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WHOLESALE MAP POLICY1. OVERVIEWAIRT Enterprises, LLC. (“FINN & CO.”) manufactures beach inspired fragrances for the body and home. These products have generated lots of interest from dealers, resellers, and retailers (collectively, “Retailers”). We are happy to grow a new Retailer channel to offer FINN & CO. products to consumers, provided they do not take actions that would be detrimental to the product and to the efforts of our Retail channel. Therefore, to ensure fairness to our Retail channel and the marketplace, we have developed this Minimum Advertised Price (MAP) Policy.2. POLICY STATEMENTFINN & CO. reserves the right to stop dealing or doing business with any Retailer that advertises the FINN & CO. products at a price lower than the MAP price (“MAP Price”), which at present is:a) Rollerball Fragrance Oil - US $42.00b) Body Creams - US $38.00c) Double-Wick Candles - US $48.00d) Body Cream Duo - US $65.00e) White Sand Body Cream and Rollerball Fragrance Oil US $70.00f) Black Sand Body Cream and Rollerball Fragrance Oil US $70.00g) White Sand Candle and Body Cream US $75.00h) Black Sand Candle and Body Cream US $75.00i) Bath & Body Oils $38.00j) Bath & Body Washes $30.00 3. POLICY GUIDELINES(a) FINN & CO. recognizes that resellers/dealers/retailers are free to make their own decisions to advertise and sell FINN & CO. products at the price they choose, without consulting with or informing FINN & CO. Similarly, FINN & CO. can choose which retailers it chooses to do business with, and which retailers it believes are harming its business and/or brand, as well as which retailers it wishes to support with marketing materials, product allocation or new product availability.(b) FINN & CO. emphasizes that this Policy concerns the price at which the FINN & CO. products are advertised, not the price at which they are sold or offered for sale in an individual store.(c) This Policy applies to all advertisements of FINN & CO. products in all media, including without limitation broadcast media (television, radio), video, internet, social media, in-app ads, marketplaces, print media such as mailers, flyers, inserts, newspapers, catalogs, as well as public signage.(d) Website features such as “click for price," automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, automatic price display for any items prior to being placed in a consumer’s shopping cart and other similar features are considered to be communications initiated by the Retailer (rather than by the consumer) and thereby constitute Retailer advertising under this MAP Policy, so pricing must not be below the MAP Price.(e) It shall not be a violation of this MAP Policy for the Retailer to advertise that it has the “lowest prices” or that it will match or beat competitor pricing, or that a consumer should call for the price, so long as the Retailer does not advertise anything that is below the indicated MAP Price for FINN & CO.(f) Advertising a bundled price for FINN & CO. and other products does not violate this Policy, provided that there is nothing to indicate a lower advertised price for FINN & CO. than the MAP Price. But you need to make sure that it does not violate FINN & CO. trademark/brand guidelines.(g) Advertising a volume discount for FINN & CO. below the MAP Price does violate this Policy.(h) If FINN & CO. offers any discount or rebate program in its sole discretion to Retailers, FINN & CO. will explain how such program would affect the MAP Policy and MAP Price.(i) Each Retailer agrees that the FINN & CO. products purchased will not be listed or sold by such Retailer directly or indirectly on Amazon or eBay sites.4. ENFORCEMENT(a) As mentioned, FINN & CO. reserves the right to stop doing business with any Retailer that violates this Policy.(b) This means that FINN & CO. might cancel any pending orders, restrict any future orders, or suspend the Retailer’s account temporarily or permanently if a violation occurs.(c) FINN & CO. will determine if a violation has occurred in its sole discretion, as well as the appropriate remedy or sanction.(d) FINN & CO. reserves the right to grant waivers to the MAP Policy in its sole discretion, by issuing a letter or email to that effect to a Retailer or Retailers. In that event, the terms of the waiver letter must be strictly observed.(e) FINN & CO. will use diligent efforts to check advertised prices. Any attempt by a Retailer to hinder or obstruct any direct or indirect investigation by FINN & CO., or to falsify its responses or mislead FINN & CO. or its agent, will be regarded as a violation of the MAP Policy.(f) Only FINN & CO. has the right to enforce this MAP Policy, but we encourage our Retailers to keep us informed if they see violations of the MAP Policy.5. MAP MODIFICATIONWe reserve the right to modify this policy from time to time as required by our business requirements and applicable law.
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