GENERAL POLICY FOR PROMOTING AND SELLING FOUR HANDS, LLC PRODUCTS ON THE INTERNET
BY CLICKING THE ACCEPTANCE BUTTON, ACCESSING OR USING THE FOUR HANDS MARKETPLACE, OR AGREEING TO BECOME A FOUR HANDS RESELLER, YOU EXPRESSLY AGREE TO AND WILL ACT IN ACCORDANCE WITH THE FOLLOWING GENERAL POLICY FOR PROMOTING AND SELLING FOUR HANDS, LLC (AND SUBSIDIARIES) PRODUCTS ON THE INTERNET. IF YOU DO NOT AGREE WITH THE POLICY OR FAIL TO ACT IN ACCORDANCE WITH IT, SPECIFICALLY THE INTERNET MINIMUM PRICING POLICY, YOUR ACCESS TO THE MARKETPLACE WITH BE REMOVED AND ANY OUTSTANDING ORDERS WILL BE CANCELLED.
Four Hands has developed and implemented the following policy regarding the advertisement, marketing, and selling of Four Hands products on the internet.
Subject to the following terms, you may advertise the availability of Four Hands products on your websites.
- You agree:
a. Four Hands owns all “Intellectual Property” related to the products it sells and distributes. The term “Intellectual Property” includes the following: a) all copyrights and other rights of any kind or nature in any form or medium of expression; b) all trade secrets and any other protection for confidential information; c) patents and patent applications; d) any items, artwork or other matters which are protectable or may properly be registered or protected under any copyright, patent, trade secret, confidentiality agreement or other similar laws; e) trademarks and trade names; and f) any other similar rights or interests recognized by applicable laws, related to, or associated with Four Hands, LLC products. Four Hands grants a non-exclusive and limited license to authorized resellers to utilize Four Hands names, logos, trademarks, photography, images and other Intellectual Property for purposes of advertising, promoting, selling, and distributing Four Hands products on the internet.
b. To maintain good financial standing with Four Hands.
c. To refrain from copying HTML or other code from Four Hands websites for use on any other website.
d. To refrain from using deceptive language, which implies that you have greater rights or privileges from Four Hands than actually granted or you have greater rights or privileges than other resellers.
e. To utilize only current, up-to-date information
f. To inform Four Hands of all URLs you utilize to display, advertise, sell, or market Four Hands products.
g. To produce promotional information only done in good taste and consistent with Four Hands corporate image (in Four Hands’ sole discretion).
h. To comply with all other applicable Four Hands policies and only advertise Four Hands products you are expressly authorized to sell.
i. To refrain from using the Four Hands name in any part of the reseller’s website URL address.
k. To not advertise, market, sell, or display Four Hands products or images on any auction site, reverse auction site, comparative shopping site or marketplaces without express written permission.
l. To indemnify, defend and hold harmless Four Hands from and against all costs, damages, claims (threatened or actual) and expenses, including reasonable attorneys’ fees, which may arise, develop or derive in any way from your website or unauthorized use of Four Hands Intellectual Property.
m. To abide by the Internet Minimum Advertised Price Policy listed below.
- Four Hands reserves the right to withdraw approval for the display, advertisement, promotion or sale of Four Hands products on your website at any time for any reason or for no reason, at the sole discretion of Four Hands. Upon notice of such revocation of approval, you agree to expeditiously remove any objected-to Four Hands Intellectual Property or information regarding Four Hands products from your website.
- Four Hands reserves the right to restrict products/collections from internet exposure on a limited or comprehensive basis.
- You may not enter into any internet marketing partnerships, joint ventures or relationships for the marketing, advertisement, sale or distribution of Four Hands products on the internet without prior written approval by Four Hands senior management before implementation. Four Hands reserves the right to prohibit such relationships at its sole discretion.
- If you sell using the internet and have product shipped directly to consumers, you agree to utilize a Four Hands approved carrier to pick up Four Hands products and provide “White Glove” delivery service to purchasers of Four Hands products. Four Hands considers “White Glove” delivery service to include, but not be limited to, delivery by a reputable home delivery provider to the consumer, opening of Four Hands cartons on-site, and inspection, complete set-up and deluxing of Four Hands products, along with proper removal of shipping materials. Your further agree to meet consumers’ reasonable after-sale expectations by providing appropriate and reasonable follow-up warranty service.
- Four Hands reserves the right to modify or amend these conditions at its discretion without notice.
INTERNET MINIMUM ADVERTISED PRICE (“IMAP”) POLICY: Four Hands does not seek agreement from and will not give its agreement to resellers on prices to be charged for Four Hands products. Resellers are free to advertise and sell approved Four Hands products online for any price they choose, provided that the “Advertised Price” is at or above the Internet Minimum Advertised Pricing (IMAP) established and maintained by Four Hands (as available from its trade website).
Policy Violations will be addressed via the following actions:
Four Hands will notify offenders via email of any violations. All violations or “IMAP breaks” must be updated within 2 business days. If violations are not addressed in a timely manner Four Hands reserves the right to hold shipments of any existing orders, not accept new orders, and ultimately to terminate the authorization of online selling.
Decisions to end distribution of any product to any reseller for violation of this policy will be made by Four Hands unilaterally, without consultation with that reseller or any other reseller. Reseller complaints are neither solicited nor encouraged. Four Hands and its agents and employees will not engage in any discussion with a reseller about any information received regarding another reseller’s prices or any action that may be taken or has been taken.
“Advertised Price”, as that term is used herein, shall mean the reseller’s net internet advertised price reduced by any discounts offered and the wholesale value of any associated premium, gift, and/or promotional item given away with the sale of the products covered by this policy. The Advertised Price may not be less than the published IMAP price for any individual item. The determination of Advertised Price will be made unilaterally by Four Hands. Four Hands will not take action based on any information received from a reseller. Four Hands will make its own independent determination as to any violations of its IMAP policy. Four Hands’ IMAP policy is a unilateral statement of the terms on which Four Hands will do business with resellers.