Arlen Ness

Arlen Ness spends every day creating, testing, and delivering the best quality motorcycle products available. Arlen Ness has something for every angle of your motorcycle to enhance both form and function.

 

 

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Arlen Ness ADVERTISING POLICY 

Arlen Ness Enterprises, Inc. d.b.a.  Arlen Ness and Arlen Ness Motorcycles(“Arlen Ness”), has developed numerous products bearing the Arlen Ness name that it distributes under its own trade names and trademarks(collectively the “Trademarks”).  Arlen Ness also holds copyrights to the material in all of its catalogs and advertisements(“Copyrighted Material”).  In order to monitor the use of its trademarks and copyrights, Arlen Ness has adopted the following policies for its dealer network. 

Arlen Ness enjoys its relationship with all of its dealers/distributors and wants to work with each dealer/distributor to make their business as successful as possible.  Arlen Ness hopes that each dealer/distributor will respect the need for Arlen Ness to protect its trademarks, trade names, and Copyrighted Materials and will assist Arlen Ness by complying with this necessary Advertising policy. 

Authorized dealers/distributors may sell any Arlen Ness product at any price at their sole discretion.  However, Arlen Ness believes that marketing products bearing the Trademarks below the suggested retail price undermine Arlen Ness’ reputation, the industry reputation, and the image of the Products.  Therefore, Arlen Ness does enforce an Advertising Policy, which is intended to preserve the goodwill, market value, reputation, and image of Arlen Ness, the Products, and its Trademarks. 

“No Arlen Ness Product, Trademark or Copyrighted Material may be used in any advertisement, catalog or publication, whether printed, audio, video or electronic unless the price used is within a 10% margin of error of the current suggested retail prices as published by Arlen Ness.” 

Advertising practices that have the effect of reducing the advertised price below the level in the above Advertising Policy, such as for example, combining a product bearing an Arlen Ness Mark or trade name with a “free” product or in a “package” with other products or in with a discount coupon or promotional code and discounts with membership also violate the Advertising Policy.  Advertisements containing phrases such as “click for price,” “email for price,” “email best offer” or “call for price” or other similar phrases implying that the price will be below the allowed 10% margin of error of the suggested retail price and is a violation of the Advertising Policy.   

Advertisements that offer discounts must specifically and conspicuously exclude the Products.  An advertisement that offers or implies a price outside of the allowed 10% of the suggested retail price on any Arlen Ness product will be a violation of the Advertising policy.  This Advertising Policy is not applicable to any in-store advertising such as in‐store displays or signs. 

For purposes of this Advertising Policy, “advertisement” is defined as any advisement, announcement, information, publication, or notice given or made by a Dealer/Distributor in connection with the solicitation of business or sales of the products covered by Arlen Ness Advertising Policy in whatever medium is now know or hereafter developed including print, radio, newsletter, television, handbill, sign (except signs inside the Dealer’s/Distributor’s retail store), catalog, letter (including e‐mail), electronic media, telecommunication, internet or online auction.  For purposes of Internet sales, the entire web site, including, the “shopping cart” or similar web site location, will be considered part of the “advertisement” if it can be accessed by links contained on or within the web site. 

It is a violation of the Advertising Policy for any Dealer/Distributor to support, supply, or in any way facilitate other dealers, distributors, or retailers who advertise in violation of the Advertising Policy. 

If Arlen Ness discounts its dealer price on any product it will also reduce the suggested retail price on that product and the Dealer can advertise using that reduced suggested retail price. 

To be sure that an advertisement complies with the Arlen Ness Advertising Policy, a Dealer/Distributor may submit the advertisement to Arlen Ness for approval prior to printing and distribution.  Please allow additional time when using Arlen Ness Trademarks and/or Copyrighted Materials in advertisements and publications.  These requests for approval can be submitted directly to Arlen Ness, at its Dublin, California headquarters, attention Cory Ness or Eric Klein and Arlen Ness will respond to each request within ten (10) business days.

If a Dealer/Distributor violates the Advertising Policy, Arlen Ness will enforce this Policy in the following manner: 

FIRST OFFENSE:  

Dealer/Distributor will receive a documented notice of violation (“Notice”) and will be given thirty (30) calendar days to remove the offending print advertisements from publication and distribution and three (3) business days to remove any offending electronic advertisements from web pages or Internetsalessites. 

SECOND OFFENSE:  

Dealer/Distributor will receive a Notice and will be placed on a non‐ship basis for a period of thirty (30) days from the date of the Notice with regard to all products sold by Arlen Ness. 

THIRD OFFENSE:  

Dealer/Distributor will receive a Notice and will be placed on a non‐ship basis for a period of ninety (90) days from the date of the Notice with regard to all products sold by Arlen Ness.  Dealer/Distributor will not be permitted to use Arlen Ness’ Copyrighted Material including, but not limited to, product images. 

FOURTH OFFENSE:  

Dealer will receive a Notice and will be placed on a non‐ship basis indefinitely with regard to all products sold by Arlen Ness. 

Arlen Ness grants to its Dealers/Distributors a revocable, non‐exclusive, non‐transferable worldwide license, for as long as the Dealer/Distributor is selling products produced and sold by Arlen Ness, to use the Trademarks and Copyrighted Materials, provided the Dealer/Distributor complies with this Advertising Policy.  Such limited license does not include the right of Dealers/Distributors to register the Trademarks as or within domain names or to use the Trademarks Dealer/Distributortrade names.  Arlen Ness further grants to its Dealers/Distributors a revocable, non‐transferable license, for as long as the Dealer/Distributor is selling products produced and sold by Arlen Ness, to reproduce, distribute and display Copyrighted Materials in order to promote and sell Arlen Ness products worldwide.  Any use of the Trademarks or Copyrighted Materials shall be accompanied, where appropriate, by an appropriate attribution identifying Arlen Ness as the owner of the Trademark and/or Copyrighted Materials used.   Dealer/Distributor recognizes that Arlen Ness has the exclusive right to all Trademarks used by Arlen Nessto identify its products and Dealer/Distributor agrees that it will not claim any right, title, or interest therein.  Nothing herein shall be construed to give Dealer/Distributor any right, title, or interest in the Trademarks or Copyrighted Materials. 

Any violations of this Policy and/or any apparent unauthorized use of the Trademarks or Copyrighted Materials should be reported to the Arlen Ness Marketing Department. 

Arlen Ness Enterprises, Inc. ● 6050 Dublin Blvd., Dublin, CA 94568 ● Phone: 925-479-6350 ● Fax: 925-479-6351 ● www.arlenness.com