YETI Brand Policy
Last updated 15 February, 2022
YETI Australia Pty Ltd (“YETI”) has adopted this updated policy on brand image and advertising described below (“Brand Policy”) applicable to all YETI distributors, dealers, or retailers who purchase and resell YETI products in Australia or New Zealand (“Dealer”). YETI recognises the value to end users of Dealers providing the services of stocking, promoting, and supporting YETI products. YETI desires to promote such services with advertising that focuses on high quality, superior performance, unique features, customer service, and similar attributes that convey the superior brand image associated with YETI and its products. In YETI’s opinion, advertising or promoting discounts erodes the perception of YETI products and the YETI brand in the view of end users, and also reduces the incentives of retailers to support and sell YETI products. In order to maintain and build brand equity and encourage Dealers to invest in the marketing and sales of YETI products, YETI is updating this Brand Policy as detailed below effective as of 1st May, 2022.
This Brand Policy is a unilateral policy of YETI and is not a part of or incorporated into any agreement that YETI has with any distributor, dealer, or retailer.
1. ONLINE ADVERTISING POLICIES
Resale of YETI products directly by a Dealer or via referral at any online location or website (including internet forums, discount websites, or online auction sites, including, but not limited to, eBay, Gumtree, Amazon, Etsy, Craigslist, Facebook Marketplace, etc) without prior written approval of YETI pursuant to a separate written agreement is strictly prohibited.
Except as provided in the last sentence of this paragraph, a Dealer shall not, at any time, bid through any paid search engine marketing or keyword campaigns (e.g., pay-per-click or product listing ads) available on any website, including without limitation any online marketplace site or social media site, on the following trademarks and terms or on any variation or misspelling of such marks or terms: YETI; YETIcoolers; YETI Coolers; YETICooler; YETI Cooler; YETI.com; YETICoolers.com; www.YETI.com; YETI Australia; YETI.com.au; au.YETI.com; YETI New Zealand’ YETI.co.nz; nz.YETI.com or www.YETICoolers.com. A YETI Dealer may use and bid on a YETI brand, or a YETI brand plus a specific model reference, such as “YETI Roadie” or “YETI Roadie 20”, “YETI Tundra” or “YETI Tundra 45”, etc.; provided, however, that such actions are taken in connection with an offer to sell such products or on search engines dedicated to assisting consumers to shop.
2. ADVERTISING AND BRAND IMAGE
Dealers must not use, advertise or promote YETI products in an illegal or deceptive manner, as such actions would have a negative impact on the brand image of YETI and YETI’s products. YETI may respond to violations of any of the foregoing as described in Section 3 below.
“YETI”® is a registered trademark of YETI. A Dealer may not use “YETI” or any other trademark, service mark, trade dress, trade name, logo, copyright, or other intellectual property right of YETI to solicit sales, except to the extent such use is in strict compliance with YETI’s General Terms and Conditions of Sale as may be revised from time to time by YETI in its sole discretion.
3. POLICY VIOLATIONS
If YETI determines, in its sole discretion, that a Dealer has violated a provision of this Brand Policy and so notifies the Dealer, then in addition to requesting that the violation be remedied in a timely manner, YETI may immediately and without notice (a) reduce Dealer’s allocation of YETI products; (b) refuse to accept orders from Dealer on new or limited edition YETI products for a period of time; (c) deny Dealer’s access to custom YETI products; and/or (d) require that Dealer forfeit any marketing, merchandising or other advertising benefit generally made available to YETI Dealers. In addition to these responses, YETI may terminate any agreement with, or suspend or decline to make any further sales to, any Dealer who violates any terms of the Brand Policy, if YETI believes its relationship with Dealer may no longer be in the best interest of the YETI brand, subject to such advance notice as YETI may provide, in its sole discretion, on a case by case basis.
4. GENERAL TERMS
YETI is not limited by the terms of this Brand Policy and has the right to exercise its own judgment in determining the Dealers with which YETI will do business, subject to the terms of any agreement with a Dealer.
Notwithstanding anything to the contrary contained herein, the Brand Policy is a unilateral policy of YETI and is not a contract or agreement with or by any Dealer. YETI, in its sole discretion, is responsible for interpreting and enforcing the Brand Policy and may modify, suspend, or terminate the Brand Policy at any time. In the future YETI may also, in its sole discretion, allow Brand “Holidays,” which refer to a period of time during which the Brand Policy will be temporarily modified by YETI in a defined manner.
Dealers should email questions regarding this Brand Policy to email@example.com . All interpretations and representations in respect of YETI’s Brand Policy shall be made by YETI’s CEO or SVP, General Counsel and Corporate Secretary. No other representative of YETI is authorised to make any representations or interpretations in respect of the Brand Policy, and any such attempted representation or interpretation is unauthorised and invalid.
This Brand Policy applies to Dealers only in Australia and New Zealand, and the terms of this Brand Policy do not apply to the extent any state or federal law expressly prohibits policies on advertising or marketing.
This Brand Policy is confidential and Dealers should not disclose this Brand Policy or communications related to this Brand Policy to any other person or entity.
Any capitalised terms not otherwise defined herein shall have the meanings given to them in the Sales Agreement and General Terms and Conditions of Sale.