reproduction, the bottom hand and the Visa Wordmark appear in white.

• The colors in the Bands Design shall exactly match the blue and gold color swatches available from Visa International.
• The Visa Wordmark shall be printed blue in the specified style to match the blue band of the Bands Design.
• The final color shall always be evaluated by a visual comparison with the color swatches. Since the swatches fade with time, Affiliates should contart Visa International for new swatches each time new Cards or other applications are to be reproduced.
• If the background against which the Visa and Bands Symbol appears does not contrast with the white border, then the border shall be by a single, thin blue line.

• the top band, Visa Wordmark, the border line shall be 100% intensity
• the middle band 0% intensity, and
• the bottom band 30% intensity.

In a black and white reproduction, for example, the result would be a black, white and grey Bands Design.

10.6B.1

• the Trade Name of the Disbursing Affiliate immediately above the Visa and Bands Symbol; and
• a description of the acceptanre of Cards and the nature of the restrictions immediately below the Visa and Bands Symbol.

• The Marks Panel or the Marks Area,as applicable, shall have the same proportions as on the actual Card.
• All printing, including the Marks on the Marks Panel or the Marks Area, shall appear in the same relative size, position and type style as on the actual Card.

ARTWORK TO BE INSERTED

0014884

Figure 10.2-2 — Specifications for the Visa and Bands Symbol (Allowed Only through 1 July 1997)


 

ARTWORK TO BE INSERTED

• The embossed data, including the account number [which shall be appropriately shaded to indicate that it is embossed], shall appear in the area specified on the actual Card.
• Denotations of registration or other legends shall be used in accordance with the requirements for their use on Cards.

• The Bank of America NT & SA
• Any Affiliate which is the parent or subsidiary or an affiliate of the Bank of America NT & SA, or its parent
• Any Participant or agent Affiliate in California which is sponsored by the Bank of America NT & SA, its parent, a subsidiary, or an affiliate

In accordance with these Operating Regulations, "BankAmericard" will be considered a proprietary Mark of such Affiliate and may be used by the Affiliate in cojunction with the Visa Card Program Marks, in the same manner as other Affiliates use their own proprietary Marks.

0014886

as part of an Affinity Program approved by Visa International. Such a Marie shall not constitute an Acceptance Mark.

0014887

Symbol above the Visa Dove hologram or (ii) the Lower Marks Area consisting of the Visa Dove hologram above the Blue, White and Gold Bands Design Mark with the Visa Mark Visa and Bands Symbol.