Applicability of DITEK's Trademark Usage Policy DITEK's trademark usage policy ("Policy") applies to any distributor, retailer, or other re-seller (collectively referred to as "Reseller(s)") authorized by DITEK to sell or distribute "DITEK" brand products.
Explanation of DITEK Trademark Usage Policy Proper use of trademarks is important. Trademarks are proper terms that identify the products and services of a business and distinguish them from products and services of other businesses or economic endeavors. The Policy is comprised of a number of specific rules. Most of those rules reflect the overarching requirement that a Reseller's use of DITEK's trademarks must be non-confusing and non-disparaging. By non-confusing, DITEK means that customers should always know with whom they are dealing when they buy or consider buying products or services. By non-disparaging, DITEK means that, outside the bounds of fair use, a Reseller cannot use our trademarks as vehicles for defaming DITEK or sullying its reputation.
Trademarks/Reservation of Rights DITEK is the owner of all rights, title and interest in DITEK trademarks listed in the DITEK Trademark List and corresponding logos, images, artwork and marketing materials (the "DITEK Mark(s)"). The DITEK Trademark List is attached. DITEK may modify the DITEK Marks at any time in its sole discretion. All goodwill resulting from use of the Marks shall inure solely to DITEK's benefit.
The attached Trademark List reflects registration status in the United States. Please note that it is illegal to use the ® symbol unless the mark is registered in the appropriate national Patent and Trademark Office. Please refer to the DITEK Trademark List periodically to ensure your compliance with the Policy.
DITEK may modify the Policy from time to time in its sole discretion, and will provide notice to Reseller of any modifications to the Policy. DITEK will enforce the Policy in its sole discretion. There are no third-party beneficiary rights to this Policy. Any failure by DITEK to require compliance with any provision of the Policy will not operate as a waiver to request strict compliance in the future.
Restrictions Unauthorized use of DITEK Marks is strictly prohibited. No Reseller may reproduce or use (or authorize the reproduction or use of) the DITEK Marks in any manner other than as expressly authorized by DITEK.
Reseller will not acquire any interest in any DITEK Mark and will use such Marks only as instructed by DITEK. Reseller is granted the right to use the Marks authorized by DITEK solely for advertising, promoting, packaging and selling DITEK products in accordance with the terms of this Policy. Reseller shall not register or allow any other party to register any of DITEK's Marks or any mark or name closely resembling or confusingly similar to them in any jurisdiction. Reseller shall not challenge or assist others in challenging DITEK Marks or the registration thereof. Websites that are not produced by DITEK should not imply, either directly or by omission, that they are owned or controlled by DITEK.
DITEK may request and Resellers will provide samples of any marketing, advertising, or other material that includes the DITEK Marks from time to time.
Always Use DITEK Marks As Proper Adjectives A trademark is an adjective and should not be used as a verb or noun or in the possessive or plural forms. Every DITEK Mark should be followed by a generic term. As a minimum requirement, use the generic term after the DITEK Mark at least once in each written communication and, when appropriate, in broadcast matter the first time the DITEK Mark appears. Example: DITEK® surge protection Do Not Alter DITEK Marks When using a DITEK Mark, never vary the spelling, add or delete hyphens, make one word two, or use a possessive or plural form of the Mark. Do not abbreviate a DITEK Mark to create an acronym. Use the Correct Symbol When using a DITEK Mark in text form, always use the correct ® or ™ symbol, as indicated on the Trademark List, on the most prominent occurrence of the Mark. If no Mark is prominent, use the correct ® or ™ symbol on the first occurrence of the Mark. Once a DITEK Mark is correctly attributed on a document or web page, it is not always necessary to mark subsequent appearances of the DITEK Mark. Use Footnotes for Correct Attribution
Attribute DITEK Marks in a footnote as follows. Example: DITEK® is a trademark of Diversified Technology Group, Inc., its subsidiaries and affiliates. All other brands may be trademarks of their respective owners.
Note: The blank space should be a list of all DITEK Marks that appear in that particular piece.
Domain Names, Websites and other Internet Content
DITEK does not authorize the use of any DITEK trademark in any top level domain name or sub-domain, or any similar Uniform Resource Locator (URL) for any reason. Registration and use of a domain name or sub-domain containing any DITEK trademark is therefore a violation of this Policy. Resellers that utilize the Internet to sell DITEK products should ensure that each page of their website, and any emails sent to customers or prospective customers, comply with the terms and conditions of this Policy AND any and all federal, state or international laws as they pertain to conducting business on the Internet or through email.
For the clarification, a "domain name" consists of any top level domain name. For example: http://diteksurgeprotection.com.
A "sub-domain name" is part of a top level domain name. For example: http://fans.diteksurgeprotection.com. The word "fans" would be considered the sub-domain name for the root domain name "diteksurgeprotection.com."
Logo Sizing When using the DITEK Marks on a website that is not owned or operated by DITEK, the size and prominence of the DITEK Marks should not confuse consumers or mislead consumers into believing that the website is owned or operated by DITEK. Infringement by Third Parties Reseller shall promptly notify DITEK if it learns of any third-party infringement or threatened infringement of DITEK Marks. DITEK shall control any enforcement against such infringement or threatened infringement in its sole discretion. Third Party Trademarks Some authorized DITEK Resellers also sell products manufactured by third parties that are not affiliated with DITEK. When doing so, Reseller must not use the DITEK Marks to market, promote or attract sales to other third party products. On websites that sell products manufactured by both DITEK and third parties, Reseller must clearly identify the manufacturer of any such product. Non-Compliance with Policy If a Reseller does not fully comply with the Policy, DITEK may elect to: (a) terminate the Reseller's access to DITEK's Marks, (b) suspend or end the Reseller's participation in DITEK Reseller programs, (c) refuse to ship DITEK products to the Reseller, (d) refuse to do business with the Reseller, and/or (e) terminate or non-renew Reseller as an authorized DITEK Reseller. Questions or Comments If Reseller has any questions or comments about the Policy, please contact DITEK's Technology Development Manager, at 1-800-753-2345.
DITEK Trademark List
DITEK’s trademarks signify DITEK's high quality products and services, and they are valuable assets of the company. The following is a list of DITEK's trademarks and registered trademarks in the United States and certain other countries. Please note, however, that this listing is not all-inclusive and the absence of any mark from this list does not mean that it is not a DITEK trademark.
DITEK®
SMART SURGE®
SNAP LITE®
