RESELLER BRAND PROTECTION POLICY
Intex Recreation Corp. (“BRAND”) hereby adopts this Reseller Brand Protection Policy (“Policy”) in order to protect Intex 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 Intex branded products (the “Products”) for resale or other distribution to agree to comply with this Policy. Any unauthorized or improper use of Intex’s trademarks may constitute infringement and unfair competition in violation of federal, state, and international laws.
Reseller may use Intex’s trademarks (but not logos or taglines) to identify Intex products, services, and programs on packaging, promotional, and advertising materials, provided Reseller complies with the following guidelines:
GENERAL TRADEMARK GUIDELINES
- Reseller may not include any Intex owned trademark in its company name, product or service name, or domain name.
- Unless Reseller is licensed by Intex under a licensing agreement, Reseller will not use Intex’s logos.
- Reseller’s company or product name may not be confusingly similar to any Intex owned trademark and Reseller may not use Intex’s trademarks in any manner that directly or indirectly implies Intex sponsorship, affiliation, certification, approval, or endorsement of Reseller or its products.
- Reseller may not shorten, abbreviate, or modify any Intex owned trademark.
- Reseller should include the following trademark attribution statement when it uses Intex’s trademarks: “[List of marks used] are trademarks of Intex Marketing Ltd.”
- 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.
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.
RESELLER'S COMPANY BRAND
Resellers may use the Intex name, or any factual phrase, to describe their business, as in for example: "We sell Intex products," provided that the statement is true. Reseller must lead with its own company brand and cannot lead with the Intex name. Reseller is not permitted to use the Intex name in a manner that would lead consumers to believe that Reseller has an association or affiliation with Intex that does not exist.
COMPLIANCE WITH BRAND'S POLICIES
Reseller must comply with BRAND’s warranty and customer support obligations as described in any applicable vendor/supplier agreement. Reseller may not engage in any unfair business practices, false advertising, or fraud or modify Intex’s warranty.
Use of Intex’s copyrighted material is strictly prohibited without prior approval from BRAND. Such materials include, but are not limited to, content and text displayed on the intexcorp.com and intexdevelopment.com websites, mobile applications, or other documentation, catalogs, photographs, diagrams, videos, images, and sound clips. If authorized, Reseller’s use of Intex’s copyrighted material must be accompanied by Intex’s copyright notice Intex Marketing Ltd – Intex Development Co, Ltd.
This Policy is incorporated into any contract entered into 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 this Policy will control. BRAND may amend this Policy at any time. BRAND reserves the right to prohibit any use of Intex’s trademarks that BRAND, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder.