Certain Standards for Retailer Identification in
Internet Domain Names or Other Web Identifiers
February 18, 2010
Dear DISH Network® Retailer,
This Important Notice is meant to update and provide further clarification on one of the topics discussed in the “Retailer Identification in Telephone Directories and Domain Names Important Notice” that was sent on May 9, 2008. This Important Notice contains certain standards that Retailers must follow regarding Internet domain names or other web identifiers that Retailers use to market, promote and solicit orders for DISH Network programming.
You must comply with all applicable terms and conditions of your DISH Network Retailer Agreement, Distributor Retailer Agreement(s) (if applicable) and your Trademark License Agreement with DISH Network L.L.C. when you are registering or using an Internet domain name or other web identifier in connection with the marketing, promotion and solicitation of orders for DISH Network programming.
Internet Domain Names or Other Web Identifiers – The following standards apply to Internet domain names or other web identifiers used for your retailer-ship:
- You may NOT register or acquire any Internet domain name or other web identifier that DISH deems to be confusingly similar to any Trademark registered or pursued for registration by DISH and/or any of its Affiliates, including without limitation, domain names or other web identifiers that contain any of the following:
- “DISH”;
- “NET”;
- “ECHO”;
- “Star”; or
- Any other word or combination of words identified or included in any Trademark.
- Furthermore, you may not use any Internet subdomain name that DISH deems to be confusingly similar to any Trademark registered or pursued for registration by DISH and/or any of its Affiliates (e.g., DISHNetwork.MyRetailerName.com).
- Country Code of Top Level Domains – The limitations listed above apply to generic domain names (e.g., ending in “.biz,” “.com” or “.net”) and to domain names that include top level domains associated with countries (e.g., “.us,” “.tv,” “.uk” or “.ws”)
- Landing Pages – Your website landing page and the highest level page where you discuss DISH in detail must identify your retailership name and include the following disclaimer:[Retailership Name as it appears in your Retailer Agreement(s) with DISH] is an authorized retailer of DISH Network L.L.C. DISH, DISH Network and DISH Network logos are trademarks, registered trademarks and/or service marks of DISH Network L.L.C. and/or its affiliate(s). The DISH Network trademarks, registered trademarks and/or service marks are used under license of DISH Network L.L.C. and/or its affiliate(s).
Additional Information
- There is a DISH Network Authorized Retailer logo available for your use on websites that you use to market, promote and solicit orders for DISH Network programming.
- We encourage you to consult your DISH Network Retailer Agreement, Distributor Retailer Agreement(s) and/or Trademark License Agreement to ensure that your domain names or other web identifiers are in compliance with the applicable terms and conditions thereof.
- Effective February 18, 2010, you must submit a list of all domain names that you use in connection with the marketing, promotion and solicitation of orders for DISH Network Programming to DISH by sending an email to vendorinquiries@dishnetwork.com. Discovery of a domain name registered to you that includes any word or combination of words identified or included in any Trademark that has not been submitted to DISH may result in the imposition of disciplinary action up to and including termination of your DISH Network Retailer Agreement and/or Distributor Retailer Agreement(s) (if applicable).
- Any actions taken by DISH with regard to this notice are without prejudice to any and all rights that DISH may have under the DISH Network Retailer Agreement, the Distributor Retailer Agreement and/or the Trademark License Agreement, all of which are hereby expressly reserved.
- Should you have any questions, or to report a suspect domain name or other web identifier, please send an email to vendorinquiries@dishnetwork.com.
Thanks for supporting DISH Network!
The foregoing (including without limitation, brief description(s) of certain terms and conditions applicable to each of the Promotional Programs named in this Important Notice) may be subject to applicable Business Rules and/or different terms and conditions of your Retailer Agreement with DISH Network L.L.C., formerly known as EchoStar Satellite L.L.C. (“DISH”). In the event of any conflict or inconsistency between the terms and conditions set forth in any applicable Business Rules or your Retailer Agreement and the terms and conditions set forth above, the terms and conditions of such Business Rules and/or such Retailer Agreement shall control.
With respect to hardware purchased by a Retailer from Echosphere L.L.C. (“Echosphere”), all equipment discounts and other Incentives shall be paid by DISH subject to and in accordance with the terms and conditions of each participating Retailer’s Retailer Agreement and applicable Business Rules. With respect to hardware purchased by a Retailer from an Authorized Distributor, any and all equipment discounts and other Incentives shall be paid by the Authorized Distributor in accordance with and subject to the terms and conditions of your applicable agreement(s) with such Authorized Distributor. Notwithstanding anything set forth in this Important Notice to the contrary, any and all references herein to equipment discounts and/or other Incentives shall apply solely and exclusively to Retailers who purchase their hardware from Echosphere. All capitalized terms not otherwise defined in this Important Notice shall have the meanings ascribed to them in your Retailer Agreement.
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