AUTHORIZED E-Commerce RE-SELLER POLICY

Authorized E-Commerce Re-Seller Policy

AUTHORIZED E-COMMERCE RE-SELLER POLICY

Broan-NuTone LLC, on behalf of itself and its subsidiary Venmar Ventilation ULC, ("Broan-NuTone") is one of the premier residential product companies in the world. Broan-NuTone is committed to working with customers to facilitate the sale of Broan-NuTone Products through e-commerce channels. Broan-NuTone maintains an Authorized e-Commerce Reseller Policy to protect Broan-NuTone’s brand and intellectual property, as well as authorized channel partners. This policy is also in place to protect end consumers, ensuring they receive accurate product information, pricing, and warranty protection that meets Broan-NuTone standards. Finally, the policy works to ensure fair competition among resellers as well as supporting those who have invested in stocking and marketing Broan-NuTone products and abide by Broan-NuTone’s policies. Broan-NuTone will interpret and enforce this policy at its sole discretion and this policy applies to all Authorized Resellers. In order to be considered an Authorized e-Commerce Reseller (“Authorized Reseller”) and maintain Authorized Reseller status, you must meet the following requirements:

Register with Broan-NuTone

Reseller must provide Broan-NuTone with a completed registration form, as provided by Broan-NuTone, to receive authorization and provide ongoing and current website details where sales will take place and contact information, consistent with the terms of this Policy. This form will be submitted to authorizedreseller@broan.com and must be updated anytime contact information or website details change.

Follow all Terms and Conditions of Sale

All sales of products from Broan-NuTone to Authorized Reseller shall be done in accordance with all Broan-NuTone Terms and Conditions of Sale, as posted on its website (https://www.broan-nutone.com/en-us/home/suppliernet/terms-and-conditions-of-sale ), unless a separate written agreement is entered into between Broan-NuTone and Authorized Reseller.

Additionally, Authorized Reseller will not ship, sell, market, invoice or promote products outside of the United States or Canada without obtaining Broan-NuTone’s prior written consent.

Sell on Approved Websites Only

Unless otherwise explicitly authorized in writing by the Authorized Reseller Administrator, Authorized Resellers may only list and take orders via websites owned and operated by their own company and on general marketplace sites, excluding Amazon.com or Amazon.ca., only after such sites are noted to Broan-NuTone’s Authorized Reseller Administrator through the registration form.

Authorized Resellers that have been direct customers with Broan-NuTone for at least two (2) years and who purchase at least two hundred thousand dollars ($200,000) worth of product from Broan-NuTone annually and follow all required policies of Broan-NuTone may also list products for sale under their company name or disclosed alternative storefront names as provided to and approved by Broan-NuTone’s Authorized Reseller Administrator via the registration form.

Maintain Accurate Brand & Product Information

Maintain proper use of all Broan-NuTone trademarks consistent with the Trademark Policy, as posted on Broan-NuTone’s website (https://www.broan-nutone.com/trademark).
Sell product only in original packaging without alteration.
Do not duplicate or develop different UPCs to differentiate a product.

Sell Only to End Users

Only resellers purchasing products directly from Broan-NuTone or an authorized Broan-NuTone distributor are authorized to resell products through ecommerce in accordance with this policy.

Authorized Resellers should not sell Broan-NuTone products to other ecommerce resellers. Sales should only occur to end users of products in a quantity of the products not greater than that generally purchased by an individual for personal use. Broan-NuTone recognizes that sales to ecommerce resellers may inadvertently occur from time to time. Therefore, in the event you inadvertently transact with other ecommerce resellers, you must disclose the details of those transactions (e.g., when and to whom such products were sold) to the Authorized Reseller Administrator so that Broan-NuTone may enforce this policy.

Resellers transacting Broan-NuTone products through ecommerce that did not procure the product from Broan-NuTone directly or an authorized Broan-NuTone distributor are not authorized to sell Broan-NuTone products online or use Broan-NuTone trademarks, copyrights, images or product information. Broan-NuTone reserves the right to take enforcement action against the seller and supplier of the product in accordance with this policy.

Authorized Reseller agrees to be available to respond to consumer questions and concerns before and after sale of products and shall endeavor to respond to consumer inquiries promptly.

Disclose All Seller Names & Properties

Maintain accurate and up to date company information and disclose all retail locations, web properties, temporary storefronts and seller names across all channels directly to Broan-NuTone. Any seller transacting through ecommerce must report all websites and seller names advertising or transacting Broan-NuTone products to the Authorized Reseller Administrator.

Provide eCommerce Sell-Through Data Upon Request

Upon request, provide ecommerce sell-through point of sale data by UPC and web property.

Minimum Advertised Price (MAP) Policy

Abide by Broan-NuTone’s MAP policy as set forth here: https://www.broan-nutone.com/MAP

Legal Compliance

Authorized Resellers acknowledge that they will comply with all applicable laws, rules and regulations related to the advertising, sale, and marketing of Broan-NuTone products, including but not limited to:

Don't make false or misleading claims or engage in deceptive sales tactics.
If you email customers, comply with all privacy laws.
If you maintain an online presence, you must publish a privacy policy and comply with it.
Communicate all safety information to consumers and cooperate with Broan-NuTone with respect to any product recall.
Abide by all applicable laws, rules, regulations and policies related to the advertising, sale and marketing of the products.

Enforcement

Authorized Resellers that fail to comply with any term in this policy will be subject to enforcement actions at Broan-NuTone discretion through the Authorized Reseller Administrator.

Authorized Resellers may not circumvent any term of this policy through any means. Broan-NuTone will interpret any violations of this policy in its sole discretion. No failure or delay of enforcing this policy shall be deemed a waiver of right. Broan-NuTone reserves the right to modify this policy at any time.

eCommerce Authorized Reseller Benefits

Authorized Resellers that abide by all facets of this policy will be deemed authorized to sell Broan-NuTone products in ecommerce, provided they maintain constant adherence to the policy. Authorized Resellers understand they do not have any proprietary rights to Broan-NuTone trademarks or other intellectual property but are authorized to use Broan-NuTone trademarks, copyrights, images and product information for the sole purpose of reselling Broan-NuTone products.

Policy Administration

If any provision of this Policy is invalid or unenforceable in a jurisdiction or province, it is to be modified or severed in that jurisdiction or province to the extent of such invalidity or unenforceability, and that fact does not affect the validity or enforceability of that provision in another jurisdiction or province or this Policy's remaining provisions.

This Policy is subject to revision, modification, suspension or discontinuation by Broan‑NuTone in its sole discretion at any time. Broan‑NuTone will provide notice of changes to this Policy to Resellers and copies of the current version of this Policy will be available upon request by Reseller to Broan-NuTone’s Authorized Reseller Administrator at authorizedreseller@broan.com