Your obligations when selling Cel-Fi Products for Telstra
As part of being a reseller of Cel-Fi products via Powertec Telecommunications P/L you have obligations with regards to how you present Cel-Fi products for Telstra to your end user clients as follows:
Representations about Cel-Fi products:
(a) Except as expressly permitted in accordance with the Telstra Brand Guidelines (https://www.telstra.com.au/terms-of-use/#tab-copyright-trade) (or with Telstra prior written consent in each instance), you must not refer to Telstra, the Telstra Mobile Network or the Telstra Mobile Smart Antenna in any marketing material, public communications or customer facing collateral.
(b) You must not make any statement in any marketing material, public communication or customer facing collateral which represents that the Cel-Fi Repeater is the Telstra Mobile Smart Antenna or is otherwise endorsed by or associated with Telstra.
(c) You must not use the term “Telstra Mobile Smart Antenna”, “Telstra Mobile Smart Antenna 4G”, “Telstra Smart Antenna” or any confusingly similar term in any marketing material, public communication or customer facing collateral except as expressly permitted under this agreement or with our prior written approval in each instance (and subject to your compliance with Telstra brand guidelines and other directions).
(d) You may make the following statements in relation to the Cel-Fi Repeater for Telstra:
(i) “The Cel-Fi Repeater has been tested, authorised and approved by Telstra for use on the Telstra Mobile Network and operates in radiofrequency spectrum licensed to Telstra in the 700MHz, 850MHz and 1800MHz frequency bands and only on frequencies broadcasting Telstra’s 3GPP country code and network code (50501)”;
(ii) “The Cel-Fi Repeater has been tested, authorised and approved by Telstra for use on the Telstra Mobile Network.”; and
(iii) “The Cel-Fi Repeater uses the same underlying technology as the Telstra Mobile Smart Antenna”,
(iv) provided however that the statement in this clause (iii) above must not be included in any marketing material, public communication or customer facing collateral and may only be given directly to an End User or potential End User in response to that person requesting confirmation of the differences and similarities between the Cel-Fi Repeater and Telstra Mobile Smart Antenna.
We may revoke your appointment as a Powertec reseller for Telstra Cel-Fi products if you materially breach these obligations and you do not remedy the breach within 30 days of receiving a notice to do so (or that breach is not capable of being remedied), effective immediately on giving you notice in writing.
Please contact Powertec Telecommunications if you have any questions about these obligations.