Minimum Advertised Price and Sales Channel Policy
Avegant Corp.’s Minimum Advertised Price Policy (“MAPP”) and Sales Channel Policy (“SCP”) apply to all Avegant authorized Distributors and Resellers. The MAPP and SCP are designed to protect the Avegant brand and preserve healthy relationships with our sales channel partners. The SCP also defines the channels in which Avegant’s Distributors and Resellers are permitted to sell Avegant products. This policy will be strictly enforced.
Minimum Advertised Price Policy
This MAPP applies to all products manufactured and sold by Avegant to Distributors and Resellers. This policy applies only to advertised prices and is not intended to affect or influence the price at which Avegant products are sold by Distributors or Resellers. The MAPP does not apply to Avegant authorized promotions and incentives.
The Minimum Advertised Price is equal to the MSRP listed in the Price Addendum of this Policy. This Price Addendum is applicable to all Distributors and Resellers. The Price Addendum is subject to change at the discretion of Avegant, and any changes will be communicated to Distributors and Resellers. It is the responsibility of all Distributors and Resellers to comply with the MAPP and current Price Addendum.
The MAPP applies to all forms of advertising and promotion in any media, including, but not limited to, flyers, posters, coupons, newspapers, magazines, inserts, direct mail, catalogs, television, radio, billboards, store displays, the internet and other similar electronic media (including email newsletters, email solicitations, reseller or third party websites and features, web auctions and mass emails). Prices shown in the shopping cart on a reseller’s website are considered “advertising” until the consumer commits to proceed with a purchase. The Avegant model number must be identified in any advertisement of Avegant products.
The following actions are prohibited:
• Advertising any Avegant product below Avegant’s suggested retail price described on the Avegant Pricing Addendum for such product (“MSRP”);
• If any Avegant product is bundled with, or sold as part of a package that includes, other product(s) (whether or not manufactured by Avegant), including where such other products are provided as a gift or premium with purchase, advertising such Avegant product at a price below the sum of the MSRP for such Avegant product and the manufacturer’s suggested retail price(s) or minimum advertised price(s) for such other products; and
• Advertising any Avegant product with any discount, incentive, coupon, rebate or allowance that effectively advertises a price below the MSRP for such Avegant product.
If any Distributor or Reseller engages in one or more of the above prohibited actions, then Avegant may take one or more of the following actions, in its sole discretion, to the full extent permitted by law:
• Notify such Distributor or Reseller that one of the above scenarios has occurred, and request that the practice immediately cease; and
• Restrict the availability of any or all Avegant products to such Distributor or Reseller for a period of time to be determined by Avegant.
In addition to the above actions, Avegant may take any other steps that it deems appropriate or necessary, up to and including Distributor or Reseller no longer being authorized to sell Avegant products.
Sales Channel Policy
Distributors and Resellers are not permitted to sell Avegant products on any electronic or “ecommerce” open marketplace platforms such as Amazon or Ebay, without prior written consent from Avegant. All Distributors and Resellers agree to sell Avegant products exclusively from their own premises or website for which the Distributor or Reseller owns the domain. Distributors and Resellers agree to not sell Avegant products outside of their authorized country(ies).
This policy will be enforced by Avegant in its sole discretion. Avegant’s failure to enforce this policy in some cases shall not waive its right to do so for other violations. No agreement or consent to any terms or conditions of this policy is required separate from the distribution or resale of Avegant products. Distributors and Resellers shall, at Avegant’s request, enforce the terms of this policy against any reseller to which it sells.
No complaint from any Distributor or Reseller will be sought or considered with respect to the advertising or pricing of any Avegant product by another reseller.
The terms of this policy are confidential. Distributors and Resellers may not discuss the policy with, or disclose the policy to, any other party, except to enforce this policy against its resellers as set forth above.
Questions regarding the application, interpretation or enforcement of this policy should be directed to:
1301 Shoreway Road, Suite 275
Belmont, CA 94002
Last updated September 13, 2016.
Pricing Addendum Effective February 1, 2017
Territory: United States
Product: Avegant Video Headset
MSRP - United States: USD 499.00