BROAN‑NUTONE'S TRADEMARK USAGE
POLICY & LEGAL INFORMATION
Applicability
of Broan‑NuTone's
Trademark
Usage Policy
Broan‑NuTone's
trademark
usage policy
("Policy")
applies to
any distributor,
retailer,
or other
re‑seller
(collectively
referred
to as "Reseller(s)")
authorized
by Broan‑NuTone
to sell or
distribute "Broan" and/or "NuTone" brand
products.
Explanation
of Broan‑NuTone
Trademark
Usage Policy
Proper use
of trademarks
is important. Trademarks
are proper
terms that
identify
the products
and services
of a business
and distinguish
them from
products
and services
of other
businesses
or economic
endeavors. The
Policy is
comprised
of a number
of specific
rules. Most
of those
rules reflect
the overarching
requirement
that a Reseller's
use of Broan‑NuTone's
trademarks
must be non‑confusing
and non‑disparaging. By
non‑confusing,
Broan‑NuTone
means that
customers
should always
know with
whom they
are dealing
when they
buy or consider
buying products
or services. By
non‑disparaging,
Broan‑NuTone
means that,
outside the
bounds of
fair use,
a Reseller
cannot use
our trademarks
as vehicles
for defaming
Broan‑NuTone
or sullying
its reputation.
Trademarks/Reservation
of Rights
Broan‑NuTone
is the owner
of all rights,
title and
interest
in Broan,
Broan‑NuTone
and NuTone
trademarks
listed in
the Broan‑NuTone
Trademark
List and
corresponding
logos, images,
artwork and
marketing
materials
(the "Broan‑NuTone
Mark(s)"). The
Broan‑NuTone
Trademark
List is available
at the attached
link and
copies are
available
upon request. Broan‑NuTone
may modify
the Broan‑NuTone
Marks at
any time
in its sole
discretion. All
goodwill
resulting
from use
of the Marks
shall inure
solely to
Broan‑NuTone's
benefit.
The attached
Trademark
List reflects
registration
status in
the United
States. Please
note that
it is illegal
to use the ® symbol
unless the
mark is registered
in the appropriate
national
Patent and
Trademark
Office. Please
refer to
the Broan‑NuTone
Trademark
List periodically
to ensure
your compliance
with the
Policy.
Broan‑NuTone
may modify
the Policy
from time
to time in
its sole
discretion,
and will
provide notice
to Reseller
of any modifications
to the Policy. Broan‑NuTone
will enforce
the Policy
in its sole
discretion. There
are no third‑party
beneficiary
rights to
this Policy. Any
failure by
Broan‑NuTone
to require
compliance
with any
provision
of the Policy
will not
operate as
a waiver
to request
strict compliance
in the future.
Restrictions
Unauthorized
use of
Broan‑NuTone
Marks is
strictly
prohibited. No
Reseller
may reproduce
or use
(or authorize
the reproduction
or use
of) the
Broan‑NuTone
Marks in
any manner
other than
as expressly
authorized
by Broan‑NuTone.
Reseller
will not
acquire any
interest
in any Broan‑NuTone
Mark and
will use
such Marks
only as instructed
by Broan‑NuTone. Reseller
is granted
the right
to use the
Marks authorized
by Broan‑NuTone
solely for
advertising,
promoting,
packaging
and selling
Broan‑NuTone
products
in accordance
with the
terms of
this Policy. Reseller
shall not
register
or allow
any other
party to
register
any of Broan‑NuTone's
Marks or
any mark
or name closely
resembling
or confusingly
similar to
them in any
jurisdiction. Reseller
shall not
challenge
or assist
others in
challenging
Broan‑NuTone
Marks or
the registration
thereof. Websites
that are
not produced
by Broan‑NuTone
should not
imply, either
directly
or by omission,
that they
are owned
or controlled
by Broan‑NuTone.
Broan‑NuTone
may request
and Resellers
will provide
samples of
any marketing,
advertising,
or other
material
that includes
the Broan‑NuTone
Marks from
time to time.
Always
Use Broan‑NuTone
Marks As
Proper
Adjectives
A trademark
is an adjective
and should
not be used
as a verb
or noun or
in the possessive
or plural
forms. Every
Broan‑NuTone
Mark should
be followed
by a generic
term. As
a minimum
requirement,
use the generic
term after
the Broan‑NuTone
Mark at least
once in each
written communication
and, when
appropriate,
in broadcast
matter the
first time
the Broan‑NuTone
Mark appears.
Example: Broan‑NuTone® intercoms
Do Not Alter Broan‑NuTone Marks
When using
a Broan‑NuTone
Mark, never
vary the
spelling,
add or delete
hyphens,
make one
word two,
or use a
possessive
or plural
form of the
Mark. Do
not abbreviate
a Broan‑NuTone
Mark to create
an acronym.
Use
the Correct
Symbol
When using
a Broan‑NuTone
Mark in text
form, always
use the correct ® or ™ symbol,
as indicated
on the Trademark
List, on
the most
prominent
occurrence
of the Mark. If
no Mark is
prominent,
use the correct ® or ™ symbol
on the first
occurrence
of the Mark. Once
a Broan‑NuTone
Mark is correctly
attributed
on a document
or web page,
it is not
always necessary
to mark subsequent
appearances
of the Broan‑NuTone
Mark.
Use
Footnotes
for Correct
Attribution
Attribute
Broan‑NuTone
Marks in
a footnote
as follows.
Example:
__________
is a trademark
of Broan‑NuTone,
LLC, its
subsidiaries
and affiliates. All
other brands
may be trademarks
of their
respective
owners.
Note: The
blank space
should be
a list of
all Broan‑NuTone
Marks that
appear in
that particular
piece.
Domain
Names,
Websites
and other
Internet
Content
Broan-NuTone
does not
authorize
the use of
any Broan-NuTone
trademark
in any top
level domain
name or sub-domain,
or any similar Uniform
Resource
Locator (URL)
for any reason. Registration
and use of
an domain
name or sub-domain
containing
any Broan-NuTone
trademark
is therefore
a violation
of this Policy. Resellers
that utilize
the Internet
to sell Broan-NuTone
products
should ensure
that each
page of their
website,
and any emails
sent to customers
or prospective
customers,
comply with
the terms
and conditions
of this Policy
AND any and
all federal,
state or
international
laws as they
pertain to
conducting
business
on the Internet
or through
email.
For the
clarification,
a "domain
name" consists
of any top
level domain
name. For
example:
www.BroanNutone.com.
A "sub-domain
name" is
part of a
top level
domain name. For
example:
www.fans.broannutone.com. The
word "fans" would
be considered
the sub-domain name
for the root
domain name "BroanNutone.com."
Logo
Sizing
When using
the Broan‑NuTone
Marks on
a website
that is not
owned or
operated
by Broan‑NuTone,
the size
and prominence
of the Broan‑NuTone
Marks should
not confuse
consumers
or mislead
consumers
into believing
that the
website is
owned or
operated
by Broan‑NuTone.
Infringement
by Third
Parties
Reseller
shall promptly
notify Broan‑NuTone
if it learns
of any third‑party
infringement
or threatened
infringement
of Broan‑NuTone
Marks. Broan‑NuTone
shall control
any enforcement
against such
infringement
or threatened
infringement
in its sole
discretion.
Third
Party Trademarks
Some authorized
Broan‑NuTone
Resellers
also sell
products
manufactured
by third
parties that
are not affiliated
with Broan‑NuTone. When
doing so,
Reseller
must not
use the Broan‑NuTone
Marks to
market, promote
or attract
sales to
other third
party products. On
websites
that sell
products
manufactured
by both Broan‑NuTone
and third
parties,
Reseller
must clearly
identify
the manufacturer
of any such
product.
OUR COMPLIANCE WITH THE CALIFORNIA TRANSPARENCY IN
SUPPLY CHAINS ACT OF 2010
On January 1, 2012, the California Transparency in Supply Chains Act of 2010 (the “Act”) will go into effect in the State of California generally for retail sellers and manufacturers doing business in California, which have worldwide gross receipts of more than $100,000,000. The Act was designed to increase the amount of information made available by retailers and manufacturers regarding their efforts to address the issue of slavery and human trafficking, thereby allowing consumers to make better, more informed choices regarding the products they buy and the companies they choose to support. We believe that workers at our facilities and our supplier facilities have the right to freely choose employment and not be subject to exploitation as a condition of employment. Slavery and human trafficking can take many forms, including forced and child labor. We plan to increase our efforts to ensure and verify the absence of forced labor and child labor in our supply chain.
First, we are in the process of preparing a new Code of Conduct for Suppliers (“Supplier Code of Conduct”), which should be finished in 2012. We plan to distribute this Supplier Code of Conduct to our major suppliers and we plan to encourage them to comply with it. We seek to proactively combat this problem by holding our business partners accountable to take greater social responsibility for their participation in the global economy. As part of the collaborative effort to ensure forced labor and human trafficking does not occur in the supply chain, we also plan to safeguard against violations of local law. Our Supplier Code of Conduct requires our suppliers affirm that their materials incorporated into their products comply with the local laws regarding forced labor and human trafficking of the respective country or countries they conduct business in.
If a supplier rejects the Supplier Code of Conduct, we will emphasize that we will not tolerate serious or repeated violations and can terminate the relationship if needed. Terminating a contract may result in the loss of jobs, so we prefer to collaborate with suppliers to improve worker conditions wherever possible. We have not yet determined to what extent, and in what manner, our Supplier Code of Conduct will provide for us or for third parties to audit our suppliers’ compliance.
Second, our employees are bound by a company-wide Code of Ethics that requires them to obey all laws, including laws against forced labor and human trafficking. In addition, we plan to train existing employees as well as new hires, who are responsible for supply chain management on how to identify and respond to forced labor and human trafficking.
We want to be a company known for ethical leadership, a company where employees are proud to work and a company with which customers and suppliers want to do business. We gain trust by treating others with integrity, respect, and fairness. We must continue to demonstrate these values every day and in all our interactions, one day at a time.
The office of the General Counsel at our parent company, Nortek, Inc. www.nortek-inc.com, is responsible for overseeing our program. We will continue to strengthen our awareness program to keep compliance mind.
Non‑Compliance
with Policy
If a Reseller
does not
fully comply
with the
Policy, Broan‑NuTone
may elect
to: (a) terminate
the Reseller's
access to
Broan‑NuTone's
Marks, (b) suspend
or end the
Reseller's
participation
in Broan‑NuTone
Reseller
programs,
(c) refuse
to ship Broan‑NuTone
products
to the Reseller,
(d) refuse
to do business
with the
Reseller,
and/or (e) terminate
or non-renew
Reseller
as an authorized
Broan‑NuTone
Reseller.
Questions
or Comments
If Reseller
has any questions
or comments
about the
Policy, please
contact Broan-NuTone's
Internet
Marketing
Manager,
at 1‑800‑548‑0790.
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