Trigg Laboratories, Inc.
Minimum Advertised Price (MAP) and Internet Sales Policy
The following is the Minimum Advertised Price (“MAP”)/Internet Sales Policy (“Policy”) of Trigg Laboratories, Inc. (“Trigg”) for the advertising, marketing and sale of Trigg's WET®-brand products and other Trigg products (collectively, “Trigg Products”). All Trigg Authorized Resellers must agree to the terms and conditions of this Policy, by signing the Trigg Laboratories, Inc. MAP/Internet Sales Policy Confirmation Agreement at the end of this Policy.
MAP pricing for all applicable Trigg products are on the current retail price list. All advertised prices must be at or above MAP for all Trigg Products if a MAP price has been established by Trigg. Authorized Resellers are not required to list prices in advertising (subject to Pricing Statements, below). If a price is listed in an advertisement, it must be at or above MAP.
Authorized Resellers are responsible for ensuring their pricing for Trigg Products is at or above MAP on internet search engines. Authorized Resellers are free to set the actual resale price of any product as long as it is at or above the current published MAP price. Trigg's MAP policy for all Trigg Products apply to all advertising placements, including but not limited to: print ads (inserts, magazines, newspapers, catalogs, etc.), broadcast (radio and TV), direct mail, faxes, internet placement with third parties (banner ads, broadcast emails, destination pages, thirdparty sites), internet placements on resellers own website, and any flyers, posters or coupons.
Trigg may permit Authorized Resellers to advertise MAP Products at prices lower than the MAP price from time to time. In such events, Trigg reserves the right to modify or suspend the MAP price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
Authorized Resellers are permitted, to the extent allowed by federal, state or local laws, to omit pricing entirely from advertisements and/or advertisement statements such as “Call for Price” or “Call for Quote.”
Free shipping and/or handling, 0% sales tax, or free financing promotions do not violate the MAP, except if used in any manner to circumvent the MAP or inconsistent with applicable state, local or federal laws.
Price matching policies are acceptable. However, price matching cannot be used as a valid reason for violations of Trigg Laboratories, Inc.'s MAP.
Trigg products may be sold through an Authorized Reseller's website providing they are adhering to the MAP pricing. Authorized Resellers are prohibited from selling on the following website platforms: Ebay.com, Amazon.com, Target.com, CVS.com, RiteAid.com, Walgreens.com, Groupon, Bonanza, Overstocked.com, Alibaba.com, Walmart.com or any other 3 rd party website (collectively, “Selected Sites”). Trigg reserves the exclusive right to sell through the Selected Sites and to add additional Selected Sites or further restrictions to this provision, at its sole discretion, upon written notice to you/the Authorized Resellers. Upon such notice, you/the Authorized Resellers shall immediately cease any further sales through the Selected Sites and remove from such site(s) any listings for sale of Trigg Products.
VIOLATIONS AND CORRECTIONS
Anyone selling Trigg Products that has not signed a MAP/Internet Sales Policy Agreement constitutes an Unauthorized Reseller under this Policy. Any previously Authorized Reseller shall constitute an Unauthorized Reseller immediately upon knowledge of a violation of this Policy and failure to correct it as required by this Policy and/or as otherwise directed by Trigg, until such time that such entity or person re-affirms in writing adherence and acceptance of this Policy, and Trigg reinstates such entity or person to authorized status. No Authorized Reseller shall sell Trigg Products to an Unauthorized Reseller without the prior written consent of Trigg.
Violations of this Policy by Authorized Resellers must be corrected within one (1) business day of the Authorized Reseller's knowledge of said violation or notification of the violation by Trigg, whichever is earlier. Weekend or holidays shall constitute a business day if it is feasible for the Authorized Reseller to correct or cause a third party to correct a violation on such day. Intentional violations of this Policy shall result in immediate termination of the otherwise/previously Authorized Reseller's authorization to purchase or sell any Trigg Products.
Failure to comply with this Policy may result in the immediate loss of Authorized Reseller status and the ability to purchase or sell Trigg Products. Any violation of this Policy constitutes a violation of the Copyright Act of 1976 and the Trademark (“Lanham”) Act of 1946, as well as any other applicable local, state or Federal laws, and will subject the Authorized Reseller to liability to the fullest extent allowed by law.
Any Authorized Reseller in violation of this Policy shall disgorge the profits from any prohibited sales to Trigg within five (5) business days of Trigg's request. Trigg shall have the right to an accounting and to inspect any books and records maintained by and/or within the custody or control of any Authorized Resellers with respect to such prohibited sales. Trigg shall have the right to recover attorneys' fees and costs (including expert witnesses, mediators and/or arbitrators) incurred due to any violation of the Policy, from the date of any violation of the Policy until the date of its resolution by the legal process or other means. Trigg reserves the right and sole discretion to take any and all actions to enforce the terms of this Policy to the fullest extent provided by law.
MAP LIST UPDATES
Trigg plans to issue a new Map List on or about the first day of each calendar quarter, but reserves the right to issue a new Map List at any time. Authorized Resellers must immediately update their advertised pricing of Trigg Products upon receipt of any new Map List (and in no event not later than 3 business days following receipt)