General Policy For Promoting & Selling Southern Sky Home Products On The Internet
Southern Sky Home conducts business primarily with qualified retailers who will stock, display, promote, sell, and service Southern Sky Home products in brick-and-mortar retail store locations within their own market areas. With the rapid growth of e-commerce platforms, Southern Sky Home understands that many of its retailers may wish to market and/or promote Southern Sky Home products on their individual retailer websites. As a result, Southern Sky Home has developed and implemented the following policy regarding the advertisement and marketing of Southern Sky Home products on the internet.
Under the following terms, all authorized retailers may advertise Southern Sky Home products on the internet to their local markets.
- Southern Sky Home 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 Southern Sky Home products.
- Southern Sky Home grants a non-exclusive and limited license to authorized retailers to utilize Southern Sky Home names and other Intellectual Property for purposes of advertising and promoting Southern Sky Home products on the internet.
- Retailers must maintain good financial standing with Southern Sky Home.
- Copying HTML or other code from Southern Sky Home websites for use on any other website is prohibited.
- Using deceptive language, which implies that a retailer has greater rights or privileges from Southern Sky Home than actually granted or greater than other retailers is prohibited.
- Only current, up-to-date information may be used.
- Retailers must keep Southern Sky Home advised of all URLs they utilize to display, advertise or market Southern Sky Home products.
- Promotional information must be done in good taste and must be consistent with Southern Sky Home corporate image.
- Retailers must comply with all other applicable Southern Sky Home policies and may only advertise Southern Sky Home products they are authorized to sell.
- Retailers may not use the Southern Sky Home name in any part of the retailer’s website URL address.
- Retailers may not advertise or display Southern Sky Home products or images on any auction site or comparative shopping site, such as eBay, Yahoo auctions, Nextag, Calibrex, Craigslist orany similar website. Sales of Southern Sky Home products online through auctions or reverse auction sites of any kind are expressly prohibited.
- Southern Sky Home reserves the right to modify or amend these conditions at its discretion.
- Retailers will indemnify, defend and hold harmless Southern Sky Home 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 retailer’s website or unauthorized use of Southern Sky Home Intellectual Property on the internet.
- Southern Sky Home reserves the right to withdraw approval for the display, advertisement, promotion or sale of Southern Sky Home products on a website by any authorized retailer at anytime for any reason or for no reason, at the sole discretion of Southern Sky Home. Upon notice of such revocation of approval, the affected authorized retailer will immediately remove any objected-to Southern Sky Home Intellectual Property or information regarding Southern Sky Home products from the internet website.
- Southern Sky Home reserves the right to restrict products/collections from internet exposure on a limited or comprehensive basis.
- Retailers may not enter any internet marketing partnerships, joint ventures or relationships for the marketing, advertisement, sale or distribution of Southern Sky Home products on the internet without prior written approval by Southern Sky Home senior management before implementation. Southern Sky Home reserves the right to prohibit such relationships at its sole discretion.
- Retailers who sell using the internet and have product shipped to consumers instead of their stores, must utilize a Southern Sky Home approved carrier to pick up Southern Sky Home products and provide “White Glove” delivery service to purchasers of Southern Sky Home products. Southern Sky Home considers “White Glove” delivery service to include, but not be limited to, delivery by a reputable home delivery provider to the consumer, opening of Southern Sky Home cartons on-site, and inspection, complete set-up and deluxing of Southern Sky Home products, along with proper removal of shipping materials. Retailers must also meet consumers’ reasonable after sales expectations by providing appropriate and reasonable follow-up warranty service.
Internet Minimum Price ("IMP") Policy
Southern Sky Home does not seek agreement from and will not give its agreement to retailers on prices to be charged for Southern Sky Home products. Retailers are free to advertise and sell approved Southern Sky Home products online for any price they choose, provided that the “Advertised Price” is at or above the Internet Minimum Pricing (IMP) established and maintained by Southern Sky Home (as available from its trade website). A first retailer infraction will result in loss of the line of Southern Sky Home products for one (1) month. A second retailer infraction will result in loss of the line of Southern Sky Home products for six (6) months. A third retailer infraction will result in termination of the retailer as an authorized Southern Sky Home retailer. Decisions to end distribution of any product to any retailer for violation of this policy will be made by Southern Sky Home unilaterally, without consultation with that retailer or any other retailer. Retailer complaints are neither solicited nor encouraged. Southern Sky Home and its agents and employees will not engage in any discussion with a retailer about any information received regarding another retailer’s prices or any action that may be taken or has been taken. “Advertised Price”, as that term is used herein, shall mean the retailer’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 IMP price for any individual item. The determination of Advertised Price will be made unilaterally by Southern Sky Home. Southern Sky Home will not take action based on any information received from a retailer. Southern Sky Home will make its own independent determination as to any violations of its IMP policy. Southern Sky Home’s IMP policy is a unilateral statement of the terms on which Southern Sky Home will do business with retailers.