Broan-NuTone's TRADEMARK USAGE POLICY
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.
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.
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 Steve Swenerton, at 1-800-548-0790.
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