|Broan-NuTone's TRADEMARK USAGE
& LEGAL INFORMATION
Applicability of Broan-NuTone's Trademark Usage
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
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
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
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 owners.
Note: The blank space should be a list of all Broan-NuTone
Marks that appear in that particular piece.
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
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
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
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
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.