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.

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.

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.