Website Linking and Logo Usage Guidelines
Our Brand is clearly and unquestionably the most essential and irreplaceable intangible asset we have. Our Rock is a powerful, admired and recognized symbol that signifies relevance, expertise and strength. We need to make every effort to protect and nurture this asset on an ongoing basis. As such, protecting our name and our logo is fundamental to this effort. Therefore, Corporate Branding has been working with Technology Law and Intellectual Property Law to define and document guidelines and processes related to linking to or from Prudential business information on the Internet and use of our logo by third parties. Recently, Corporate Branding spoke with Roy Shulman in Technology Law and Maribel Figueredo in Intellectual Property Law about these Linking and Logo Usage Guidelines.
Website Linking Guidelines:
BC: We have a policy that discusses Posting and Maintaining Prudential Business Information on the Internet which states:
Employees and other parties are prohibited from posting, making available or providing a link to any Prudential-related content on the Internet, whether hosted by Prudential or a third party, unless approved by the head of the business or corporate department or their designee(s) after consultation with Law and, in the case of sales and marketing material, Compliance. This includes any business information (products, services, etc.), data, logos, service/trademarks, software, images or other information relating to Prudential.
In conducting their business, what do our employees need to understand about supporting this policy?
RS: Employees need to understand that before we pursue any linking agreements with a third party, we need to get confirmation that the link is not in violation of sales practice rules or other regulatory requirements. Virtually all links are for sales and marketing purposes, so Compliance and/or Marketing Review must be involved at the outset. Compliance and/or Marketing Review may decline a linking request; therefore, employees should not draft any contracts until they get this confirmation.
BC: How would employees determine if website links raise legal issues?
RS: First, an employee should obtain the URLs for both web sites that will have a linking relationship, the linking site and the linked-to site. Usually, linking is permissible and will not require a contract if the situation is calling for a non-branded (i.e., no logo), plain text link to a home page, so long as the website has no conflicting legal terms, and content on the linked-to site is not framed.[1]
Then, the employee should consider the following 6 questions:
- Is the link to a home page or to a page deeper in the linked-to site?
- If this will be a “deep link”, does the link circumvent a revenue stream on earlier pages for the web site owner? Look for advertising on the home and interim pages.
- Will the link itself be a logo, slogan or plain text?
- Be certain you read the contents of the Third Party site to insure the site is appropriate for Prudential.
- Will there be any compensation for the link?
- What is the timing or duration associated with the link?
After answering these questions, the employee should determine which of the three linking request forms that were developed in collaboration with Corporate Brandin is appropriate, and then complete the form. The forms are available on Brand Central. These forms include:
- Request to Create a Link to Prudential’s Website Using a Plain Text Link from a Third Party’s Website
- Request to Create a Link from Prudential’s Website To a Third Party’s Website
- Request to Create a Link Using Prudential’s Logo as the Link from a Third Party’s Website
The completed form should be submitted to appropriate areas, i.e., Corporate Branding, Compliance and/or Marketing Review, and Technology Law, for approval prior to implementation of request.
Finally, the requesting Business Unit should monitor the site periodically during the term of the link, in case the site owner changes its terms of use and/or content. In the case of changed terms of use, the Business Unit should ask Technology Law to review the new legal terms; in the case of changed content, the responsible businessperson should determine if the link is still appropriate.
Logo Guidelines:
BC: An important objective of our Branding Strategy isto emphasize our Rock Prudential Logo, i.e. to optimize the positioning of our Rock Logo and maximize the value of this common thread across all of our businesses. How can employees help to protect our Brand?
MF: Our Brand, visually represented by our logo, is a corporate asset that we must all protect. An important way we protect this asset is to closely monitor the manner in which we authorize third parties to use our logo, and to ensure that we have appropriate license agreements in place that govern such uses. This responsibility is discussed in Prudential’s Policy entitled: “Company’s Brands, Logos and Taglines.”
BC: Most of us can think of everyday examples of third party requests to use Prudential's logo, or business unit needs to provide third parties with rights to use Prudential's logo as part of business transactions. What are the necessary steps employees need to take to allow third parties the right to use our logo?
MF: In collaboration with Corporate Branding, Intellectual Property Law has developed a Logo Usage Approval Form that must be completed and submitted to Corporate Branding by the Business Unit or Corporate Center seeking approval of a third party’s use of the logo. This form details various approval steps and requests information about the third party. If approved, a Logo License Agreement is required with the third party (or a logo license provision must be included in your overall agreement with that third party). The Logo License and license provisions in third party agreements describe the terms of use for our logo, such as details about a limited use period, required footnotes, acknowledgement of Prudential's ownership, and more. The Business Unit or Corporate Center requesting use of our logo by a third party is responsible for ensuring the appropriate written license terms are in place before the third party uses our logo, and establishing supervisory procedures to ensure that third party use complies with the license terms during the term of the license, including our Logo Standards (now conveniently located on Brand Central). The Intellectual Property group can provide employees with the necessary Logo Licenses and license provisions for their general agreements with third parties.
Request to create a linking relationship or to have a logo used by a Third Party.
Please print the appropriate form below for Website linking arrangements and third party use of our logo.
Request to Create a Link to Prudential’s Website Using a Plain Text Link from a Third Party’s Website
Request to Create a Link from Prudential’s Website To a Third Party’s Website
Request to Create a Link Using Prudential’s Logo as the Link from a Third Party’s Website
Request for Use of the Rock Prudential Logo by a Third Party
Request to Create a Link to Prudential’s WebsiteUsing a Plain Text Link from a Third Party’s Website
1) To be completed by requesting Business Unit sponsorDate of Request
Business Unit Submitting Request
Business Unit Contact (name, location, phone number)
Explanation of why Business Unit is requesting the linking arrangement
Name of Third Party
Third Party Street Address, Phone Number and Email Address
Due diligence on third party and its website (legitimate/ethical) / Please describe:
Specify the Prudential web page that will be linked to and the URL of the Third Party site / Home Page / If this is a deep link, would a user be circumventing a revenue stream?
Deep Link / Will link go to a password-protected page (if yes, must contact the Information Security Office)
URL of Third party site:
Term/duration of link*
Is money being exchanged for the link?
Approval by VP of Business Unit /
Signature:
/Date:
2)
/Signatures Required
/Date
Review by Information Security Office (if needed)Review by Corporate Branding (if needed)
3)
/Signatures Required
/Date
Review by Compliance and/or Marketing Review (if advertising or sales-related material) /Compliance:
Marketing Review:
4) Technology Law
/Signature:
/Date:
Review by Technology LawDate
/Date
Contract required /YES
/NO
Contract executed /YES
/NO
Monitor third party website regularly during the term of the link for changes in terms of use (if so, please contact Law).
Request to Create a Link from Prudential’s Website To a Third Party’s Website1) To be completed by requesting Business Unit sponsor
Date of Request
Business Unit Submitting Request
Business Unit Contact (name, location, phone number)
Explanation of why Business Unit is requesting the linking arrangement
Name of Third Party
Third Party Street Address, Phone Number and Email Address
Due diligence on third party and its website (legitimate/ethical) / Please describe:
Specify the Prudential web page that will contain link to the Third Party site and the URL of the site / Prudential page / If this is a deep link, would a user be circumventing a revenue stream?
Third party page
Term/duration of link*
Is money being exchanged for the link?
Approval by VP of Business Unit /
Signature:
/Date:
2) If needed
/Signatures Required
/Date
Review by Corporate Branding (if needed)3)
/Signatures Required
/Date
Review by Compliance and/or Marketing Review (if advertising or sales-related material) /Compliance:
Marketing Review:
4)
/Signature:
/Date:
Review by Technology LawDate
/Date
Contract required /YES
/NO
Contract executed /YES
/NO
Monitor third party website regularly during the term of the link for changes in terms of use (if so, please contact Law).
Request to Create a Link Using Prudential’s Logo as the Link*from a Third Party’s Website
1) To be completed by requesting Business Unit sponsor
Date of Request
Business Unit Submitting Request
Business Unit Contact (name, location, phone number)
Explanation of why Business Unit is requesting the linking arrangement
Name of Third Party
Third Party Street Address, Phone Number and Email Address
Due diligence on third party and its website (legitimate/ethical) / Please describe:
Specify the Prudential web page that will be linked to and the URL of the third party site containing the logo link / Prudential page / If a deep link, would a user be circumventing a revenue stream?
Third party page / Will the link go to a password-protected page? If so, contact Information Security Office**
URL:
Term/duration of link*
Is money being exchanged for the link?
Approval by VP of Business Unit /
Signature:
/Date:
2)
/ Signatures Required / DateReview by Corporate Branding (Required)
Review by Information Security Office**
3)
/Signatures Required
/Date
Review by Compliance and/or Marketing Review (if advertising or sales-related material) /Compliance:
Marketing Review:
4)
/Signature
/Date
Review by Technology LawDate
/Date
Linking agreement and logo license required /YES
/NO
Linking agreement and logo license executed /YES
/NO
Monitor third party website regularly during the term of the link for changes in terms of use (if so, please contact Law).
*Whenever a logo is used as a link, an appropriate contract is required.
Request for Use of the Rock Prudential Logo by a Third Party1) To be completed by requesting Business Unit or Corporate Center sponsor
Date of Request
Business Unit or Corporate Center Submitting Request
Business Unit or Corporate Center Contact (name, location, phone number)
Name of Third Party
Third Party Street Address, Phone Number and Email Address
Reason for request from Third Party
Description of request including timing and duration.
Explanation of why Business Unit or Corporate Center is supporting the request by Third Party
Approval by VP of Business Unit or Corporate Center /
Signature:
/Date:
2) /DATE
/DATE
Corporate Branding Approval /YES
/NO
3) /Signatures Required
/DATE
Review by Compliance and/or Marketing Review (if advertising or sales-related material) /Compliance:
Marketing Review:
4) /IP Law Signature Required
/DATE
Business Unit or Corporate Center contacts IP Law for logo license or logo license provision for overall agreement with Third Party.Business Unit or Corporate Center returns a copy of executed logo license or agreement containing logo license provision with this Request Form to IP Law* /
Business Unit or Corporate Center Signature Required
/DATE
*Note: Business Unit or Corporate Center is responsible for monitoring Third Party’s compliance with terms of logo license, including cessation of use when license term ends.
[1]* Framing refers to the process whereby one web site can be visited while remaining in a previous web site. Thus, while still appearing to be at Company A’s site (the original linking site), one could have traveled to Company B’s site (the linked-to site), which would appear inside the “frame” of Company A’s site.