Fujitsu Computer Products of America, Inc. Intellectual Property Rights & Minimum Retail Pricing (MRP) Policy

Region: United States

Policy Background
Fujitsu Computer Products of America, Inc. provides high quality, premium scanning equipment. Fujitsu Computer Products of America, Inc. believes it is important that its Resellers provide skilled, professional assistance in demonstrating, explaining, selecting, and purchasing Fujitsu Computer Products of America, Inc. equipment. Fujitsu Computer Products of America, Inc. recognizes that its Resellers must earn sufficient profits to provide those services. Fujitsu Computer Products of America, Inc. has determined that advertising products at prices below certain levels undermines Fujitsu Computer Products of America, Inc.’s trade reputation, image, promotional investments, and marketing strategy as a premium supplier of equipment and makes it less likely that Resellers will carry Fujitsu Computer Products of America, Inc. products or earn sufficient profits. Consequently, Fujitsu Computer Products of America, Inc. has established a Minimum Advertised Price (“MRP”) Policy. This Policy applies to all Fujitsu Computer Products of America, Inc. branded products and Fujitsu Computer Products of America, Inc. has unilaterally determined not to do business with Resellers who advertise its products below MRP or advertise in any way that violates this policy. The business relationship between Fujitsu Computer Products of America, Inc. and each of its Resellers remains an “at will” business relationship. Fujitsu Computer Products of America, Inc. reserves the right to terminate such business relationships without cause and at any time.

Intellectual Property Rights
Fujitsu Computer Products of America, Inc. is the sole owner or licensee of all intellectual property rights associated with its products, including but not limited to all patents, copyrights, trademarks, trade names, brands, images, descriptions, and likenesses of its products ("https://fujitsuscannerstore.com/"). No alterations to Fujitsu Computer Products of America, Inc.’s Intellectual Property will be allowed without prior written consent from authorized Fujitsu Computer Products of America, Inc. personnel. Fujitsu Computer Products of America, Inc. reserves the right to revoke Intellectual Property usage privileges at any time for any reason without prior notification or warning to any user.

Sale of Parts and Consumables for Scanning Equipment
Fujitsu Computer Products of America, Inc. is the only authorized provider of parts and consumables for scanning equipment. Sale of counterfeit parts and consumables for scanning equipment is strictly prohibited. Counterfeit parts are those that are misrepresented as to their origins or quality. Counterfeiting of parts infringe legitimate trademark rights. Furthermore, use of counterfeit parts and consumables in scanning equipment voids the manufacturer’s warranty and can cause catastrophic damage to the equipment.

Policy Application
Resellers are free to advertise and establish their own resale prices, below Fujitsu Computer Products of America, Inc.’s MRP Policy. The Policy shall be monitored and enforced across all channels of communication including, but not limited to:
• Ecommerce and non-transactional web sites
• Online advertising, including pricing published on shopping/price comparison sites, banner advertising, and/or text-based advertising
• Print advertising, newspapers, magazines, fliers, posters, coupons
• Television, radio, public signage or outdoor advertising
• Direct mail, catalogs, inserts
• Email, social media or similar electronic media marketing
• Prices shown in any online “checkout” function.

This Policy will be monitored and enforced by Fujitsu Computer Products of America, Inc. This Policy applies to the Reseller, its direct or indirect affiliates, subsidiaries, successors and assigns.

Advertising that in any way suggests or implies a price lower than the minimum advertised price, will be considered a violation of this Policy. Policy violations occur whenever advertised prices are below MRP, including but not limited to:
• Advertised rebates
• Instant savings
• Package pricing, bundle pricing or discounts
• Storewide and/or department-wide sales and discounts

Policy Exceptions
Advertised pricing that is below MRP on account of application of an Fujitsu Computer Products of America, Inc. sponsored rebate or discount only is not a MRP violation if application of the Fujitsu Computer Products of America, Inc. rebate or discount is clearly designated in the advertised pricing, and the advertised pricing without the Fujitsu Computer Products of America, Inc. rebate or discount is at or above MRP. Pricing that is made available to customers that have either specifically registered and/or opted-in to receive special pricing is not considered a violation of MRP. From time to time, Fujitsu Computer Products of America, Inc. may discontinue or engage in promotions in relation to certain Fujitsu Computer Products of America, Inc. Products. In such case, Fujitsu Computer Products of America, Inc reserves the right to modify or suspend MRP with respect to the affected Fujitsu Computer Products of America, Inc. Products, in which case Fujitsu Computer Products of America, Inc. will notify Resellers accordingly.
Remanufactured Products
Sales of remanufactured product are not subject to this Policy, and sale of remanufactured product by a deauthorized Reseller does not void the warranty coverage for that product.
Public Contracts/Agreements:
Pricing below MRP may be displayed on a web site or in promotional materials as necessary to support public contracts and/or purchasing agreements. In this situation, reasonable measures must be taken to verify the eligibility of a customer to have access to or purchase at the stated prices. Exceptions include, but are not limited to:
• Federal government (GSA) contracts.
• State or local public sector contracts.
• Cooperative purchasing contracts.

Policy Violations
Fujitsu Computer Products of America, Inc. Resellers are expected to adhere to this Policy based on the benefits stated in the Policy Background section above. This Policy will be monitored and enforced by Fujitsu Computer Products of America, Inc. If it is discovered that a Fujitsu Computer Products of America, Inc. Reseller is not acting in accordance with this Policy, Fujitsu Computer Products of America, Inc. reserves the right to take unilateral action without assuming any liability. These actions could include: Deauthorization of Reseller from purchasing and reselling Fujitsu Computer Products of America, Inc. products, withholding co-operative advertising finds, market development funds (MDF), withdrawal of license to Fujitsu Computer Products of America, Inc. intellectual property, rebates or a Fujitsu Computer Products of America, Inc. discount and/or ceasing to do business with the Reseller altogether. Such a decision will be made solely by Fujitsu Computer Products of America, Inc management at its discretion. Products sold by deauthorized Resellers are unable to be verified and lack quality control, therefore Fujitsu Computer Products of America, Inc. will not provide any warranty to products sold by deauthorized Resellers. Any enforcement action is solely Fujitsu Computer Products of America, Inc.'s unilateral decision and responsibility and applies to advertised products only. Resellers remain free to sell Fujitsu Computer Products of America, Inc. Products at the price they choose.
Fujitsu Computer Products of America, Inc. reserves the right to modify this Policy any time at its discretion.

Distributor Responsibilities:

• Fujitsu Computer Products of America, Inc. will provide Distributors with de-authorized reseller list
• Fujitsu Computer Products of America, Inc. will also post the deauthorized reseller list
• Distributors shall update their systems accordingly within one week of the dated communication

Fujitsu Computer Products of America, Inc. Sales Policy Administration
Policy modifications shall be made available on the Fujitsu Computer Products of America, Inc Partner Portal found at: Fujitsu Computer Products of America, Inc.
No employee or sales representative of Fujitsu Computer Products of America, Inc. Computer Products of America, Inc has any authority to discuss, grant exceptions, or modify this Policy. Any person who purports to modify this Policy, to solicit or obtain the agreement of any reseller regarding this Policy, is unauthorized to do so, and any agreement is invalid.

No Agreement is Intended
Nothing in this MRP policy is to be intended to be a contract or agreement between Fujitsu Computer Products of America, Inc. and any Reseller as to the terms of this Policy.
Fujitsu Computer Products of America, Inc. will not discuss any conditions of acceptance related to this Policy, as it is non-negotiable and will not be modified to accommodate any Reseller. Furthermore, Fujitsu Computer Products of America, Inc. does not solicit, nor will it accept, any assurance of compliance with this Policy. Any questions about this Policy should be in writing and directed to the Fujitsu Computer Products of America, Inc. Corporation Legal Department. No oral communications about this Policy are authorized.
If you have any questions about this Policy, please write to: Fujitsu Computer Products of America, Inc Legal Department, legal.pfu@us.fujitsu.com

Warranty Info
The first sale doctrine provides no protection when an unauthorized seller sells products that are “materially different” from those sold by the brand’s authorized sellers. If the trademark holder can establish that a material difference exists that can confuse consumers, then the first sale doctrine will not apply. The basis for this exception is that, while there is ordinarily no possibility of consumer confusion when a resold product is identical to authorized, genuine products, there is a high risk of confusion when the same trademark is displayed on a product that is not identical to the genuine product, but happens to bear strong similarities in appearance and/or function.
For this reason, courts hold that the threshold for what constitutes a “material difference” is low. A material difference can be any difference a consumer would likely consider to be relevant when purchasing a product. Importantly, differences do not have to be physical differences to satisfy this standard – indeed, courts hold that it is often the most subtle differences that are likely most likely to confuse consumers.
For example, courts have recognized that certain benefits accompanying the authorized sale of a genuine product can constitute material differences where those benefits do not likewise accompany products sold by unauthorized sellers. These differences can include variations in guarantee or warranty coverage, available customer service or technical assistance, or post-sale consumer benefits, unique information provided by authorized sellers, among others. When customers purchasing a “genuine” product get additional associated benefits—like a warranty, money-back guarantee or access to promotions—consumer confusion results when unauthorized resellers are offering the same products without the same associated benefits, and a claim for trademark infringement arises.


The following online companies are not authorized to sell Fujitsu products

  • After Market Guru
  • EMPIRE KASE
  • Networking Hardwares
  • ADI Supplies
  • Enseada Corporation
  • Price Master Jay
  • APR Computers
  • ESUPPLY LLC
  • Qbservices.net
  • aSavings
  • Focus Camera
  • QPTechs
  • Axis Insurance Agency
  • Go4computers
  • PriceBYTER
  • Aztek Computers
  • Hippo-Deals
  • SAB Computer
  • BARGAINSFORU
  • Intek
  • Score Mighty
  • BecTechGlobal/Ceccela's
  • KCH Corporation
  • Spa Guardian
  • Black Rock Business
  • Many Eyes
  • thefactorydepot.com
  • Calvin Martin & Company, PLLC
  • Merchant Light
  • Triplenet Pricing Inc
  • CE Showroom Inc
  • Moon Tech
  • WHS GROUP LLC
  • Digital Foto Discount
  • Multiculus
  • Wingman Inc


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