COSMED Dermaceuticals (COSMED) actively supports the advertising and promotion of its products by its domestic dealers and sales representatives through materials provided by COSMED at no or nominal cost. Effective August 30, 2018, a NEW Minimum Advertised Price (MAP) on all COSMED products will be in effect. We have implemented this MAP policy to preserve our strong reputation for providing customers with high value products and valued after sales support. We greatly appreciate the efforts of all resellers to distribute our products and support their customers. The MAP policy shall work under the following guidelines: 1. The MAP for all products distributed by COSMED Dermaceutical Inc. shall be no more than 20% less than the suggested retail price as noted in COSMED Dermaceuticals, Inc. price list. MAP pricing is established by COSMED and may be adjusted by COSMED at its sole discretion. 2. The MAP policy applies to all advertisements of COSMED products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email news-letters, email solicitations, Internet or similar electronic media, television, radio, and public signage. The MAP policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s). 3. The inclusion in advertising of free or discounted products (whether made by COSMED 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. 4. If pricing is displayed, any strike-through or other alteration of the Minimum Advertised Price is prohibited. 5. 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 6. MAP does not establish maximum advertised prices. All dealers and sales representatives may o er COSMED products at any price in excess of the MAP. Internet auctions may not display or have reserved bid or other acceptable prices below the MAP price. 7. COSMED 's MAP policy does not in any way limit the ability of any dealer 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. 8. Dealer agrees to hold all trademarks of COSMED Dermaceuticals as the property of COSMED Dermaceuticals and use advertising materials provided by COSMED Dermaceuticals in an authorized manner only. 9. Intentional or repeated failure to abide by this policy will result in termination of dealership or sales representatives. COSMED does not intend to do business with dealers or sales representatives who degrade the image of COSMED and its products. COSMED will not provide prior notice or issue warnings before taking any action under this policy. 10. RESELLER SHALL NOT PROMOTE, MARKET, ADVERTISE, OFFER TO SELL OR SELL ANY PRODUCT ON OR THROUGH ANY ONLINE MARKETPLACE OR AUCTION SERVICE (E.G., EBAY, AMAZON 6342 Grand Hickory Drive, Suite 102, Braselton GA 30517 T 7.866.420.6569 • Page 1 of 2 08/16/18 © 2018, Inc. COSMED Dermaceuticals, All rights reserved. MARKETPLACE OR LIKE WEBSITES), EXCEPT AS MAY BE EXPRESSLY CONSENTED TO BY COSMED IN WRITING AND IN ADVANCE, AND IT BEING UNDERSTOOD THAT COSMED MAY WITHDRAW ITS CONSENT AT ANY TIME. Minimum Advertised Pricing Policy/Agreement This MAP policy has been established by COSMED to help ensure the legacy of COSMED as a top producer of high performance, high quality, ergonomic seating products and accessories and to protect the reputation of its name and products. The MAP policy is also designed to ensure dealers and sales representatives have the incentive to invest resources into services for COSMED customers. Please indicate your understanding of this policy and your willingness to abide by its terms and conditions by signing and listing the name of your company below. Sales representatives of COSMED products will supply a copy of the COSMED MAP policy to any new or existing reseller to be filled out, acknowledged and returned to COSMED This form shall be signed and returned to COSMED and in doing so, will bind the reseller to abide by the MAP and reseller requirements spelled out in this document. Agreed to by: Dealership name: _________________________________________________________________ Dear Principal name printed: ________________________________________________________ Dealer Principal Signtaure: _______________________________________ Date: ___________ Dealer Address: ___________________________________________________________________ NP Customer Number: ______________________ Phone: ________________________________ Email: ___________________________________________________________________________ Website URL: _____________________________________________________________________ Policy Enforcement • In the event of a MAP Policy violation, all reseller accounts shall have a period of forty-eight (48) hours to bring advertising into compliance or COSMED reserves the right to cancel any pending orders and cease filling any new orders for the product(s) in violation of this MAP Policy for the following periods: i. For an initial violation, COSMED will cancel any pending orders and cease filling any new orders for a period of thirty (30) days. ii. For a second violation by a reseller within one (1) year of the initial violation, COSMED, at its discretion, reserves the right to cancel any pending orders or cease filling orders for a period of greater than thirty (30) days. Repeated infractions of this MAP policy may result in termination of dealer status. • COSMED will continue to sell to the reseller any other products for which no MAP Policy violation has occurred. • COSMED’s MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred. • Waivers to this MAP Policy may be granted in The COSMED’s sole discretion by the MAP Policy Administrator in writing. In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter will be considered a violation of the MAP Policy. • COSMED will utilize online price-monitoring software to swiftly alert retailers and distributors of MAP Policy violations. • Resellers are expected to provide reasonable cooperation in any COSMED investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with COSMED MAP Policy investigation is a violation of this MAP Policy. • The MAP Policy will be enforced by COSMED in its sole discretion and without notice. Dealers, distributors, resellers, have no right to enforce the MAP Policy. Violations of this MAP Policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law. All questions related to this MAP Policy should be directed to: [email protected]
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