GENERAL POLICY FOR PROMOTING AND SELLING Co.House Designs, LLC PRODUCTS
Co.House Designs, LLC (“Co.House”) is interested in conducting business primarily with qualified, authorized retailers (“Retailer” or “Retailers”) who will stock, display, promote, sell and service products in “brick and mortar” retail store locations within their own market areas. Notwithstanding this fact, the conduct of commerce over the internet is rapidly expanding and Co.House understands that certain of its retailers may wish to market and/or promote Co.House products on their individual retailer websites. As a result, Co.House has developed and implemented the following policy regarding the advertisement and marketing of Co.House products on the internet.
Retailers may advertise on their websites to their local markets the availability of Co.House products in their stores pursuant to adherence to the following terms.
- Intellectual Property: Co.House owns all “Intellectual Property” related to the products it sells and distributes. The term “Intellectual Property” includes, but is not limited to, the following: a) all copyrights and other rights of any kind or nature in any form or medium of expression; b) all trade secrets, trade dress and any other protection for artistic expression; c) patents and patent applications; d) any items, artwork or other matters which are protectable or may properly be registered or protected under any copyright, patent, trade secret, confidentiality agreement or other similar laws; and f) any other similar rights or interests recognized by applicable laws, related to, or associated with Co.House products.
- Co.House grants a non-exclusive, non-transferrable, and limited license to authorized retailers to utilize Co.House names and other Intellectual Property for purposes of advertising and promoting Co.House products on the internet. This license may be withdrawn at any time by Co.House.
- Internet Minimum Advertised Price ("MAP”): Retailers are free to advertise and sell approved Co.House products online for any price they choose, provided that the “Advertised Price” is at or above the MAP established and maintained by Co.House. Co.House will provide Retailers with its then-current MAP list.
- Retailers must maintain good financial standing with Co.House.
- Copying HTML or other code from Co.House websites for use on any other website is prohibited.
- Using deceptive language, which implies that a Retailer has greater rights or privileges from Co.House than actually granted or greater than other Retailers is prohibited.
- Retailers must keep Co.House advised of all URLs they utilize to display, advertise or market Co.House products.
- Promotional information must be professional and shall not contain any language which is defamatory, racist, sexist, bigoted, profane, prone to incite violence, crude or otherwise unprofessional, as deemed by Co.House.
- Retailers must comply with all other applicable Co.House policies and may only advertise Co.House products they are authorized to sell.
- Retailers may not advertise or display Co.House products or images on any auction site or comparative shopping site, such as EBay, Yahoo auctions, Nextag, Calibrex, Craigslist or any similar website. Sales of Co.House products online through auctions or reverse auction sites of any kind are expressly prohibited.
- Co.House reserves the right to modify or amend these conditions at its discretion.
- Retailers will indemnify, defend and hold harmless Co.House from and against all costs, damages, claims (threatened or actual) and expenses, including reasonable attorneys’ fees, which may arise, develop or derive in any way from retailer’s website or unauthorized use of Co.House Intellectual Property on the internet.
- Co.House reserves the right to withdraw approval for the display, advertisement, promotion or sale of Co.House products on a website by any Retailer at any time for any reason or for no reason, at the sole discretion of Co.House. Upon notice of such revocation of approval, the affected authorized retailer will immediately remove any objected-to Co.House Intellectual Property or information regarding Co.House products from the internet website.
- Co.House reserves the right to restrict products/collections from internet exposure on a limited or comprehensive basis.
- Retailers may not enter into any internet marketing partnerships, joint ventures or relationships for the marketing, advertisement, sale or distribution of Co.House products on the internet without prior written approval by the senior management of Co.House. Co.House reserves the right to prohibit such relationships at its sole discretion.
- Retailers must also meet consumers’ reasonable after- sale expectations by providing appropriate and reasonable follow-up warranty service.
- Any violation of these terms may result in the revocation of the Retailer’s authorization to advertise Co.House’s products or the immediate termination of Co.House and the Retailer, depending on the severity.