Trademark Usage and Internet Compliance Policy
This trademark usage and internet compliance policy (“Policy”) applies to any distributor, retailer, or other reseller (collectively, “Resellers”) authorized by Bishop Distributing Co or any of its affiliates (“Company”) to sell or distribute any Company branded products.
Company owns all rights, title, and interest in and to the marks HOMECREST and BISHOP, with respect to various flooring products (the “Company Products”) and all marks, logos, designs, and other indicia of origin incorporating HOMECREST or BISHOP, in addition to all names and marks used and to be used in the future to identify product lines offered exclusively in connection with Company’s branded products, and all registrations and applications for registration thereof, the good will of the business associated therewith and symbolized thereby, and all rights appurtenant thereto (collectively, the “Company Trademarks”).
Company grants to Reseller a limited, royalty free, non-exclusive, non-transferable, non-sublicenseable right and license to display the Company Trademarks, as specified herein, solely for the purpose of Reseller’s advertisement, promotion, and sale of Company Products. Reseller acknowledges that all such use of the Company Trademarks shall be for the benefit of Company and that such use shall not create in Reseller any right, title, or interest in the Company Trademarks. All such advertisement, promotion, and sale must comply with this Policy, as may be modified from time to time. Reseller must use Company Trademarks and Company Product data in only the form and manner approved by Company and as described below:
- Use appropriate markings. The HOMECREST® trademark must appear with the “®” symbol directly next to the mark as shown. The BISHOP™ trademark must appear with the “™” symbol direct next to the mark as shown.
- Use authorized trademark form. The Company Trademarks must not be used in association with other trademarks. Examples of acceptable use of the Company Trademarks include the following:
- Attribute ownership to Company. Reseller must include on any materials used for the advertisement, promotion, or sale of Company Products, an attribution of Company’s ownership of its trademarks, as follows: “{HOMECREST, HOMECREST & Design logo, BISHOP, and BISHOP & Design logo} are trademarks of Bishop Distributing Co.” Reseller agrees not to alter, erase, deface, or obscure any such notice on anything provided by Bishop.
Reseller must identify and represent itself as a Company authorized Reseller on all materials used for the advertisement, promotion, or sale of Company Products. Such identification must be displayed as follows: “[Insert Reseller’s name here] is an authorized Reseller of Company Products.”
Reseller is strictly prohibited from selling Company Products via the Internet (i.e. ecommerce sales transactions). This prohibition includes, but is not limited to, the sale of any Company Products through Reseller’s own website(s) or any third-party site (e.g. eBay, Amazon, etc.), drop-ship accounts (e.g. Buy.com, Overstock.com, etc.), and classified sites (e.g. Craigslist.com, Facebook Marketplace, etc.) or any other similar online sale site. THE PURCHASE OF COMPANY PRODUCTS FROM ANY UNAUTHORIZED RESELLER OR VIA THE INTERNET WILL AUTOMATICALLY VOID ANY PRODUCT MANUFACTURER’S WARRANTY.
Reseller is strictly prohibited from publishing, posting, displaying, distributing, or advertising any Company Product pricing information on the Internet to the public. Reseller is also strictly prohibited from advertising on the Internet that a customer may “call for price” or “email for price,” or use similar language, with respect to Company Products. Reseller is strictly prohibited from setting up businesses, registering domain names, or social media user names that contain any Company Trademarks. Reseller will not, either directly or indirectly, adopt, use, register or attempt to register any other name, word, mark, design or logo that incorporates the Company Trademarks or is confusingly similar to the Company Trademarks in any jurisdiction.