Common use of Minimum Advertised Price Clause in Contracts

Minimum Advertised Price. The Company has been building a brand of strong recognition and a high perceived value since 2014 with its Products. By not adhering to the established Minimum Advertised Price (MAP) a Customer can have a dramatic effect of diminishing or detracting from the perceived value of the Company’s brands and its Product. The Internet, with its worldwide impact, has the possibility to cause great harm to any companies’ products, if they are advertised at prices that will eliminate any legitimate retail competition. The Company’s MAP pricing policy is intended for consumers to purchase from other resellers based on loyalty and customer care expectations. Therefore, if the Company accepts Orders from the Customer, the Customer agrees and accepts to abide by the following requirements and restrictions. A. The MAP for any Company’s product shall not be less than 1% below the current Manufacturer’s Suggested Retail Price (MSRP) as published on the Company’s Retail Packet Price Sheet. MAP pricing is established by the Company and may be adjusted by the Company at its sole discretion. B. The MAP for all of Company’s products shall be no more than the MSRP provided in the Retail Packet Price Sheet. C. The MAP policy applies to all advertisements of Company’s products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio, and public signage. D. The MAP policy is not applicable to: 1) Any in-store advertising that is displayed only in the store and not distributed to any customer(s) outside of their store. 2) Any email newsletters sent to Customer’s consumer database. E. The inclusion in advertising of free or discounted products (whether made by the Company or another manufacturer) with a Product covered by the MAP policy would be contrary to the policy if it has the effect of discounting the advertised price of the covered Product below the MAP. F. If pricing is displayed in other than a brick and mortar retail store, any strike-through or other alteration of the Minimum Advertised Price is prohibited. G. MAP applies only to advertised prices and does not apply to the price at which the Products are actually sold or offered for sale to an individual consumer within the dealer’s retail location or over the telephone. Customers remain free to sell these Products at any price they choose. H. MAP does not establish maximum advertised prices. All Customers may offer the Company’s products at any price in excess of the MAP. I. The Company’s MAP policy does not in any way limit the ability of any Customer to advertise that “they have the lowest prices” or, they “will meet or beat any competitors price”, that consumers should “call for a price” or phrases of similar import as long as the price advertised or listed for the products is not less than MAP. J. Intentional or repeated failure to abide by this policy will result in termination of the Customer Account and subject to Section 20 of Terms and Conditions of Sale.

Minimum Advertised Price. The Company has been building a brand of strong recognition and a high perceived value since 2014 with its Products. By not adhering to the established Minimum Advertised Price (MAP) a Customer can have a dramatic effect of diminishing or detracting from the perceived value of the Company’s brands and its Product. The Internet, with its worldwide impact, has the possibility to cause great harm to any companies’ products, if they are advertised at prices that will eliminate any legitimate retail competition. The Company’s MAP pricing policy is intended for consumers to purchase from other resellers based on loyalty and customer care expectations. Therefore, if the Company accepts Orders from the Customer, the Customer agrees and accepts to abide by the following requirements and restrictions. A. The MAP for any Company’s product shall not be less than 1% below the current Manufacturer’s Suggested Retail Price (MSRP) as published on the Company’s Retail Packet Price Sheet. MAP pricing is established by the Company and may be adjusted by the Company at its sole discretion. B. The MAP for all of Company’s products shall be no more than the MSRP provided in listed on the Retail Packet Price SheetCompany’s consumer websites: ▇▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. C. The MAP policy applies to all advertisements of Company’s products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio, and public signage. D. The MAP policy is not applicable to: 1) Any in-store advertising that is displayed only in the store and not distributed to any customer(s) outside of their store. 2) Any email newsletters sent to Customer’s consumer database. E. The inclusion in advertising of free or discounted products (whether made by the Company or another manufacturer) with a Product covered by the MAP policy would be contrary to the policy if it has the effect of discounting the advertised price of the covered Product below the MAP. F. If pricing is displayed in other than a brick and mortar retail store, any strike-through strikethrough or other alteration of the Minimum Advertised Price is prohibited. G. MAP applies only to advertised prices and does not apply to the price at which the Products are actually sold or offered for sale to an individual consumer within the dealer’s retail location or over the telephone. Customers remain free to sell these Products at any price they choose. H. MAP does not establish maximum advertised prices. All Customers may offer the Company’s products at any price in excess of the MAP. I. The Company’s MAP policy does not in any way limit the ability of any Customer to advertise that “they have the lowest prices” or, they “will meet or beat any competitors price”, that consumers should “call for a price” or phrases of similar import as long as the price advertised or listed for the products is not less than MAP. J. Intentional or repeated failure to abide by this policy will result in termination of the Customer Account and subject to Section 20 19 of Terms and Conditions of Sale.