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1. Applicability of these terms
1.1 These terms (Terms) are applicable to all agreements between Eichholtz Corporation USA (Eichholtz) and a customer (Reseller) whereby the Reseller purchases products from Eichholtz (EICHHOLTZ-products) for resale to other resellers or to end-users.
1.2 The Reseller undertakes that all third parties involved with the resale of EICHHOLTZ-products comply with (mutatis mutandis) these Terms.
1.3 The Reseller undertakes to agree with its professional customers of EICHHOLTZ-products that these Terms (mutatis mutandis) are applicable to their agreement and that these customers will agree that same with their professional customers and so on. Reseller shall remain liable for any breach of these Terms by any of Reseller’s customers.
2.1 The Reseller shall offer EICHHOLTZ-products and images thereof only in a (digital or physical) environment that does justice to the high quality, style, and exclusive image of Eichholtz.
2.2 The Reseller shall not advertise or promote the sale of EICHHOLTZ-products in a manner that may damage the prestigious image or reputation of Eichholtz or the EICHHOLTZ-products.
2.3 The Reseller shall not advertise or promote low prices or discounts for EICHHOLTZ-products through aberrant expressions (such as brightly colored advertising notices).
2.4 Reseller shall comply with all of Eichholtz’s instructions in regard to this section 2 and shall remove or modify any advertising or promotion of the EICHHOLTZ-products that does not comply with the foregoing, in Eichholtz’s sole discretion.
3.1 Reseller recognizes and agrees that the brand name EICHHOLTZ and the EICHHOLTZ-logo are internationally protected trademarks of Eichholtz and/or its subsidiaries, affiliated or sister companies or any other related company (EICHHOLTZ-trademarks) and have great value, goodwill, and consumer recognition.
3.2 Reseller will not interfere with Eichholtz-trademarks, including challenging Eichholtz’s use, registration of, or application to register such trademark, alone or in combination with other words or any similar trademark, anywhere in the world. Reseller will not harm, misuse, or bring into disrepute any Eichholtz trademark. The goodwill derived from using any part of a Eichholtz trademark exclusively inures to the benefit of and belongs to Eichholtz.
3.3 The Reseller may display the EICHHOLTZ-trademarks in sales promotion of EICHHOLTZ-products and in an overview of the brands that are offered for sale by Reseller according to Eichholtz’s guidelines and instructions.
3.4 In advertisements, Reseller may identify itself as an “Eichholtz Dealer”, and Reseller may otherwise use the EICHHOLTZ-trademarks only in connection with the advertising and sale of EICHHOLTZ-products. The proportion of display of the EICHHOLTZ-trademarks must be in accordance with good customs in the market and as instructed by Eichholtz at all times.
3.5 Reseller shall not have any right to form a business entity whose name includes the EICHHOLTZ-trademarks, or any names similar thereto.
3.6 The Reseller is not allowed to use the brand name EICHHOLTZ as (a part of) an AdWord, domain name or social media handle. Additionally, Reseller shall not operate any Internet website which is branded with the EICHHOLTZ-trademarks, or any of them, or any mark similar thereto, or which sells substantially only EICHHOLTZ-products.
3.7 The Reseller shall not attend any trade shows or conferences in which the Reseller brands itself with any of the EICHHOLTZ-trademarks, or any mark similar thereto.
3.8 Reseller will cooperate fully and in good faith with Eichholtz for the purpose of securing, preserving, and protecting Eichholtz’s rights in and to the EICHHOLTZ-trademarks. At the request of Eichholtz, Distributor will execute and deliver to Eichholtz any and all documents and do all other acts and things that Eichholtz deems reasonably necessary or appropriate to make fully effective or to implement the provisions of these terms relating to the ownership, use or registration of the EICHHOLTZ-trademarks.
3.9 Reseller shall comply with all of Eichholtz’s instructions in regard to this section 3, and shall remove or modify any usage of the EICHHOLTZ-trademarks that does not comply with the foregoing, in Eichholtz’s sole discretion.
3.10. This section 3 should apply mutatis mutandis to other IP-rights, including but not limited to design and copyrights.
4. Use of Images
4.1 Eichholtz owns the copyrights in the product photos (Product Photos) and photos with style impressions (Style Impressions) that are used by Eichholtz in its promotional material and on its website.
4.2 The Reseller shall only use in Reseller’s promotional materials Product Photos of products that Reseller has in stock at that time. Product photos of products that are no longer offered by Eichholtz for more than one season may not be used.
4.3 Eichholtz produces seasonal collections of Style Impressions. On its website and per print edition, the Reseller may display only Style Impressions from one such collection and up to five Style Impressions simultaneously.
4.4 If the Reseller wants to use Product or Style Impressions in another way than is permitted in these Terms, Reseller may only do so upon written permission by Eichholtz, which Eichholtz may grant or withhold in its sole discretion.
5. Compliance with Applicable Laws
5.1 All EICHHOLTZ-products must be marked, labeled, advertised, sold, and distributed in accordance with all applicable laws, rules, and regulations.
5.2 Reseller shall be responsible for assuring that all EICHHOLTZ-products sold by Reseller comply with all applicable laws, rules, and regulations within the applicable jurisdictions, including all labelling laws.
6.1. This document does not replace but complements all other Eichholtz terms including but not limited to the General Conditions and digital brand policy, which remain fully applicable.