Authorized Reseller Criteria for Intermatic Inc. Products

Intermatic manufactures and distributes products, including those under the Grasslin brands (“Products”). Intermatic products comply with strict demands to quality, safety, and documentation and are the result of a significant investment by Intermatic in research and development to ensure its products are of the highest quality and comply with regulatory requirements.

Intermatic has branch offices across the globe and works diligently in establishing processes and criteria to ensure screened Authorized Resellers operate in a manner that preserves the high quality of the products and who are able to demonstrate a high degree of expertise in order to be able to properly answer technical customer inquiries relating to the products, ensure compliance with health and safety and other regulatory requirements, and ensure the products are sold safely and in an appropriate manner to end consumers.

It is for these reasons that Intermatic, in consultation and cooperation with its branches, has implemented these Authorized Reseller Criteria. By purchasing Intermatic products, you agree that:

a) you will at all times comply with all relevant Authorized Reseller Criteria, including the Authorized Offline Reseller Criteria (if you sell from an offline store) and/or the Authorized Online Reseller Criteria (if you sell from a website) set forth below, which may be updated from time to time;

b) you will only sell the products to end users;

c) you will not sell the products to any unauthorized resellers

Intermatic reserves the right to audit any Authorized Reseller to ensure compliance with all relevant Authorized Reseller Criteria. If an Authorized Reseller is not in compliance with all relevant Authorized Reseller Criteria, Intermatic  may withdraw the Authorized Reseller’s authorization to purchase products and may cease selling or shipping products to the Authorized Reseller. Intermatic may revise these Authorized Reseller Criteria, as well as any associated criteria, applications, and registrations, at any time.

 

AUTHORIZED OFFLINE RESELLER CRITERIA

An Authorized Offline Reseller is an Authorized Reseller who operates one or more physical locations which stock the product. The following Criteria apply to all Authorized Offline Resellers:

High-quality retail business

  1. Professionalism. An Authorized Offline Reseller shall operate in a manner that preserves the high quality of the products and shall perform sales in a correct, convenient, punctual, clean, customer-friendly, trustworthy, and generally high-quality manner. Any Authorized Offline Reseller that does not operate to these standards and whose business practices do not meet these standards will not qualify to sell the products.
  2. Reputation. An Authorized Offline Reseller shall have an established reputation and track record for the sale of premium-branded products, or a documented financial and business plan to establish a reputation and track record for establishing such a business for the sale of the products.
  3. High quality premises and appearance. An Authorized Offline Reseller’s premises shall be suitable for the sale of the products and shall have a high-quality appearance and be clearly identifiable as such externally, reflecting the premium and high quality brand reputation, as well as the specialist nature of, the products. The premises must specialize in the sale of electrical, pool & spa, HVACR or similar products.

 

 Sales Support Personnel

  1. Product knowledge and expertise. An Authorized Offline Reseller will be knowledgeable on the purchase and use of the products and must be able to inform customers on how to properly use the products for their needs. To fulfil this commitment, each Authorized Offline Reseller will employ a sufficient number of properly trained sales staff who shall:
    1. be able to make helpful recommendations to customers regarding the most suitable products for their needs, highlighting the benefits, uses, and features of the products, and educate customers on how to properly use the products safely;
    2. be able to deal competently with technical inquiries of customers; and
    3. comply with all applicable laws and regulations regarding the sale of the products.
  2.  
  3. Training. If required by Intermatic, each Authorized Offline Reseller shall encourage one or more of its sales staff to attend and/or otherwise participate in periodic training provided by Intermatic on the products.
  4. In-store customer support. An Authorized Offline Reseller’s premises shall be staffed during all opening hours by a sufficient number of trained and qualified customer-facing staff meeting the Sales Support Personnel requirements specified above.
  5. Business hours. The premises for each Authorized Offline Reseller must at a minimum be open during normal business hours on normal business days, as is customary in Authorized Offline Reseller’s territory.

 

Product promotion, branding, and display

  1. Display with other products of like quality. An Authorized Offline Reseller may only display the products with other high-quality products from reputable manufacturers with brand reputation comparable to that of the products. Authorized Offline Reseller shall display the products distinctly and separately from other manufacturers’ products by ensuring that the products are depicted within a section of the Authorized Place of Business dedicated to similar products. Authorized Offline Reseller shall promote the products in general in the same or better manner as it promotes products from other manufacturers (including in terms of sales commissions or other incentives offered by the Authorized Offline Reseller to its personnel).
  2. Display and Marketing. An Authorized Offline Reseller shall comply with all branding and display guidelines as specified by Intermatic from time to time and only use marketing materials and display materials as supplied or approved by Intermatic. Any advertising that in Intermatic’s reasonable opinion is inappropriate must be immediately discontinued or (if required) recalled by Authorized Offline Reseller.
  3. POS materials. All sales brochures, catalogues, technical information sheets, and point of sale materials shall be either (i) materials supplied by Intermatic, or (ii) materials previously approved in writing by Intermatic Authorized Offline Reseller shall only use point of sale materials in such manner as Intermatic may specify from time to time.
  4. Intellectual Property. An Authorized Offline Reseller shall accurately describe the products using only the protected and current intellectual property of Intermatic and in accordance with Intermatic’s specifications and any intellectual property guidelines provided by Intermatic from time to time. Authorized Offline Reseller shall not exhibit or sell any item the trademark or brand name of which might give rise to confusion with trademarks, trade names, service marks, or any other intellectual property rights that are found on the labeling of the products or are otherwise designated by Intermatic as being applicable to the products.
  5. Store name. Authorized Offline Reseller’s store name shall not contain any trademarks of Intermatic or affiliates, or subsidiaries and shall not be associated with the products or trade names or any words which are confusingly similar thereto or misspellings thereof, including any variation or combination of these words.
  6. Depreciative advertising. Authorized Offline Reseller shall not engage in any advertising, promotion, or sale of a nature which in any way depreciates the integrity, value, or high quality of the products or Intermatic brand reputation. In particular, Authorized Offline Reseller will ensure that the products are not inappropriately compared to other similar products.
  7. Packaging. Authorized Offline Reseller shall not obscure or alter in any fashion the serial or part number on any product or product packaging.

 

Sales and after-sales service

  1. Stock. An Authorized Offline Reseller shall maintain and stock an adequate supply of the products to satisfy customer demand. An Authorized Offline Reseller shall use reasonable commercial efforts to order sufficient products to avoid stock-outs (taking into account that products may not always be in stock at Intermatic.
  2. Display and quality controls. An Authorized Offline Reseller must maintain the products in good condition, suitable for resale. An Authorized Offline Reseller must keep any packaging intact and in resalable condition.
  3. After-sales service. An Authorized Offline Reseller shall be responsive and consumer-friendly in dealing with any after-sales-service to customers.
  4. Returns. An Authorized Offline Reseller shall offer returns service that is communicated to the customer at the time of sale and is consistent with any return or credit programs periodically communicated by Intermatic. An Authorized Offline Reseller is not obliged to accept returns of certain categories or products that have been used.

 

Compliance and conduct

  1. Compliance with laws. An Authorized Offline Reseller shall comply with all applicable laws and regulations, including but not limited to those governing consumer protection and product liability, misleading and comparative advertising, unfair competition, distance selling, e-commerce, defamation, data protection and privacy, electronic signatures, intellectual property rights, and tax.
  2. Preserve and enhance reputation and goodwill. An Authorized Offline Reseller shall preserve and enhance the reputation and goodwill of the products by avoiding any illegal or unethical actions, including without limitation “bait and switch” practices. An Authorized Offline Reseller shall not engage in unfair sales practices or make incorrect, deceptive, or denigrating statements about the products.
  3. Terms and conditions of sale and distribution. In addition to these Authorized Offline Reseller Criteria and the terms set out in the “Introduction” section above, an Authorized Offline Reseller shall comply with any separate terms and conditions of sale and distribution communicated to it by Intermatic.

 

AUTHORIZED ONLINE RESELLER CRITERIA

An Authorized Online Reseller is a reseller who has not, due to non-compliance with the requirements set out below, had its approval to sell products from one or more of its websites withdrawn or rejected by Intermatic. Any website owned and operated by the Authorized Online Reseller as to which the approval to sell has not been rejected or withdrawn by Intermatic. for non-compliance with the below requirements shall be an “Authorized Website”. The following Criteria apply to all Authorized Online Resellers

High-quality retail business

  1. Professionalism. An Authorized Online Reseller shall operate in a manner that preserves the high quality of the products and shall perform sales in a correct, convenient, punctual, clean, customer-friendly, trustworthy, and generally high-quality manner. Any Authorized Online Reseller that does not operate to these standards and whose business practices do not meet these standards will not qualify to sell the products.
  2. Reputation. An Authorized Online Reseller shall have an established reputation and track record for the sale of premium products, or a documented financial and business plan to establish a reputation and track record for establishing such a business for the sale of the products.
  3. High quality website and appearance. The Authorized Website shall provide a high-quality online retail environment, reflecting the premium and high-quality brand reputation, as well as the specialized nature of the products.
  4. Product information. An Authorized Online Reseller shall provide all such information about the products on each product page (and elsewhere where products are described on the Authorized Website) as may be specified by Intermatic from time to time, including but not limited to, features, benefits, uses, and the manner in which the products should be used. Authorized Online Reseller shall keep such a page updated with new product lines as well as any updated information on the products when provided by Intermatic.

 

Sales Support Personnel

  1. Product knowledge and expertise. An Authorized Online Reseller shall be knowledgeable on the purchase and use of the products and must be able to inform customers on how to properly use the products for their needs. To fulfil this commitment, each Authorized Online Reseller shall employ a sufficient number of properly trained sales staff who shall:
    1. be able to make helpful recommendations to customers regarding the most suitable products for their needs, highlighting the benefits, uses, and features of the products, and educate customers on how to properly use the products safely;
    2. be able to deal competently with technical inquiries of customers; and
    3. comply with all applicable laws and regulations regarding the sale of the products.
  2.  
  3. Training. If required by Intermatic, each Authorized Online Reseller shall encourage one or more of its sales staff to attend and/or otherwise participate in periodic training provided by Intermatic on the products.
  4. Call center, helpline, and email. An Authorized Online Reseller shall operate and clearly display on the Authorized Website an email address, a physical address for returns (being the address of the Authorized Online Reseller’s Authorized Place of Business, if any) and a customer service telephone number with the days and times (which must be no less than standard business hours) during which customers can contact Authorized Online Reseller for customer support. Authorized Online Reseller’s customer service telephone line and email shall be staffed during all opening hours by a sufficient number of trained and qualified customer-facing staff meeting the Sales Support Personnel requirements specified above.

 

Product promotion, branding and display

  1. Display with other products of like quality. An Authorized Online Reseller may only display the products with other high-quality products from reputable manufacturers with brand reputation comparable to that of the products. An Authorized Online Reseller shall display the products distinctly and separately from other manufacturers’ products by ensuring that the products are depicted within a section of the Authorized Website dedicated to the products. With the exception of Authorized Online Reseller’s self-branded products (if applicable), Authorized Online Reseller shall promote the products in general in the same or better manner as it promotes products from other manufacturers (including in terms of sales commissions or other incentives offered by the Authorized Online Reseller to its personnel).
  2. Display and Marketing. An Authorized Online Reseller shall comply with all branding and display guidelines as specified by Intermatic from time to time and only use marketing materials and display materials as supplied or approved by Intermatic. Any advertising that in Intermatic’s reasonable opinion is inappropriate must be immediately discontinued or (if required) recalled by Authorized Online Reseller.
  3. Intellectual Property. An Authorized Online Reseller shall accurately describe the products using only the protected and current intellectual property of Intermatic and in accordance with Intermatic’s specifications and any intellectual property guidelines provided by Intermatic from time to time. Authorized Online Reseller shall not exhibit or sell any item the trademark or brand name of which might give rise to confusion with trademarks, trade names, service marks, or any other intellectual property rights that are found on the labelling of the products or are otherwise designated by Intermatic as being applicable to the products.
  4. Store name/URLs/Domains. An Authorized Online Reseller’s store name, and the Authorized Website domain name(s) and URL(s) (as applicable) shall not contain any trademarks of Intermatic or affiliates, and shall not be associated with the products or trade names or any words which are confusingly similar thereto or misspellings thereof, including any variation or combination of these words.
  5. Depreciative advertising. An Authorized Online Reseller shall not engage in any advertising, promotion, or sale of a nature which in any way depreciates the integrity, value, or high quality of the products or Intermatic brand reputation. In particular, Authorized Online Reseller shall ensure that the products are not inappropriately compared to other similar products.
  6. Packaging. An Authorized Online Reseller shall not obscure or alter in any fashion the serial or part number on any product or product packaging.

 

Pricing Policy

  1. Minimum Advertised Price (“MAP). Intermatic has adopted a Minimum Advertised Price (“MAP”) Policy, which is applicable to all Authorized Reseller Online Resellers. This policy was established to promote the quality of Intermatic products, preserve individual pricing decisions, and maintain a fair business environment for all Authorized Online Resellers. The policy can be found at www.intermatic.com/en/policies/map-policy.

 

Website Features

  1. High-quality retail website. The Authorized Website must be of a high standard showing high-quality graphic design, usability, and navigation features. For example, web-pages should load quickly and be optimized and be reachable from at least one static text link, and the Authorized Website should offer a site map with links to all pages, contain a helpful “search” function, be tested so that it is displayed correctly and with the same quality on all browsers, etc. The user experience needs to be placed at the forefront of how the Authorized Website presents the product.
  2. Corrections. An Authorized Online Reseller shall promptly correct any technical bugs and mistakes regarding products and product information contained on the Authorized Website and in any case no later than within five (5) calendar days of when it becomes aware of the same.
  3. Superlatives. An Authorized Online Reseller shall not use superlatives to describe the quantity of its product inventory, the pricing of products, or the online shopping experience concerning the Products on the Authorized Website or any other website, in any advertisement, sponsored link, or any other online marketing used, paid for, or associated with Authorized Online Reseller. Prohibited phrases include “the largest available online offering of Intermatic brand products”, “lowest prices–Intermatic brand”, or “best Intermatic brand website”.
  4. Adware, spyware, or pop-up software. An Authorized Online Reseller shall not partner with any third party that uses adware, spyware, or other software to engage in pop-up or pop-under advertising or that generates non-user initiated activity (e.g. forced clicks or redirects). Pop-up or pop-under advertising and non-user initiated activity that is based on keyword searches, textual triggers, or screen-scraping associated with any Product or trademark used, owned, or licensed by Intermatic or any of its subsidiaries or any common misspelling or confusingly similar trademarks is strictly prohibited.

 

Sales and after-sales service

  1. Stock. An Authorized Online Reseller shall maintain and stock an adequate supply of the products to satisfy customer demand. An Authorized Online Reseller shall use reasonable commercial efforts to order sufficient products to avoid stock-outs (taking into account that products may not always be in stock at Intermatic).
  2. After-sales service. An Authorized Online Reseller shall be responsive and consumer-friendly in dealing with any after-sales-service to customers.
  3. Returns. An Authorized Online Reseller shall provide a consumer-friendly returns service that is communicated to the customer at the time of sale and is consistent with any return or credit programs periodically communicated by Intermatic.
  4. An Authorized Online Reseller is not obliged to accept products that have already been used.

 

Compliance and conduct

  1. Compliance with laws. An Authorized Online Reseller shall comply with all applicable laws and regulations, including but not limited to those governing consumer protection and product liability, misleading and comparative advertising, unfair competition, distance selling, e-commerce, defamation, data protection and privacy, electronic signatures, intellectual property rights, and tax.
  2. Preserve and enhance reputation and goodwill. An Authorized Online Reseller shall preserve and enhance the reputation and goodwill of the products by avoiding any illegal or unethical actions, including without limitation “bait and switch” practices. Authorized Online Reseller shall not engage in unfair sales practices or make incorrect, deceptive, or denigrating statements about the products.
  3. Terms and conditions of sale and distribution. In addition to these Authorized Online Reseller Criteria and the terms set out in the “Introduction” section above, an Authorized Online Reseller shall comply with any separate terms and conditions of sale and distribution communicated to it by Intermatic.

No unauthorized marketplace sales. An Authorized Online Reseller shall NOT sell on any online marketplaces or third-party platform unless it is expressly authorized to do so by Intermatic. Resellers wishing to sell on a marketplace or any third-party platform, must comply with the Authorized Reseller Criteria for Third-Party Platforms/Marketplaces, which can be found at www.intermatic.com/en/policies/Authorized-Reseller-3P-Criteria and must submit an Application Form and Agreement, which can be found at www.intermatic.com/en/policies/Authorized-Reseller-3P-Application.

 

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