Reseller Brand Protection Policy
HiBAR hereby adopts this Reseller Brand Protection Policy in order to protect its trademarks, service marks, certification marks, logos, and copyrighted material and prevent consumer confusion. HiBAR requires that each authorized person or entity that purchases HiBAR products (the “Products”) for resale or other distribution agrees to comply with this Policy. Any unauthorized or improper use of HiBAR’s trademarks may constitute infringement and unfair competition in violation of federal, state, and international laws. If you are an authorized HiBAR Reseller, please consult your HiBAR agreement for specific additional requirements applicable to your use of HiBAR’s trademarks.
Reseller may use HiBAR trademarks (but not logos or taglines) to identify HiBAR products, services, and programs on packaging, promotional, and advertising materials, provided Reseller complies with the following guidelines:
- General Trademark Guidelines:
- Reseller may not include any HiBAR trademark in its company name, product or service name, or domain name.
- Unless the Reseller is licensed by HiBAR under a licensing agreement, Reseller will not use HiBAR logos.
- Reseller’s company or product name may not be confusingly similar to any HiBAR trademark and Reseller may not use HiBAR trademarks in any manner that directly or indirectly implies HiBAR sponsorship, affiliation, certification, approval, or endorsement of Reseller or its products.
- Reseller may not shorten, abbreviate, or modify any HiBAR trademark.
- Reseller should include the following trademark attribution statement when it uses HiBAR trademarks: “HiBAR" and "Goodbye Plastic, Hello HibAR" are trademarks of HiBAR.
- Reseller shall sell Products in their original packaging and may not remove or modify any labels, specifications, images, advertising and/or any other content related to the Products.
- No Resale on Online Marketplaces: Reseller may not advertise or sell the Products on any third-party online marketplace or to any distributors or resellers for further sale or distribution on any third-party online marketplace without HiBAR’s written consent.
- Reseller’s Company Brand: Resellers may use the HiBAR name, or any factual phrase, to describe their business, as in for example: "We sell HiBAR products," provided that the statement is true. Reseller must lead with their own company brand and cannot lead with the HiBAR name. Reseller is not permitted to use the HiBAR name in a manner that would lead consumers to believe that Reseller has an association or affiliation with HiBAR that does not exist.
- Compliance with HiBAR’s Policies: Reseller is required to comply with HiBAR’s Minimum Advertised Pricing Policy (“MAP”) Policy. Reseller must handle and store the Products in compliance with HiBAR’s storage and handling policies. Reseller must comply with HiBAR’s warranty and customer support obligations. Reseller may not engage in any unfair business practices, false advertising, or fraud or modify HiBAR’s warranty.
- Copyrights: Use of HiBAR’s copyrighted material is strictly prohibited without prior approval from HiBAR. Such materials include, but are not limited to, content and text displayed on HiBAR’s website, mobile applications, or other documentation, photographs, diagrams, videos, images, and sound clips. If authorized, Reseller’s use of HiBAR’s copyrighted material must be accompanied by HiBAR’s copyright notice.
This Policy is incorporated into any contract entered between HiBAR and Reseller with respect to Reseller’s purchase or sale of the Products. In the event of a conflict between the applicable agreement and this Policy, the terms of the agreement will be controlled. HiBAR may amend this Policy at any time. HiBAR reserves the right to prohibit any use of its trademarks that HiBAR, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder.