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 STIHL Dealer Shopper's Charge Application and Dealer Agreement

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STIHL's Internet Policy
USE OF STIHL TRADEMARKS ON THE I NTERNET
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Permitted Uses. Use of STIHL trademarks on the Internet,
like all uses of STIHL trademarks by authorized dealers or distributors,
must be only in connection with the promotion of STIHL products.
Any use of a STIHL trademark in connection with other goods or services
constitutes trademark infringement and will be treated as such.
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Domain Names and Email address. Under no circumstances shall
a STIHL dealer use the mark "STIHL" in a domain name or Email address.
Usage of the mark STIHL or any other STIHL trademark in a domain
name or Email address may be confusing or deceptive to consumers
and as such violates STIHL policy, as well as federal and state
trademark laws. Any such usage shall be regarded by STIHL as trademark
infringement. STIHL will take action, including legal action as
it deems appropriate, to prevent consumer confusion and to protect
STIHL trademarks.
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Acknowledgement of Trademark Ownership. Use of any STIHL
trademarks on a dealer or distributor's web site should be accompanied
by a notice indicating that STIHL® and any other STIHL trademarks
in use on the site, are registered trademarks of Andreas Stihl.
See Web Site Content (Item 5) below, for additional information
about required notices.
W EB S ITE C ONTENT
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No Misleading References to Corporate Affiliation. Nothing
on a dealer or distributor's web site should imply that the site
is "sponsored" by STIHL or is otherwise a STIHL corporate site.
Similarly, nothing on a dealer web site should suggest or otherwise
convey that it is the only STIHL dealer site or that the dealer
has any kind of "preferred" or elevated status as compared to other
STIHL dealers.
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Links. STIHL dealers and distributors may include links
on their web sites to STIHL Inc.'s web site, located at URL www.stihlusa.com.
STIHL policy does not permit the placement of links from STIHL's
web site to dealers' sites.
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Advertising/Promotional Materials. In consideration for
the advertising support STIHL dealers provide to STIHL by the promotion
of STIHL products on such dealers' web sites, STIHL hereby grants
to each such authorized dealer a license to reproduce graphic material
and textual material in the nature of product photographs, descriptions,
and specifications, from STIHL's corporate web site or from current
STIHL product literature for use on such dealer's web site. The
license granted herein relates to photographic and textual material
only. Nothing in this policy shall be construed as granting a license
in any proprietary software or search mechanisms, including, without
limitation, the "Dealer Locator" and "Virtual Dealer" programs located
on STIHL's corporate web site.
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Future Enhancements. STIHL is in the process of developing
a file transfer protocol (FTP) to provide dealers with an easily
downloadable "library" of product materials for use by dealers on
their web sites. All materials made available to dealers through
such future enhancements are subject to the terms and conditions
set forth in this Internet Policy, as it may be amended from time
to time in STIHL's sole discretion.
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Acknowledgement of Intellectual Property Ownership. Any
use of STIHL's intellectual property on a dealer's web site (for
example, copyright-protected photography or textual material licensed
in accordance with this policy, or trademarks used in connection
with such material) should be accompanied by a notice acknowledging
STIHL's ownership of such property and indicating that its use on
the dealer site is by permission. STIHL strongly encourages dealers
to include a "legal notices" or "terms and conditions" page on their
web sites, to provide visitors with appropriate legal information
about use of the site, but in any case, notices with respect to
STIHL's intellectual property must be included on the site. With
respect to the copyright-protected material licensed from STIHL,
the dealer's web site should acknowledge STIHL's ownership of the
licensed materials and specifically grant the web site visitor the
right to view and download a single copy of the material for their
personal, non-commercial use. The ® symbol, with respect to registered
trademarks, or the TM symbol, in other cases, must accompany all
uses of STIHL trademarks. Any questions regarding the proper use
of STIHL intellectual property should be directed to The Product
Information Department, Stihl Incorporated.
I NTERNET S ALES
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No Internet Sales. STIHL encourages dealers to include informational
materials about STIHL products on their web sites. In accordance
with STIHL's no-mail order policy, however, STIHL does not permit
sales of its products over the Internet. Delivery of any STIHL product
to a customer must be made in person by a trained dealer employee.
M ISCELLANEOUS
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Supplements. STIHL is currently studying the impact of the
Internet on the sales and marketing of STIHL products and expects
to supplement this Internet Policy in accordance with its observations
and conclusions.
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No Reliance. STIHL reserves the right to change this policy
at any time. Any investment made by a dealer in web site development
and Internet marketing in reliance on this Internet Policy is made
at the dealer's own risk.
What to Do When an Inquiring Customer
E-mails You About an Internet Sale
Reprinted from The STIHL Post
Vol. 4, No. 2
Summer, 2000
STIHL is very clear about its policy of no catalog sales by dealers
to consumers, and the CDC/BME price books clarify this position in two
places. The selling of STIHL branded products via the Internet is strictly
forbidden.
Dealers should be aware that STIHL, Inc. is policing the Internet and
checking all STIHL dealer websites. They notify CDC/BME if they find
a dealer out of compliance and if the dealer doesn't stop immediately,
their account is cancelled.
As STIHL Southeast noted recently in a memo to its dealers, there are
certain selling procedures that must be followed to separate us from
mass merchants, and to allow us to meet product liability criteria.
The following e-mail correspondence between a prospective customer
and a dealer is a fine example of how STIHL dealers should respond to
sales inquiries from Internet consumers.
The Customer Wrote:
“Please send me a quote on a STIHL 026 Pro saw with
an 18 inch bar and chain. Price should include delivery to Kray Acres,
SC.”
“Thanks for the inquiry, Jerry. For liability reasons, STIHL insists
that chain saws be properly set-up, serviced, and provided to customers
with proper operating instructions—in person.
“I concur with their philosophy and policies in this regard, even
though many dealers will ship these products via UPS and other means.
“My suggestion is that you should purchase your saw from a STIHL
dealer close by. A good dealer is worth a few extra dollars.”
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