Retailer Policy

USFLOORS INTERNET ADVERTISING POLICY
Updated 6-1-17

USFloors grants permission to its dealers to use on the Internet certain of USFloors’ copyrighted images displayed on certain of its flooring lines, copyrighted graphics and other copyrighted written material developed by USFloors in connection with marketing programs designed for its dealers, as well as USFloors’ trademarks (collectively the “Licensed Intellectual Property”).

USFloors is pleased to license the use of the Licensed Intellectual Property to its dealers upon the terms and conditions stated below. This Policy supersedes and replaces all previous policies and requirements pertaining to the Internet Usage (as defined below) of the Licensed Intellectual Property and our dealers are released from those policies and requirements. All retailers who sell or advertise over the Internet must abide by this policy.

  1. The license extended by, and the requirements contained in, this Policy pertain only to Internet Usage. The term “Internet Usage,” as used in this Policy, refers to advertising over a Web site.
  2. In order for Internet sellers to use the Licensed Intellectual Property which is made available by USFloors, MAP pricing MUST be published for each product offered for sell on all transactional websites. Furthermore, Map pricing MUST be published for each product offered for sell on sites where it is directly or indirectly implied that orders can be quoted and taken via a phone call or email.
  3. The Licensed Intellectual Property that is being licensed to each dealer under this Policy is limited to that Licensed Intellectual Property which is made available by USFloors to such dealer in connection with (i) the specific flooring and other products sold or licensed by USFloors (the “Products”) which such dealer is authorized to carry; and (ii) any marketing program made available to such dealer.
  4. USFloors reserves the right to limit or refuse to permit the use of the Licensed Intellectual Property at any time for any reason or no reason in its sole discretion. Upon notice, the dealer will be required to immediately remove all Licensed Intellectual Property from its Web site and to cease and desist sending or causing to be sent any email advertising, which includes the Intellectual Property.
  5. In order to protect the integrity of its Licensed Intellectual Property, the products identified in Schedule “A”, attached to this notice, (“MAP Products”) are subject to USFloors’ MinimumAdvertised Price (“MAP”) Policy. USFloors’ MAP Policy applies to all advertisements of all MAP Products in any and all media.[1] Updates to Schedule “A” shall be gained from your USFloors Territory Manager.
    1. The MAP Policy applies to any activity that USFloors determines, at its sole discretion, is designed or intended to circumvent the intent of this MAP Policy.
    2. USFloors reserves the right to modify the MAP Policy, at its sole discretion, in unique events, but not limited to, where USFloors offers a direct manufacturer rebate that would cause the MAP Product to fall below the MAP.
  6. Each dealer must have programmed pricing, and a current account number with USFloors. USFloors will not set up separate accounts for Internet Usage.
  7. The Licensed Intellectual Property will be used by the dealers only in connection with those Products produced, purchased, supplied or licensed by USFloors. All Internet Usage of the Intellectual Property will use only approved copyrighted images and trademarks and trademark graphics in connection with the advertising materials displayed through such Internet Usage. No dealer shall have any right in or to any of the Licensed Intellectual Property and shall not make any statement or take any position to the contrary. All goodwill from the use of the Licensed Intellectual Property shall inure to the sole benefit of USFloors. Each of the dealers will do nothing in its advertising or otherwise to indicate that the Licensed Intellectual Property is the property of such dealer. Upon request, each dealer will provide to USFloors examples showing all Internet Usage by such dealer of the Licensed Intellectual Property.
  8. No dealer may engage in Internet Usage of the Licensed Intellectual Property to sell or market the Products in any way that disparages or injures USFloors or the Products, as determined by USFloors. The dealer may not engage in Internet Usage to market the Products or use the Licensed Intellectual Property in any manner involving illegal, deceptive, undesirable or improper retail practices.
  9. No dealer may register or seek to register any domain names incorporating USFloors’ trademarks, or any variant thereof, with any Internet domain name registration service in the United States or internationally. USFloors reserves the right to choose those dealers with which to do business and the right to accept or reject any purchase order from any dealer at any time. Any violation of this Policy may result in USFloors’ refusal to accept any purchase order from a dealer in the future in its sole discretion at any time.
  10. This Policy, which has been adopted unilaterally by USFloors, shall be effective April 1, 2017.

USFloors values your business and appreciates the efforts undertaken by each of its dealers in promoting the Products. It is believed that this Policy will ensure the integrity of the use of the Licensed Intellectual Property not only for the benefit of USFloors, but also for the benefit of its licensed dealers.

Restrictions on Proprietary Products

 The collections listed below may NOT be shown either with or without pricing or sold on any transactional websites (sites with shopping carts).  Furthermore, these products are not to be listed on sites where it is directly or indirectly implied that orders can be quoted and taken via a phone call or email. 

The proprietary Natural Oil Floors – Castle Combe Floor and Wall Grande, Castle Combe Floor and Wall Originals and Castle Combe Floor and Wall West End may NOT be shown or sold by retailers through a transactional website or any site where it is directly or indirectly implied that orders can be quoted and taken via a phone call or email.

Additionally, the proprietary collections of COREtec HD, COREtec Design and COREtec XLE may NOT be sold or shown by retailers through a transactional website or any site where it is directly or indirectly implied that orders can be quoted and taken via a phone call or email.

SCHEDULE A

USFloors Industries MAP Policy Enforcement:

  1. If USFloors believes a reseller/dealer is in violation of the USFloors’ MAP Policy, The USFloors MAP Administrator may suspend any pending order that is in violation.
  2. Persistent violation of the MAP Policy could lead to the reseller/dealer to be placed on a “Do Not Sell To” list and be forced to remove any copyrighted and/or other promotional materials from its website.
  3. USFloors is solely responsible for determining whether a MAP violation has occurred; as well as determining any actions that need to be taken to correct the violation.
  4. USFloors monitors the advertised prices of its resellers/dealers directly or through designated third parties and digital tools.
  5. The MAP Policy will be enforced by USFloors at its sole discretion and without notice.

[1] The prohibition on price advertising does not apply to private label products manufactured and sold by USFloors. This policy does not require USFloors’ customers to sell USFloors products at any particular price. Retailers REMAIN FREE TO DETERMINE THEIR OWN RETAIL PRICES.