ANKR Minimum Advertised Price (MAP) Policy

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MINIMUM ADVERTISED PRICE (MAP)

Bleon LLC (“Bleon”) has adopted the following Minimum Advertised Price Policy (“MAP Policy”) applicable to all Bleon’s distributors, dealers and resellers for all Bleon products as designated by Bleon from time to time in writing or as posted on a designated Bleon website (“Covered Products”).
Bleon recognizes that our high-quality resellers invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and compelling vendor presentation. To support our resellers’ efforts, Bleon wishes to establish policies that allow resellers to earn the profits necessary to maintain the high level of customer excellence people have come to expect from Bleon resellers.
To protect the investment of our high-quality resellers and Bleon brand reputation, we have unilaterally adopted this MAP Policy. Bleon established this MAP Policy due to the fact that reseller advertising and sales practices that promote Bleon products primarily on the basis of price could be detrimental to resellers’ service and support efforts and Bleon’s competitive position. Such activities can be harmful to Bleon’s brand, reputation and competitiveness, and allow some resellers to take advantage of the service and support efforts of others. Bleon believes that these practices are unfair and thus discourages such efforts.
Bleon, 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 MAP Product below its MAP price. Bleon reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower than the MAP.
Bleon is confident that this program will strengthen its competitiveness and benefit all of its resellers. 


General Guidelines: 

1. The minimum advertised price (“MAP”) for each Covered Product is the pricedesignated as the MAP on the current Bleon price list as issued by Bleon from time to time, or, if no MAP is listed for any Covered Product, the MAP will be the Manufacturer’s Suggested Retail Price (“MSRP”) for that Covered Product minus 10% of that MSRP.Current price lists may be obtained by contacting a Bleon sales representative. The MAP for one or more products may be amended from time to time and may be suspended periodically for national, regional and/ or seasonal promotions sponsored by Bleon. Changes to the MAPs will be posted on the Bleon website designated by Bleon and will supersede the MAPs on the price lists. It is the responsibility of resellers of Covered Products to monitor the designated Bleon website for updates. 

2. This MAP Policy applies to any and all forms of print and electronic media, direct mail, and audio and video communications, including without limitation: all catalogs, coupons, coupon codes, promo codes, flyers, inserts, magazines, mail order catalogs, mailers, postcards, newsletters, newspapers, posters, billboards, television and radio advertising, internet-based advertising including without limitation, newsletters, e-mail solicitations, Internet “lists,” website advertising, Internet auctions, and electronic billboards.
The MAP Policy does not apply to solely on premise or in-store advertising that is not distributed to customers.

3. Any price advertised below the MAP is a violation of this MAP Policy.
ANKR recognizes that Resellers are free to make their own decisions to advertise and sell any ANKR product at any price they choose, without consulting or advising ANKR. Similarly, ANKR will exercise its right to make its own decisions regarding the ANKR Authorized Reseller Program, supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.

4. The MAP Policy only applies to advertised prices of Covered Products, and not the prices at which Covered Products are actually sold. The reseller is free to sell Covered Products at any price of its choice.

5. This Policy does not apply to close out, discontinued or non-current Products.

6. This MAP Policy also applies to any activity which ANKR determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases’ and the like.

Bundles, promotions, et cetera.

1. Advertising two or more Covered Products (i.e. two Bleon products that are covered by this MAP Policy) for sale together (“Bleon Product Bundle”) at a price less than the combined MAPs for each Covered Product is a violation of this MAP Policy. Bleon reserves the right to issue MAP Policy modifications that apply specifically to Bleon Product Bundles.
Product(s) bundled with the MAP Products must not, without conspicuous warning, be technically incompatible.

2. Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP Product will violate this MAP Policy when:
i. the effective or stated price of the bundle represents an immediate discount of greater than 15% of the MAP; or

ii. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP after taking into consideration any contingent future purchase.

3. Advertisements featuring a Covered Product, and either (a) another brand of product, or (b) Bleon product that is not a Covered Product, will comply with this MAP Policy so long as the price in the advertisement is not lower than the Covered Product’s MAP. In determining whether the advertisement contains a price in compliance with this MAP Policy, Bleon will assess whether a reasonable viewer of the advertisement will, looking within the four corners of the advertisement, conclude that the ad is stating a price for the Covered Product below the MAP.

4.Rebate programs from ANKR, whether on MAP Products or ANKR’s partners’ products are exempt from this policy.

5. From time to time, ANKR may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, ANKR reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes. 

Violations and Policy Enforcement 

1. Bleon reserves the right to modify, suspend, or cancel this MAP Policy, or modify any or all MAPs at any time. Bleon will provide notice of any such modifications, suspension or cancellations on the designated Bleon website and through electronic communications, sent to the designated email on file for the authorized reseller. It is the responsibility of resellers of Bleon’s Covered Products to monitor the designated Bleon website for updates. 

2. It is a violation of this MAP Policy to advertise that a customer may “call for price” or “email for price”, or “add to cart for price”, or to use similar language, with respect to Covered Products, so long as no price is listed. The MAP Policy does not prohibit any reseller from advertising that “they have the lowest prices,” “will meet or beat any competitor’s price,” or phrases of similar import as long as the price advertised for Covered Products is not less than the MAP.
 
3. If a reseller with multiple store locations violates this MAP Policy at any particular store location, it will be deemed a violation by all of the reseller’s locations. Additionally, if a reseller who sells products both online and offline violates this MAP Policy in either of these domains, it will be deemed a violation throughout all of the reseller’s sales channels.

4. Bleon reserves the right to cancel any pending orders, restrict future orders, or suspend dealers’ account if Bleon reasonably believes:
i. a Reseller has violated the provisions of this policy; or

ii. a Reseller intends to violate this policy.

5. Resellers are expected to provide reasonable cooperation in any Bleon investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Bleon MAP Policy investigation is a violation of this MAP Policy.

6. Any violation of this MAP Policy makes the violating Reseller subject to sanctions, determined at Bleon’s discretion. Bleon is solely responsible for determining said sanctions.

Bleon will make all decisions concerning compliance with and enforcement of this MAP Policy unilaterally and in Bleon’s sole discretion. Resellers, retailers, and distributors have no right to enforce the MAP Policy. This MAP Policy is a unilateral declaration of policy by Bleon and does not reflect or constitute an agreement between Bleon and any reseller, distributor, or other person or entity. By issuing this policy, Bleon is not seeking any such agreement.

Violations of this policy may result in any of the aforementioned sanctions up to an including termination of our business relationship, as well as any available remedies at law. All questions relate to this MAP Policy should be directed to: sales@ankr.com.

Rev. 2/12/2016