Protection of Proprietary Products

In some instances we make proprietary products for others.

We rigorously protect those Proprietary Products and their Distributors. They have made a substantial investment in developing their product line through advertising, marketing, training seminars, etc. Most maintain well documented contact management programs of their customers, past and present; and attendees of their training seminars.

If you have ever purchased a proprietary EPS Concrete Product manufactured by Foam Lite Industries for use in such a distributor’s specific product line or specific construction system; or, have ever attended a training seminar of such a distributor, we cannot and will not sell you that product.

If you attended any such distributor’s training seminar and now wish to use Foam Lite concrete in a totally unrelated product or construction system, we will require contractual assurances from you that you will not use the Foam Lite Concrete product you purchase for the specific product line or the specific construction system in which you received training. The distributor from whom you received training will be a party to that contractual assurance, which shall contain monetary penalties.

Foam Lite Industries will, after querying its Proprietary Product Distributors, be the sole judge of the eligibility of any customer to purchase specific Foam Lite concrete pre-mixes.

Exceptions.

The following exceptions apply:

  1. The Proprietary Product Distributor is no longer in business, and you, as a former customer, need material to remain in business.
  2. Our contract to produce a proprietary product for the Distributor was terminated by us for cause or was not renewed by the Distributor, and you, as a former customer, need material to remain in business.