Effective Date: January 1, 2020
EuroMedica has determined that advertising its products at prices below certain levels undermines EuroMedica’s brand and discourages EuroMedica Resellers from investing in the growth of EuroMedica product lines, generating a sustainable profit margin for Resellers and providing the best possible service and support to consumers. Therefore, EuroMedica has adopted this Minimum Advertised Price (“MAP”) policy (the “Policy”), which applies to all Advertisements (as defined below) of EuroMedica products by all Resellers of EuroMedica products (hereinafter, “Resellers”).
MINIMUM ADVERTISED PRICE
MAP is established solely by EuroMedica and will be communicated to all Resellers. The products, Retail Prices (“RPs”), and MAP may be changed from time to time at EuroMedica’s sole discretion. If EuroMedica changes the MAP on any product, it will provide at least 30 days’ notice to Resellers before such change takes effect.
It is a violation of this Policy for a Reseller to advertise any EuroMedica product(s) at a price lower than the published MAP. This policy applies to all advertisements of EuroMedica products in any and all media as well as any advertising within brick and mortar clinics or other selling venues.
EuroMedica is solely responsible for establishing the minimum advertised price (“MAP”). MAP is the price that is designated for each product in EuroMedica’s current Retail Price List (0% off the Retail Price). While resellers remain free to sell EuroMedica Products at any price they deem appropriate, it is a violation of this Policy for a reseller to advertise any EuroMedica Product at a price lower than the MAP. The MAP pricing for the EuroMedica brand as of the January 1, 2020 is the listed Retail Price from EuroMedica.
An advertisement includes any and all promotional or pricing information accessible to consumers via any type of media, marketing, or promotional materials, including, without limitation:
Direct or indirect attempts to circumvent this Policy will be considered a violation of this Policy. Such attempts may include, but are not limited to:
An “advertisement” shall not include any in-office advertising that is displayed only in the office and not distributed to any customer. In-office displays, point-of-sale signs, hangtags or bar codes or similar marks on products or product packaging that merely states the related product’s price are not considered “advertising.” Discontinued merchandise approved by EuroMedica are excluded from the MAP Policy. This MAP Policy does not establish maximum advertised prices. All Resellers may offer products at any price in excess of the respective product MAP.
EuroMedica will monitor and review Resellers’ advertisements for violations of this Policy. Violations of the Policy shall be determined by EuroMedica in its sole discretion. Resellers have no right to enforce the Policy and EuroMedica will not communicate with any Reseller or third-party regarding violations of this Policy by others. EuroMedica reserves the right to impose the following if EuroMedica believes that:
Specifically, EuroMedica will take the following actions, which apply to all Resellers, should a Reseller fail to comply with the Policy:
First Violation: Warning only. Request to abide by Policy within 24 hours. No action taken.
Second Violation: Cease doing business with Reseller.
However, EuroMedica reserves the right to not provide prior notice before taking action under this Policy.
EuroMedica reserves the right at any time to modify, suspend, or discontinue this MAP Policy, in whole or in part, or to designate periods during which the terms of the Policy change or are not applicable. No EuroMedica employee or agent is authorized to modify, interpret, or grant exceptions to this Policy for any Reseller. No person has authorization to modify this Policy or to solicit or obtain agreement of any person to this Policy, and any such modification or agreement is invalid. Any questions about this Policy should be submitted in writing and directed to EuroMedica.
This Policy does not constitute an agreement between any Reseller or other party and EuroMedica. EuroMedica is not seeking, and will not accept, any agreement or other assurance of compliance from any Reseller or other party to adhere to this MAP Policy. It is entirely within the discretion of the Reseller whether to comply or not comply. This Policy is non-negotiable and will not be modified for any Reseller. The Policy is not intended to control, influence, determine, limit, or affect in any way the actual prices at which Resellers ultimately sell EuroMedica products to its consumers. The Policy is strictly limited to restrictions on advertised prices. Each Reseller remains free to determine its own resale price for EuroMedica products.