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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.
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
Steve Swenerton, at 1-800-548-0790.
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