Air Conditioning Division Internet Policy
Rheem Manufacturing Company (“RMC”) in conjunction with Rheem Sales Company, Inc., Rheem Air Conditioning Division (collectively, hereafter “RSC/ACD”), is committed to delivering high quality products and services to distributors and dealers. Our top priority is to help our distributors/dealers grow and improve their businesses, while at the same time strengthening our business relationships with them. RSC/ACD recognizes that the Internet has become a valuable tool for our distributors and dealers to provide a variety of important consumer information (i.e., warranties, consumer financing options, other product details, etc.) and distributor and dealer support. The Internet is a tool that is becoming increasingly important within our industry as product-related websites have already become the preferred method of many consumers for conducting HVAC brand and product pre-purchase research.
RSC/ACD, however, has become increasingly aware of companies who are violating the intellectual property rights belonging to RSC/ACD as well as RSC/ACD’s policies prohibiting the sale of RHEEM HVAC products directly to consumers via the Internet. Examples include:
- The unauthorized and improper use of RSC/ACD Intellectual Property on the Internet, including its trademarks, logos or insignia, other source or business identifiers, and copyrighted product images and materials.
- The sale of RHEEM HVAC products via the Internet directly to consumers, either through websites operated by distributors/dealers and others, through Internet auction websites, or through similar online means.
- The operation of websites in a manner that gives the false impression that the website, or the manner in which RHEEM products are sold via the website, is approved, sponsored, or endorsed by RSC/ACD.
- The unauthorized registration and use of domain names incorporating RSC/ACD’s trademarks.
- The unauthorized purchase of keywords incorporating RSC/ACD’s trademarks from search engines, like Google and Yahoo!, so as to create “sponsored links” to promote a company’s web site and deceive unsuspecting shoppers into believing that the site is “factory authorized.”
- The unauthorized incorporation and use of RSC/ACD’s trademarks as metatags in the coding of a company’s web site so as to achieve a higher ranking in search engine results.
In response to the rapid emergence of these Internet-based concerns and to prevent consumer confusion that can result from improper or unauthorized use of RSC/ACD’s Intellectual Property, RSC/ACD has developed the following guidelines concerning Internet activities involving its products and intellectual property:
- It is inappropriate to offer for sale or to sell any RHEEM HVAC products direct to consumers over the Internet (i.e., without an in-house visit and inspection by a qualified, trained HVAC professional), including by means of a distributor’s own website, a dealer website, a third party website, an auction website, or otherwise. RSC/ACD does NOT authorize or warranty any Internet-based sale of RHEEM HVAC products direct to consumers, and the sale of RHEEM HVAC products directly to consumers over the Internet is strictly prohibited. This policy is necessitated by the complexities associated with proper product specification selection requirements, installation and proper handling techniques of HVAC equipment and the wide range of variables and safety concerns that directly impact the actual and perceived performance of RHEEM HVAC products.
- RSC/ACD recognizes and supports the “traditional” business model for the sale of its HVAC products to consumers. Such sales are properly made directly through a personal home inspection and onsite evaluation of the HVAC application by a trained and licensed HVAC contractor. RSC/ACD will generate online sales leads and consumer inquiries from RSC/ACD’s own websites and online activities. These leads will be distributed to distributors/dealers, as appropriate, for follow-up via our traditional business model.
- ALL RSC/ACD PUBLISHED WARRANTIES ARE VOID FOR ANY RHEEM HVAC PRODUCT PURCHASED DIRECTLY BY A CONSUMER OVER THE INTERNET BY MEANS OF A DISTRIBUTOR’S/DEALER’S OWN WEBSITE, A THIRD PARTY WEBSITE, AN AUCTION WEBSITE, OR OTHERWISE, IF SUCH PURCHASE IS MADE WITHOUT AN IN-HOME VISIT AND INSPECTION BY A TRAINED, QUALIFIED AND LICENSED (IN APPLICABLE JURISDICTIONS) HVAC PROFESSIONAL AFFILIATED WITH THE SELLER.
- If RSC/ACD distributors and/or dealers want to provide a link from its web site to a RSC/ACD web site, RSC/ACD distributors and/or dealers may use a textual URL. RSC/ACD distributors and/or dealers may not use RSC/ACD’s logos or any other graphic to link to a RSC/ACD web page or any of the RSC/ACD web sites, without prior, written permission obtained from Rheem Marketing Communications. All requests should be directed to permission@rheemac.com.
Trademark Online Usage
The use by RSC/ACD Distributors and Dealers of RSC/ACD’s Trademarks must be in compliance with the Trademark Guidelines set forth in Exhibit A and the “Rheem Sales Company, Rheem Air Conditioning Division Identity Use Guidelines for Advertising and Promotional Materials.”
Copyright Online Usage
The use by RSC/ACD Distributors and Dealers of RSC/ACD’s Copyrights must be in compliance with the Copyright Guidelines set forth in Exhibit B and the “Rheem Sales Company, Rheem Air Conditioning Division Identity Use Guidelines for Advertising and Promotional Materials.”
The guidelines set forth in this policy statement, including the two exhibits, apply to RSC/ACD distributors/dealers and any party acting through or on behalf of such distributors/dealers, including contractors. RSC/ACD reserves the right to object to any Internet activities involving its products and intellectual property, even if such activities are not expressly prohibited by these guidelines, and reserves the right to take all action necessary to ensure strict compliance with its guidelines. Further, these guidelines may be amended, restated, or supplemented at any time and in RSC/ACD’s sole discretion.
EXHIBIT A –
TRADEMARK ONLINE
USAGE GUIDELINES
- Express written permission need not be obtained from RSC/ACD for use of its trademarks (except for logos, slogans and taglines) to identify RHEEM products, services and programs on distributor and/or dealer web sites, provided such use complies with ALL of the following requirements:
- There is nothing in the use of RSC/ACD’s trademarks that would lead consumers to believe that there is an association with or endorsement by RSC/ACD that does not exist, and the trademarks are used only to refer to RHEEM products that are the subject of the display or advertisement on the distributor’s/dealer’s web site;
- Proper marking and attribution are used for all of RSC/ACD’s trademarks;
- A conspicuous disclaimer is used concerning the distributor’s/dealer’s relationship with RSC/ACD, e.g., “WE ARE A RECOGNIZED DISTRIBUTOR OF RHEEM SALES COMPANY”;
- RSC/ACD’s trademarks do not appear larger or more prominent than the remainder of the display on the web site, i.e., the distributor/dealer name and/or logo, product or service name and its graphics should be significantly larger than the reference to any of RSC/ACD’s trademarks;
- The distributor’s/dealer’s use is not obscene or pornographic and not disparaging, defamatory or libelous to RSC/ACD, any of its products or any other person or entity.
- When using RSC/ACD’s trademarks for the first time on a web page or site, RSC/ACD’s trademark should always be followed by the symbol ® (for a registered trademark) or the symbol ™ (for an unregistered trademark) or the symbol SM (for an unregistered service mark). RSC/ACD’s trademarks must always be used as adjectives followed by a generic term (e.g., “RHEEM® air conditioning and heating system”) and never as nouns or verbs. Distributors/dealers should always make sure to spell and capitalize RSC/ACD’s trademarks and never abbreviate any of RSC/ACD’s trademarks on its web site.
- An attribution statement should appear on each web page of the distributor’s/dealer’s web site when any of RSC/ACD’s trademarks are used. The following is an example:
The RHEEM® logo, RHEEM® trademarks and other Rheem logos and product and service names are trademarks or registered trademarks of Rheem Manufacturing Company, in the United States and/or other countries.
- RSC/ACD’s logos or trademarks in stylized form may be used only if a company is a recognized distributor/dealer of RHEEM products and its use complies with its terms and conditions of this policy. Under no circumstances may a distributor/dealer modify, distort or add to RSC/ACD’s logos or stylized trademarks.
- RSC/ACD has developed a number of trademarks (including word marks and logos) used in support of certain programs, such as the marks RHEEM TEAM®, CUSTOMER CARE TRAINED RHEEM TEAM® and RELAX. IT’S RHEEM®. If a company is not a recognized distributor/dealer in such programs and is not in good standing, it may not use the trademarks in word or logo form to claim or imply participation in such programs.
- It is inappropriate at any time to: (i) register a domain name incorporating any of RSC/ACD’s trademarks; (ii) purchase any of RSC/ACD’s trademarks as keywords with Internet search engines; or (iii) incorporate any of RSC/ACD’s trademarks as metatags in the coding of a company’s web site.
EXHIBIT B –
COPYRIGHT ONLINE
USAGE GUIDLELINES
- RSC/ACD makes available on its web site located at http://www.rheem.com and its related sites at http://www.rheemac.com, and http://www.rheemote.net (collectively “RSC/ACD web sites”), product information and photographs, documents, advertising copy, web site content and layout, images, files, text and graphics (collectively “Materials”) for distributor’s/dealer’s use, subject to certain terms and conditions. Except as expressly authorized by RSC/ACD, it is not appropriate to use any of these Materials in connection with any Internet web site, advertising, or other promotional activity or create derivative works based on the RSC/ACD web sites or their Materials or their selection and arrangement. Further, a distributor/dealer may not use any data mining, robots or similar data gathering and extraction methods in connection with any of the RSC/ACD web sites.
- Except as indicated to the contrary in these guidelines or on the RSC/ACD web sites, a distributor/dealer may link to, view, download and print the Materials available on the RSC/ACD web sites subject to the following conditions:
- A distributor/dealer may not remove or modify any copyright or other proprietary notices contained in the Materials;
- The Materials may not be modified or altered in any way;
- The Materials may not be sold, rented, leased or licensed to others; and
- RSC/ACD reserves the right to revoke the authorization to view, download and print the Materials available on the RSC/ACD web sites at any time and any such use shall be discontinued immediately upon notice from RSC/ACD.
- RSC/ACD product shots are complete images of RHEEM products. If your company is a recognized distributor/dealer, it may use product shots, without RSC/ACD’s written permission, in advertising, on documentation or on its web site, provided it adheres to ALL of the following guidelines:
- A distributor/dealer must include the following copyright attribution statement: “RHEEM product shot(s) reprinted with permission from Rheem Manufacturing Company.”
- A distributor/dealer may not alter the product shot in any way except to resize the entire product shot, i.e., its use must contain the entire product shot and any images contained within the product shot cannot be used independently of the entire product shot;
- The product shot is not the most prominent visual element on the material where the product shot is displayed, i.e., a distributor/dealer name and logo, its product and/or its graphics should be significantly larger than the product shot;
- d) A distributor/dealer may not use a product shot as a link to its web site or to a RSC/ACD web site;
- e) A distributor/dealer may not use a product shot in a comparative advertisement; and
- A distributor’s/dealer’s use may not be obscene or pornographic, and may not be disparaging, defamatory or libelous to RSC/ACD, any of its products or any other person or entity.
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