Quality Standards Addendum

Dear Dealer,

Great memories are made in and around the pool. At Angarak, Inc., we are committed to you— the dealers that help CamerEye bring peace of mind to every pool owner who care about the safety of their loved ones. To protect our brand and the integrity of our Authorized Dealer network, CamerEye is providing you with additional updated quality control terms, which are applicable to all Authorized Dealers in the United States and effective 4/6/21.

The additional terms are outlined in the CamerEye Quality Standards Addendum, attached for your reference.  Among other benefits, our updated quality standards will ensure that all CamerEye dealers understand and take the steps necessary to ensure product quality and provide the excellent customer service that is integral to the reputation of our brand.  Authorized Dealers’ use of CamerEye intellectual property and maintenance of the license granted to dealers to use CamerEye’s intellectual property is contingent upon compliance with the Quality Standards Addendum.  Implementing these updated quality standards will also assist us in identifying and taking action against unauthorized sellers that are harming you and consumers through the sale of damaged, diverted, and otherwise low-quality products.

As a reminder, the Authorized Dealer/E-Retailer Application and Agreement authorizes the sale of CamerEye Products only on a dealer’s own website disclosed to CamerEye.  Sales by dealers on any other websites, including as a third-party seller on online marketplaces such as Amazon, eBay, and Walmart Marketplace, are not authorized without CamerEye’s separate written consent.

Finally, CamerEye has also updated its Minimum Advertised Price Policy (“MAP Policy”), which applies to all authorized dealers of CamerEye products in the United States.  A copy of the updated MAP Policy, which will be effective on 4/6/21 is attached for your review and reference.  As of 4/6/21, this MAP Policy supersedes all prior CamerEye policies and/or representations regarding minimum advertised prices or resale prices for CamerEye products applicable to any dealer.  To the extent that any provision, term, or agreement governing the relationship between CamerEye and any dealer may be construed in a manner that is inconsistent with the terms of this MAP Policy, the terms of this MAP Policy control.

Thank you for your careful attention to the attached CamerEye, Inc. Quality Standards Addendum, and for your continued support of CamerEye, Inc. and the CamerEye brand.  If you have any questions regarding the Quality Standards Addendum, please contact us at [email protected]

Sincerely,
Angarak, Inc.

Pursuant to the Authorized Dealer/E-Retailer Application and Agreement, Authorized Dealers are only permitted to use CamerEye intellectual property in the manner CamerEye may specify from time to time.  Accordingly, to protect the value and image of the CamerEye Marks, CamerEye Authorized Dealers selling Products falling under the CamerEye brand must comply with the following quality standards.  These standards supplement the terms contained in the Authorized Dealer/E-Retailer Application and Agreement.  Unless otherwise defined in this Quality Standards Addendum, capitalized terms herein have the same meaning as in the Authorized Dealer/E-Retailer Application and Agreement.
 

  1. Caring for CamerEye Products. To ensure all dealers selling Products under the CamerEye brand sell products meeting consumer expectations for the CamerEye brand, Authorized Dealers are required to abide by the following product quality requirements.
    1. Dealer shall comply with all instructions provided by CamerEye regarding the storage, handling, shipping, disposal, or other aspects of the Products, including instructions provided on Product labels, and, at a minimum, store Products in a cool, dry place, away from direct sunlight, extreme temperatures, and excess moisture.
    2. Except where Dealer has entered into a drop-shipment arrangement with CamerEye whereby CamerEye ships Products on Dealer’s behalf to Dealer’s customers, under no circumstances shall Dealer permit orders for Products to be fulfilled in any way that results in the shipped Product coming from stock other than Dealer’s.
    3. Dealer shall ensure that any third-party logistics provider engaged by Dealer to store inventory or fulfill orders for the Products is aware of and complies with all product quality controls and customer service standards described herein or otherwise conveyed to Dealer by CamerEye. Dealer shall ensure that any such third-party logistics provider stores Dealer’s inventory of Products separately from any Products owned by any third party.  Upon request by CamerEye, Dealer shall disclose its use of third-party logistics providers, including the identity and location of any third-party logistics provider, and shall cooperate with CamerEye in investigating any concerns related to the Products that may relate to Dealer’s use of a third-party logistics provider.  Under no circumstances shall Dealer permit orders to be fulfilled by a third-party logistics provider in any way that results in the shipped Product coming from stock other than Dealer’s.
    4. Dealer shall sell Products with their original labels, tags and/or associated literature, and in original retail packaging. Relabeling, repackaging (including the separation of paired or bundled Products or the pairing or bundling of Products), and other alterations to Products or their packaging, tags, and/or associated literature are not permitted.
    5. Dealer shall not resell any Product as “new” that has been returned opened or repackaged.
    6. Promptly upon receipt of the Products, Dealer shall inspect the Products and their packaging for damage, defect, evidence of tampering, dead batteries, or other nonconformance (a “Defect”). If any Defect is identified, do not offer the Product for sale and promptly report the Defect to CamerEye in accordance with CamerEye’s current Product returns process.
    7. Dealer shall cooperate with CamerEye in the investigation and resolution of any quality issues related to the sale of the Products, including disclosing information regarding Product sources, shipment, and handling.

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  2. Providing Appropriate Customer Support. To ensure all dealers selling Products under the CamerEye brand provide a customer shopping experience meeting consumer expectations for the CamerEye brand, Authorized Dealers are required to abide by the following customer service requirements.
    1. Dealer shall conduct its business in a reasonable and ethical manner at all times and shall not engage in any deceptive, misleading, or unethical practices or advertising at any time. Dealer shall not make any warranties or representations concerning the Products except as expressly authorized by CamerEye.  Dealer shall comply with all applicable laws, rules, regulations, and policies (a) applicable to Dealer’s business and/or (b) related to the marketing and sale of the Products.  Dealer shall represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of CamerEye or the Products.
    2. Dealer shall not create, register, or use any domain name, social media screenname, or mobile application name that contains any CamerEye product name or trademark, nor a misspelling or confusingly similar variation of any CamerEye product name or trademark.
    3. To the extent Dealer offers Products for sale via a website authorized by CamerEye to sell the Products, the website shall have a mechanism for receiving customer feedback and Dealer shall use reasonable efforts to address all customer feedback and inquiries received in a timely manner. Dealer agrees to provide copies of any information related to customer feedback (including any responses to customers) to CamerEye for review upon request.  Dealer agrees to cooperate with CamerEye in the investigation of any negative online review associated with Dealer’s sale of the Products and to use reasonable efforts to resolve any such reviews.  Dealer shall maintain all records related to customer feedback for a period of one year following the creation or submission of such a record, to the extent legally permitted.  Nothing in this paragraph shall be construed to require Dealer to disclose identifying information about its customers to CamerEye.
    4. Dealer shall report to CamerEye any customer complaints or adverse claim regarding the Products and assist CamerEye in investigating any such complaints or adverse claims.
    5. Dealer shall cooperate with CamerEye in the investigation and resolution of any issues related to the customer service delivered to consumers before, during, and after Dealer’s sale of the Products.

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  3. Operating Dealer Websites. To ensure all dealers selling Products on websites authorized by CamerEye via the Authorized Dealer/E-Retailer Application and Agreement under the CamerEye brand do so in a manner appropriate for the CamerEye brand, Authorized Dealers are required to abide by the following e-retail requirements.
    1. Dealer’s website must not give the appearance that it is operated by CamerEye or any third party, and must clearly state the Dealer’s legal name or registered fictitious name along with Dealer contact information.
    2. Dealer shall operate its website in compliance with all applicable privacy, accessibility, and data security laws, regulations, and industry standards.
    3. Dealer shall ensure that all Product images and descriptions on Dealer’s website are accurate and up-to-date.
    4. At CamerEye’s request, Dealer will reasonably cooperate in demonstrating and/or providing access to, and copies of, all webpages that comprise the Dealer website where Products are sold.

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  4. Confidentiality. This Quality Standards Addendum, and its attachments, if any, constitute “Confidential Information” as that term is defined in the Authorized Dealer/E-Retailer Application and Agreement and shall be used only in accordance with the provisions in the Authorized Dealer/E-Retailer Application and Agreement regarding the disclosure, use, and handling of Confidential Information.

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  5. Modification. CamerEye reserves the right to update, amend, or modify this Quality Standards Addendum at any time.  Unless otherwise provided, such amendments will take effect immediately, and Dealer’s continued use, advertising, offering for sale, or sale of the Products, use of the CamerEye Marks, or use of any other information or materials provided by CamerEye to Dealer will be deemed Dealer’s acceptance of the amendments.
View MAP Policy