SCOSCHE INDUSTRIES, INC., (“BRAND”) hereby adopts this Reseller Brand Protection Policy (“Policy”) in order to protect its trademarks, service marks, certification marks, logos, and copyrighted material and prevent consumer confusion. BRAND requires that each authorized person or entity (a “Reseller”) that purchases BRAND products (the “Products”) for resale or other distribution MUST obtain a Letter of Authorization (LOA) or Sign an authorized Dealer agreement directly with the BRAND and agree to comply with this Policy. Any unauthorized or improper use of BRAND’s trademarks may constitute infringement and unfair competition in violation of federal, state, and international laws. If you are an authorized BRAND Reseller, please consult your BRAND agreement for specific additional requirements applicable to your use of BRAND’s trademarks.
Reseller may use BRAND trademarks consisting of word marks (and, if authorized as stated below, logos, graphics, and taglines) to identify BRAND products, services, and programs on packaging, promotional, and advertising materials, provided Reseller complies with the following guidelines:
- 1. General Trademark Guidleines
- a. Reseller may not include any BRAND trademark in its company name, product or service name, or domain name.
- b. Reseller may use BRAND logos and taglines only if licensed by BRAND under a separate licensing agreement.
- c. Reseller’s company or product name may not be confusingly similar to any BRAND trademark and Reseller may not use BRAND trademarks in any manner that directly or indirectly implies BRAND sponsorship, affiliation, certification, approval, or endorsement of Reseller or its products.
- d. Reseller may not shorten, abbreviate, or modify any BRAND trademark.
- e. Reseller should include the following trademark attribution statement when it uses BRAND trademarks: “[List of marks used] are trademarks of BRAND.”
- f. Reseller shall sell Products in their original packaging and may not remove or modify any labels, specifications, images, advertising and/or any other content related to the Products.
- 2. No Resale on Online Marketplaces. Reseller may not advertise or sell the Products on any third-party online marketplace or to any distributors or resellers for further sale or distribution on any third-party online marketplace without BRAND’s written consent.
- 3. Reseller’s Company Brand. Resellers may use the BRAND name, or any factual phrase, to describe their product line, as in for example: "We sell BRAND products," provided that the statement is true. Reseller must lead with its own company brand and cannot lead with the BRAND name. Reseller is not permitted to use the BRAND name in a manner that would lead consumers to believe that Reseller has an association or affiliation with BRAND that does not exist.
- 4. Compliance with BRAND’s Policies. Reseller may not engage in any unfair business practices, false advertising, or fraud or modify BRAND’s warranty. Every reseller for BRANDS products must enter into a Letter of Authorization or an Authorized Dealer Agreement with BRAND. All other sales are unauthorized and prohibited and will void the warranty upon resale, as the BRAND’s warranty is not transferable when sold by an unauthorized reseller.
- 5. Copyrights. Use of BRAND’s copyrighted material is strictly prohibited without prior approval from BRAND. Such materials include, but are not limited to, content and text displayed on BRAND’s website, mobile applications, or other documentation, photographs, diagrams, videos, images, and sound clips. If authorized, Reseller’s use of BRAND’s copyrighted material must be accompanied by BRAND’s copyright notice.
This Policy is incorporated into any contract entered between BRAND and Reseller with respect to Reseller’s purchase or sale of the Products. In the event of a conflict between the applicable agreement and this Policy, the terms of the agreement will control. BRAND may amend this Policy at any time. BRAND reserves the right to prohibit any use of its trademarks that BRAND, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder.