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
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
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.
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
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.
__________ is a trademark of Broan‑NuTone, LLC, its subsidiaries and
affiliates. All other brands may be trademarks of their respective
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."
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.