Minimum Advertised Price Policy

Introduction

We recognize that our quality partners invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and compelling vendor presentation. To protect the investment of our quality partners and Arkwright LLC reputation, we have unilaterally put in place a MINIMUM ADVERTISED PRICE POLICY (“MAP policy”). This MAP policy prohibits resellers from advertising Arkwright LLC products below a specific price designated by Arkwright LLC. Promoting based on low-price, instead of service and value, can be detrimental to Arkwright LLC’ competitive position and resellers’ service and support efforts.

Arkwright LLC believes that these advertising and sales practices are unfair and discourages such efforts. Arkwright LLC, in its unilateral discretion, will not do business with any reseller, as to the products covered by this MAP policy, if that reseller intentionally advertises any Arkwright LLC product below its designated MAP price. Arkwright LLC is confident that this program will strengthen its brand and benefit all of its resellers.

Official Policy and Guidelines

1. This MAP policy will be enforced by Arkwright LLC in its sole discretion. Arkwright LLC products advertised below the Minimum Advertised Price as per this document (“MAP”) will be a violation of this MAP policy. Arkwright LLC reserves the right to update or modify the MAP at any time and it is reseller’s obligation to confirm the MAP prior to advertising any Arkwright LLC’
2. Arkwright LLC will terminate any contract with resellers who promote Arkwright LLC products below the MAP.
3. Arkwright LLC recognizes that any reseller can make its own decisions to sell any Arkwright LLC product at any price it chooses without consulting or advising Arkwright LLC.
4. Internet auctions may not display or have reserved bid or other acceptable prices below the MAP.
5. It shall not be a violation of this MAP policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP policy.
6. This MAP policy applies to all advertisement of Arkwright LLC products in any and all media, including, and without limitation to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, internet or similar electronic media including websites, forums, email newsletters, email solicitations, television, radio, and public signage. Such website features as “Click for Price,” automated “bounce – back” pricing emails, pre-formatted email responses, forms, automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the reseller (rather than by the customer) and this constitutes “advertising” under this MAP policy. This MAP policy also applies to any activity which Arkwright LLC determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP policy, such as solicitations for ‘group purchases.’
7. Reseller may not include in any advertising for Arkwright LLC products any additional discount, coupon, gift card, or incentive (whether in the form of a special event, promotion, term of doing business or otherwise) that translates into an immediate price reduction or where the cumulative effect would be to reduce the advertised price of any Arkwright LLC’ Reseller may not offer additional discounts, coupons, gift cards, points or other incentives for future purchases of any products as a way of indirectly reducing the price of the Arkwright LLC’ products below the MAP.
8. Arkwright LLC’ sales representatives are NOT permitted to discuss this policy, or any other agreements with respect to Arkwright LLC’ policy regarding reseller advertising or pricing. This also includes any consumer program or promotion that affects the Arkwright LLC’ products. All questions or concerns related to this policy should be directed to Tanay Rajpurohit at tanayr@monarchbrands.com.