Sales and Licensing Policy
Effective July, 2016
Seachem Laboratories, Inc. (“Seachem”) has established the “aquavitro®” line of premium products as a brand manufactured, promoted, and made available for sale in retail stores only. As a general matter, Seachem makes efforts to support the retail stores because of the vital role these stores play in expansion of the aquarium and pet care hobbies. The consumer who visits a retail store has the opportunity to examine in detail a wide variety of related products, become educated about their proper use, and see their actual application. Consumers also have the opportunity to ask questions and receive answers from other hobbyists and experts in the field. With respect to the aquavitro® brand, Seachem believes that restricting the availability of its highly desirable and premium products to retail stores encourages consumers to become more enthusiastic about the hobby, and helps to sustain a vibrant and growing retail aquarium and pet care industry.
No Online or Internet Sales:
Because of Seachem’s strong commitment to supporting the retail store, Seachem does not permit the use of any of its aquavitro® trademarks, service marks, or other intellectual property to be used for sales that do not occur in store, which include: online sales, internet sales, catalogue or mail order sales, retail chain store sales, and other similar sales where the customer does not physically visit the retail store to purchase the product. The prohibition on non-retail store sales for aquavitro® extends to all parties in the chain of supply who facilitate or otherwise tolerate a violation of our policy. Any license granted directly or indirectly for the use of aquavitro® products is limited to uses which are in accordance with “in-store” purchase and pickup, i.e. the consumer purchasing aquavitro® products from an independent retail store. The use of aquavitro® images or the brand name is expressly prohibited for use in any online sales, internet sales, catalogue sales, mail order sales, retail chain store sales, and other similar sales or electronic transactions where the customer does not physically visit the retail store to purchase the product.
Limited License for In Store Purchase Only
For those independent retail stores who have a store website, catalogue, or other electronic or printed display of goods available for purchase, a limited license is granted for the purpose of advertising that aquavitro® products are carried in stock and are available for in store purchase only; however, this in no way shall remove the prohibition on offering aquavitro® products for sale through the means or methods not permitted in this policy. Features that display the aquavitro® product prices online or request consumers to “add to cart”, “call for pricing”, or other similar invitation for commerce occurring outside the store are prohibited and expressly excluded from the license granted herein. Seachem revokes any license granted to any party violating this policy, and will defend its marks and policy to the fullest extent permitted by the appropriate governing authority, including but not limited to removing stores from the Seachem Select Dealer Program, reducing or eliminating distributor discounts or stopping sales to parties violating this policy or the distributors who supply the products to them.