Minimum advertised price policy

We recognize that our high-quality dealers invest time and resources to deliver an extraordinary customer experience. To support our dealer’s efforts, Etac wishes to establish policies that allow dealers to earn the profits necessary to maintain the high level of customer support people come to expect from Etac dealers. To protect the investment of our high-quality dealers and Etac’s brand reputation, we have unilaterally adopted a Minimum Advertised Price Policy (MAP policy).

Etac in its unilateral discretion will not do business with any dealer, if that dealer intentionally advertises any product below its MAP price. Etac is confident that this program will strengthen its competitiveness and benefit all of its dealers.

A dealer who desires to sell Etac products via the internet and/or printed catalog and marketed under the brand name Etac, is subject to the following policies and guidelines:

• Etac reserves the right, in its unilateral discretion, to take other action with respect to any dealer that violates this MAP policy.
  
  
• The MAP policy will be enforced by Etac in its sole discretion.
  
  
• Etac recognizes that any authorized Etac account can make its own decision to advertise and sell any Etac product at any price it chooses without consulting or advising Etac. Etac similarly has the right to make its own independent decision regarding product allocations and dealer participation.
  
  
• Etac will provide the dealer current MSRP order forms that are in effect. To assure integrity of our product line, fair pricing and an orderly marketplace, dealer will not advertise any Etac products at a price lower than 10% below Etac MSRP, applicable to all published, advertised or publicly posted prices, regardless of the manner communicated and irrespective of the format or medium of communication, whether it be by electronic mail, postcard, flyer, catalog, magazine, trade journal, newspaper insert, website, webpage, facsimile, or mailings. Listing a price other than MAP retail price next to Etac’s products in any advertising will be viewed as a violation of this MAP policy. All prices published must be kept up-to-date and published online within 30 days of any MSRP price addendums issued by Etac. For print catalogs, the dealer must inform customers of changes in writing and changes must be incurred in the next print run.
  
  
• It shall not be a violation of this MAP policy to advertise in general that the dealer has “the lowest price” or to use similar phrases: so long as the dealer does not include any advertised price below MAP and otherwise complies with the MAP policy.
  
  
• It shall not be a violation of this MAP policy to advertise that a customer may “call for price” or “email for price”, or to use similar language as long as no price is listed.
  
  
• A dealer is prohibited from the redistribution of price data and all digital files and from selling Etac product on any 3rd party reseller like Craigslist, eBay or Amazon.
  
  
• If a dealer with multiple store locations violates this MAP policy at any particular store location, then Etac will consider this to be a violation by all of the dealer’s locations.
  
  
• Although dealers remain free to establish their own resale prices, Etac reserves the right to cancel all orders and indefinitely refuse to accept any new orders from any dealers which have advertised at a net retail sales price less than the MAP price established by Etac, or if dealer has violated this policy in any other way.
  
  
• Etac’s sales representatives are not permitted to discuss this policy or make any agreements or assurances with respect to Etac’s MAP pricing and policy.
  
  
• Dealer acknowledges Etac’s ownership of all trademarks, service marks, trade names, trade dress, and other intellectual property in association with products. This policy does not give dealer any right or interest in any Etac’s intellectual property or Etac’s trademark. No Etac’s trademark, trade names, Product names or other intellectual property names shall be used or registered by dealer or used as part of dealer’s internet domain names or email address. The use of the term Etac in source code, print, website text or image naming can only be for the promotion of Etac Products, not alternatives or substitutions of any kind.