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R.G. Barry Corporation Internet Advertising Policy
R.G. Barry Corporation (“R.G. Barry”) has made and continues to make substantial investments in building and protecting its brands and products. To promote and maintain the integrity of its brands, R.G. Barry has adopted the following Internet Advertising Policy, effective as of February 1, 2017, to govern the use of internet platforms to advertise and market products of the R.G. Barry brands, including, but not limited to Dearfoams®, Baggallini®, and Foot Petals® (the “R.G. Barry Brands”) by all of our resellers, distributors, and customers (referred to herein as “authorized resellers”). This unilateral policy applies to all R.G. Barry authorized resellers selling and advertising in the United States, but it is not part of any authorized reseller’s agreement(s) with R.G. Barry and supplements but does not supersede any other applicable R.G. Barry policies.
Exclusive Ownership and Use of R.G. Barry Trademarks
The R.G. Barry Brands as well as other trademarks that R.G. Barry or its affiliates may have or acquire are solely and exclusively owned by an R.G. Barry affiliate (collectively, the “Trademarks”). Such Trademarks may not be used in any online marketing materials, search engine optimization, or pay-per-click search campaigns or as a part of an authorized reseller’s online presence without the express written consent of R.G. Barry. Any use of the Trademarks may only be for the promotion or advertisement of the R.G. Barry Brands and must be consistent with this Internet Advertising Policy and all other applicable policies, instructions and guidelines of R.G. Barry. R.G. Barry reserves the right to withdraw approval for the use of its Trademarks for online advertising purposes at any time.
Domain Name Usage
Authorized resellers may not use any of the Trademarks or any misspellings of the Trademarks in the construction of domain names, including top-level domains and sub-domains, or URLs for any part of their online presence. For authorized resellers who have already acquired or currently use domain names or URLs that include any of the Trademarks or any part thereof, such authorized resellers must submit such domain names or URLs to R.G. Barry for its approval. At R.G. Barry’s request, and in R.G. Barry’s sole discretion, an authorized reseller must (1) transfer to R.G. Barry all right, title, and interest in and to any such domain name or URL or (2) discontinue use of any such domain name or URL.
Internet Advertising Content
R.G. Barry permits its authorized resellers to use the Trademarks associated with R.G. Barry Brands they sell in banner ads and ad copies for the online advertisement and promotion of its products. However, to promote the integrity and value of the R.G. Barry Brands, the authorized reseller may not use the following words in any internet advertising content, including, but not limited to, banner ads, paid search ad copies, search engine marketing, native advertisement or titles thereof, used in connection with an R.G. Barry Brand product:
- Low quality
- Lowest Price
- Official site
R.G. Barry maintains the right to demand modifications to any internet advertising content for an R.G. Barry Brand product that, in R.G. Barry’s sole discretion, conflicts with or diminishes the integrity or value of the R.G. Barry Brands.
Paid Search or Pay Per Click Advertising
R.G. Barry recognizes that a significant number of pay-per-click search campaigns (referred to herein as “paid search campaigns” or “paid search”) can have a negative effect on the integrity and value of the R.G. Barry Brands. To avoid such negative effects of paid search campaigns, R.G. Barry has the exclusive right to use the following terms in pay-per-click advertising and paid search campaigns (as arranged below by the relevant R.G. Barry Brand):
- baggallini com
- Dear foam
- Foot Petals
- +foot +petals
- Foot pedals
- FootPetals com
- Cushion Towers
If an authorized reseller is contacted by R.G. Barry regarding its online content or online advertising strategies, R.G. Barry requests that the authorized reseller respond to R.G. Barry within two business days to discuss and potentially rectify any issue within a mutually-agreed upon timeframe between the parties.
R.G. Barry reserves the right to modify or terminate these policies at any time by written notice to the authorized reseller. This policy alone does not provide any right or authority to use, in any manner, any R.G. Barry trademark, trade name, copyright, patent, logo, or any other intellectual property of R.G. Barry, including but not limited to the Trademarks, other than the right, title and interest previously granted to the authorized reseller by R.G. Barry.
Penalties for Noncompliance
Authorized resellers may independently determine whether or not to comply with this policy. However, if R.G. Barry believes an authorized reseller has violated or intends to violate this Internet Advertising Policy R.G. Barry reserves the right to cancel pending orders, restrict future orders and/or suspend authorized resellers’ accounts. R.G. Barry is solely responsible and has total discretion for determining whether a violation of the Internet Advertising Policy has occurred and the appropriate actions it will take to protect its brands. Such actions may include the following:
- 1st Violation: Should R.G. Barry become aware that an authorized reseller has violated this policy, it will send a written notice to such reseller.
- 2nd Violation: R.G. Barry will decline acceptance of any orders from the reseller (and cease all product shipments) for six (6) months, whether such orders are for products to be sold on an internet platform or through a different channel of distribution.
- 3rd Violation: R.G. Barry will decline acceptance of any new orders from the authorized reseller (and cease all product shipments) for twelve (12) months.
In addition to the above-referenced sanctions, violations of this policy may result in termination of the business relationship, as well as R.G. Barry seeking any available remedies at law.
We appreciate each authorized reseller’s cooperation in this effort to promote the integrity and value of our brands. Please reach out with any questions that arise.