As most of you know, The Kirby Company regularly monitors the Internet for misuse of its trademarks. Unfortunately, several distributors have tried to sell new Kirby units over the Internet.
Selling new Kirby Units over the Internet violates Section 3 of your Distributor Agreement:
Exclusively Consumer End-User Sales: Except for sales within Distributor’s own sales force and commercial sales in accordance with paragraph 8, all Kirby Systems purchased by Distributors hereunder are purchases solely and exclusively for resale by in-home individualized customer demonstration to consumer end-users pursuant to the Company’s marketing System, unless the Company otherwise expressly authorizes in writing. Distributor further agrees to use his/her best efforts to conduct the in person demonstration in the home of the consumer end-user. Distributor agrees that any other resale is strictly prohibited by this Agreement and will constitute a material breach hereof by Distributor. Distributor agrees that he/she is directly and solely responsible for all actions of his/her Distributor Trainees, Independent Dealers and employees in violation of this paragraph…A violation of the “Exclusively Consumer End-User Sales” provision constitutes specific grounds for the Company terminating this Agreement pursuant to paragraph 14(b) hereof, and/or taking any other action which it believes appropriate under the circumstances.
It does not matter whether you, someone in your sales force or a third party makes these sales. You are responsible, so be sure everyone understands our policy.
Selling machines without conducting an in-home demonstration, such via the Internet, irreparably harms our business and the reputation of Kirby.
If you become aware of someone purchasing a unit over the Internet report it to Consumer Relations (800-494-8586).
This note is a reminder for you to monitor your organization. Immediately report any lost or stolen machines to Consumer Relations.
We want to and will protect the Kirby opportunity for you and your future promotees.