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r.g. barry corporation paid media advertising policy - Dearfoams®

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 Dearfoams®, including, but not limited to Dearfoams®, Baggallini®, Foot Petals®, and its sub-brands (the “Dearfoams®”) by all of our resellers, distributors, and customers (referred to herein as “authorized resellers”). This Dearfoams® (“Dearfoams” or “brand”) policy applies to all Dearfoams® 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, Dearfoams and supplements but does not supersede any other applicable R.G. Barry or Dearfoams policies.

exclusive ownership and use of r.g. barry trademarks

The Dearfoams® 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”).

Any use of the Trademarks 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 paid media purposes at any time. 

To request permission to use one of Dearfoams®’ Trademarks or to ask questions regarding this paid media policy, please email RGB_paidmediapolicy@rgbarry.com, and we will respond within five (5) business days.

defining paid media

Any digital marketing medium (referred to herein as “paid media”) that promotes Dearfoams or its products includes, but is not limited to, the following channels: paid search, PPC campaigns, PLA (product listing ads) or shopping sites, display, retargeting, programmatic, marketplaces, etc.

paid media restricted keywords

Dearfoams reserves the exclusive right to use its Trademarks, brand names, product names or branded technologies (StepFoam, FreshFeel) if trademarked, and any misspellings (for example, Dearfoam, Dear Foam, Deerfoams), and/or any variations of these, for the purpose of keyword bidding for advertising campaigns:

  • Dearfoams
  • Deluxe by Dearfoams
  • DF by Dearfoams
  • Dearfoams.com

While Dearfoams does not permit authorized resellers to use the Trademarks as keywords in paid media advertising campaigns, Dearfoams does allow the use of these Trademarks in paid media ad copy or messaging.

domain name usage

Authorized resellers may not use any of the Trademarks or any misspellings or variations of the Trademarks in the construction of top-level domain names. For example, www.buydearfoams.com and www.shopdearfoams.com are forbidden.

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 Dearfoams for its approval. At Dearfoams’ request, and in Dearfoams’ sole discretion, an authorized reseller must (1) transfer to Dearfoams 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.

paid media ad messaging and content

To promote the integrity and value of the Dearfoams, the authorized reseller may not use the following words or phrases in any paid media ad messaging or content:

  • Bargain
  • Best price
  • Cheap
  • Contest
  • Free
  • Giveaway
  • Low quality
  • Low price or lowest price
  • Official site or official store
  • Superior price
  • Sweepstakes
  • Unbeatable price

Dearfoams maintains the right to demand modifications to any paid media ad messaging or content for a Dearfoams Brand product that, in Dearfoams’ sole discretion, conflicts with or diminishes the integrity or value of the Dearfoams.

notices

If an authorized reseller is contacted by Dearfoams regarding its paid media strategies, Dearfoams requests that the authorized reseller respond to Dearfoams within five (5) business days to discuss and potentially rectify any issue within a mutually-agreed upon timeframe between the parties.

Dearfoams 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 Dearfoams trademark, trade name, copyright, patent, logo, or any other intellectual property of Dearfoams, including but not limited to the Trademarks, other than the right, title and interest previously granted to the authorized reseller by Dearfoams. 

penalties for noncompliance

Authorized resellers may independently determine whether or not to comply with this policy.  However, if Dearfoams believes an authorized reseller has violated or intends to violate this Internet Advertising Policy Dearfoams reserves the right to cancel pending orders, restrict future orders and/or suspend authorized resellers’ accounts. Dearfoams 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: Dearfoams will send an email/written notice to the attention of the authorized reseller’s buyer with a screenshot of policy violation. This email will encourage the reseller to forward the message to its digital marketing team or agency.
  • 2nd Violation: Should Dearfoams become aware that an authorized reseller has continued to violate this policy, it will send a written notice to such reseller and will be sent to buyer and legal team. It is the responsibility of these parties to communicate the issue to its digital marketing team or agency to remedy.
  • 3rd Violation: Dearfoams 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.
  • 4th Violation:  Dearfoams 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 Dearfoams 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 to RGB_paidmediapolicy@rgbarry.com with any questions that arise. Again, we will respond within five (5) business days.

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