Minimum Advertised Price (MAP) Policy

Minimum Advertised Price (MAP) Policy

  1. Introduction

    1. It is the objective of Rigel Distributor (“Company”, “Our”, “We”, “Us”) that the reputation, value, and credibility of Our brands and the Company is maintained and enhanced in the market at all times. We believe that this objective can be best put into practice by establishing certain minimum advertised pricing guidelines. With this aim in foresight, this unilateral Minimum Advertised Price (MAP) policy (“MAP Policy”) is being designed to guide you on the various mechanisms adopted by the Company regarding MAP compliance.

    1. We have implemented the MAP Policy unilaterally for all resellers and will be uniformly enforced for all resellers.

  1. Definitions

    1. “You” or “you” or “reseller” means a reseller, channel partner, dealer, sales representative, or any other distributor or wholesaler (including your affiliates) by whatever name known and based anywhere in the world that procures or buys Products from the Company for reselling or distributing it to the end-users.

    1. “Products” means any products offered for sale by the Company (whether in the United States or outside of the United States) and which are procured or bought by you from Us for promoting, advertising, or reselling (whether in physical stores or online) to the end-users.

  1. Applicability

    1. The MAP Policy only applies to minimum advertised prices to be displayed or advertised by you.

    1. The MAP Policy does not apply to actual resale prices or the prices at which Products are sold by you. You have the right to establish your resale prices for the Products.

    1. This MAP policy does not apply to any in-store advertising that is displayed only in the store and not distributed to any end-users.

    1. The MAP Policy does not apply to a situation where a reseller generally advertises the Products as being available at “lowest prices” so long as the price stated is not below the MAP.

  1. MAP Pricing

The MAP pricing can be obtained by you by contacting us at support@rigeldistributor.com or by logging into our website at www.rigeldistributor.com. We reserve the right to revise the MAP pricing in Our sole discretion and the modified pricing will be available on Our website.

    1. You are prohibited from advertising any of the Products below the MAP pricing. For the sake of clarity, the term “advertising” means marketing or promoting the Products in forms or mediums including but not limited to the internet, television, inserts, radio, emails, brochures, flyers, catalogs, posters, magazines, newspapers, and similar forms.

    1. You are required to ensure that any advertising of the Products being offered for resale by you comply with the MAP.

  1. Consequences of violation of the MAP Policy

    1. You are free to decide whether to comply with this MAP Policy or not, however, We reserve the unilateral right to impose sanctions as noted in this Section, without assuming any liability on Us, if you fail to comply with the MAP Policy.

    1. If you have any affiliates or representatives and the Products are being advertised by such affiliates, violation of the MAP Policy by any single affiliate will be considered as a violation of the MAP Policy.

    1. If you perform advertising of the Products at multiple locations, violation of the MAP Policy at any single location will be considered as a violation of the MAP Policy.

    1. If we observe any non-compliance from you on any aspect under this Policy for the first occasion,

      1. We will provide you with a written warning or seek a written explanation from you for non-compliance.

      1. If we seek an explanation from you, We will specify the timeline within which you need to submit the same.

      1. If you are unable to provide any justification within the timeline provided by Us or the justification provided by you is not acceptable to Us (which We will determine in Our sole discretion) or you are unable to remedy the non-compliance, it will be considered as a non-compliance from you and We reserve the right to unilaterally impose appropriate sanctions against you including but not limited to suspension or termination of your relationship with Us, and/or recover monetary damages as available under law or seek equitable remedies available under law as We deem fit.

      1. If you can remedy the non-compliance within the stated timeline provided by Us, we will review your remediation. If you provide Us with a written explanation within the said timeline, We will review your justification. If We feel that the remediation performed or justification provided is acceptable to Us which We will determine in Our sole discretion, We may provide you with the opportunity of complying with this Policy. However, any waiver by Us of your non-compliance on any one occasion does not prevent Us from imposing sanctions or seeking appropriate remedies and/or monetary damages from you on the non-compliance on the same or the next occasion.

    1. If we observe any non-compliance from you on any aspect under the MAP Policy for the second occasion,

      1. We will provide you with a warning to remedy the non-compliance within a specified timeline as stated in Our communication and at the same time, We will suspend your account until we are satisfied that you have remedied the non-compliance. If you are unable to remedy the non-compliance, We reserve the right to close your account and terminate your relationship with Us without any liability to you or any third party

    1. We further reserve the right on all occasion(s) (whether on the first or second occasion) of your non-compliance to unilaterally impose appropriate sanctions against you (without any liability on Us) as mentioned above plus any additional sanctions as We may deem fit including but not limited to termination of your right to buy Products, suspension of payments, removal of discounts, and/or recover monetary damages or seek any other equitable relief as available under law.

    1. Any single instance or multiple instances of non-compliance will be considered as an important criterion in our relationship maintenance with you including your participation in any of our programs or for any discount or other benefits that We make available to Our resellers.

    1. We take non-compliance with any aspect of the MAP Policy seriously and will analyze instances of non-compliance with any aspect of this Policy at regular intervals. We reserve the right to monitor the advertised prices of resellers, either directly or through any third parties. You are expected to provide Us and any of Our third parties reasonable cooperation in any such monitoring or investigation exercises. Any instance of non-cooperation will be considered as a violation of the MAP Policy.

  1. Changes to MAP Policy

    1. We reserve the right in Our sole discretion to revise the MAP Policy in whole or in part including the MAP pricing from time to time and any such revised MAP pricing will be available on Our website.

    1. We may also endeavor to notify you of the revised MAP pricing. It is your responsibility to check Our website for the latest MAP pricing.

    1. We reserve the right at any time to suspend or discontinue the MAP Policy in whole or in part or designate certain promotional periods during which the terms of the MAP policy may change or are not applicable.

  1. Other Terms

    1. We are not seeking any agreement from you to adhere to the MAP Policy. It is entirely within your discretion whether to comply or not with this MAP Policy.

    1. The MAP Policy is not subject to any kind of negotiation between you and Us and We do not provide any exceptions to this Policy to any reseller.

    1. This MAP Policy is solely decided and implemented by Us and by Our duly authorized representatives.

  1. Contact Details

    1. If you have any questions or concerns on the MAP Policy, you can contact Us at the below details

support@rigeldistributor.com

toll free 1-855-447-4435

1708 E HAMILTON RD STE A

BLOOMINGTON, IL 61704-9663

United States

Last Updated: August 17, 2019

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