Use of SNAP Name and Logo Trademark Agreement

Public Utility District No. 1 of Chelan County, Washington ("Chelan PUD") holds the registered trademark for the term SNAP – Sustainable Natural Alternative Power – and the unique SNAP logo. The word SNAP and associated logo were created in 2001 for Chelan PUD’s alternative renewable power programs. Both were registered with the state of Washington, effective August 17, 2001. Chelan PUD would like to encourage utilities to use the term SNAP and logo to expand a common point of identity and public awareness of locally produced solar, wind or micro-hydro generation sources. Public awareness is the first step in successful programs for increasing the use of customer-owned renewable power generation.

An electric utility qualifies to use the SNAP name and logo when it collects contributions from its customers (the "SNAP Purchasers") and pays 100 percent of this money to local customer-owned renewable generators ("SNAP Producers"). The amount local SNAP Producers are paid varies depending on the amount of local SNAP energy produced and the amount of SNAP Purchaser contributions collected in a given year. For example, if a SNAP Producer produces 10 percent of the locally produced solar, wind and micro-hydro energy generated, then that producer receives 10 percent of the total SNAP contributions made that year. SNAP Producers must be paid at least annually based in whole or in part from the SNAP payments.

The Agreement

Please read:

This is the official document from Public Utility District No. 1 of Chelan County, Washington, granting permission to use the term SNAP as well as camera-ready art for the official logo and related graphic standards for both color and black and white reproductions.  

In exchange for using the trademark SNAP (Sustainable Natural Alternative Power) name and logo without being charged a fee, signor agrees on behalf of the organization that he/she represents that use of the trademark SNAP name and logo will at all times satisfy the following requirements: 

Five key elements of SNAP

1.  100 percent of the SNAP money collected is paid to local alternative power producers, the SNAP Producers.

2.  SNAP Producers are paid based on the total amount of energy they produce as measured by a separate and dedicated utility-grade electric meter.  This SNAP power production meter is separate from a facility's existing consumption meter.

3.  SNAP Producers are limited to small (25 kW or smaller) solar, wind, geothermal, and/or micro-hydro installations.  These customer-owned and maintained electric generators must be located within the service territory that serves the customers contributing to the SNAP program. 

4.  The minimum rate that individual SNAP Producers are paid for their production is equal to the total SNAP Purchaser Contributions divided by the total SNAP energy produced by all the SNAP Producers during a given year.  However, the annual SNAP payment to Producers is limited to a specified amount per kWh (for example $1.50 per kWh).  Money received from SNAP Purchasers in excess of specified amount per kWh is kept in the SNAP program and added to the following year's SNAP contributions.

5.  SNAP Producers are responsible for meeting all of the electric utility’s electrical interconnection requirements, complying with all safety regulations, and obtaining all necessary permits and licenses.

Additional Terms and Conditions

6.  The trademark SNAP name and logo must be used together.  The following statement must be contained on the first page of any material containing the SNAP name and logo “SNAP (Sustainable Natural Alternative Power) and logo are a registered trademark of Public Utility District No. 1 of Chelan County, Washington and are used here with permission.”  

7.  Applicant may not modify the SNAP name or logo without advance, express permission in writing from Chelan PUD.  Applicant agrees not to adapt any mark in the future which is confusingly similar to the trademark SNAP and logo or to register any trademark similar to the trademark SNAP and logo.  In the event the Applicant learns of any infringement or passing off of the trademark SNAP and logo, Applicant will notify Chelan PUD immediately of such unauthorized use.

8.  Applicant acknowledges and agrees that the trademark SNAP and logo have considerable value to Chelan PUD and that improper or unlawful use of the trademark will result in irreparable harm to Chelan PUD for which injunctive relief is an appropriate, but non-exclusive, remedy.

9.  Applicant promises to Chelan PUD that it will at no time ever challenge the validity of Chelan PUD’s SNAP trademark. 

10.  Applicant grants to Chelan PUD, the right to audit the applicant’s use of all materials related to the SNAP name or logo to assure compliance with this agreement.  Applicant agrees to maintain for the duration of this agreement all items to which the SNAP name or logo are attached.

11.  Either party may terminate this agreement at any time by mailing notice to the other.  

12.  APPLICANT AGREES TO INDEMNIFY, DEFEND AND HOLD CHELAN PUD HARMLESS FROM ANY ACTION, CLAIM, DEMAND OR LIABILITY, INCLUDING ATTORNEYS’ FEES, SETTLEMENTS AND APPEALS RELATED TO APPLICANT’S USE OF THE SNAP NAME OR LOGO. APPLICANT AGREES THAT CHELAN PUD SHALL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM THROUGH COUNSEL OF ITS OWN CHOOSING AT CHELAN PUD’S EXPENSE.  

13.  This agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the state of Washington.  Venue for all disputes related to this agreement shall be in Chelan County, Washington or the United States District Court for the Eastern District of Washington.  All disputes related to this agreement shall be resolved without a jury.  In the event Chelan PUD seeks injunctive or other equitable judicial relief for the failure of applicant to comply with its obligations to Chelan PUD under this agreement, applicant agrees not to challenge such action on the basis that monetary damages would be a sufficient remedy.

14.  Nothing contained in this agreement shall be construed to create an association, joint venture, trust, or partnership. Neither party, by virtue of this agreement, is authorized as an agent, employee or legal representative of the other.

15.  Chelan PUD retains all right, title and interest in the SNAP name and logo.  Any right not expressly granted to applicant in this agreement is hereby expressly reserved by Chelan PUD.

16.  Applicant shall not assign any of its rights or obligations under this agreement to any other entity.

17.  This agreement contains the entire understanding of the parties.  There are no oral agreements.

Before using the SNAP name and logo, you must complete the required fields below and click on the I AGREE button.

A copy of the above agreement will be emailed to you automatically.

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