Unilateral Minimum Advertised Price Policy

Blenders Eyewear (“Blenders”) intends to protect and enhance strong reputation of the products bearing its own trademarks “Blenders” (“Products”). For this purpose, it is creating in North America a quality distribution network of retail dealers (“Dealers”) engaged in the advertising and promotion of such Products. In order to protect the image of the Products and Blenders reputation of providing customers with strong after-sales support, Blenders is unilaterally instituting and implementing a policy of minimum advertised price for the Products advertised in North America (“Policy”).

Policy

1. The Policy applies to the advertising and promotion of the Products by Blenders or its affiliates in the USA and Canada.
2. The Policy applies only to advertised prices. Dealers shall remain free to set the final selling price of the Products.
3. Minimum Advertised Price (“MAP”) is equal to the most recent suggested retail price made available by Blenders for Products (“MSRP”). MAP is unilaterally established by Blenders and can be adjusted or changed at Blenders sole discretion.
4. Dealers are required to advertise a price no lower than MAP in all advertisements of the Products in any and all media, including but not necessarily limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar media, television, radio, and public signs. It remains in any case understood that:
   • The Policy is not applicable to any form of in-store advertising.
   • Prices listed on an Internet site are considered as “advertised prices” and must adhere to the Policy, but, once the pricing is associated with an actual final purchase, the price becomes the selling price and it is not bound by this Policy. Statements such as “we will match any price”, “see price in cart” or “call for price” do not represent a violation of the Policy. The Policy applies across all web domains, including but not limited 3rd party market platforms.
   • In any case, this Policy also applies to any activity designated or intended to circumvent the intent of the Policy itself. For instance, the inclusion of the Products in the advertising of free or discounted products, cash rebates, coupons, or bundled promotions, (including second pair and bundling with other manufacturer’s product), would be a violation of this policy if such inclusion has the effect of advertising the price of the Products below the applicable MAP. It remains understood that individual marketing promotions including, but not limited to, new customer acquisition, cart abandonment, loyalty and birthday offers are not considered as a violation of the policy. Also, Blenders’ initiatives aimed at enhancing the reputation of Blenders and enrich the customers’ base by leveraging Influencers/Partners image to promote the brand are not considered as subject to the Policy.
   • Notwithstanding what is stated under this Article 4, Dealers in the United States and Canada may participate in the following authorized Blenders brand online advertising events: January 1st (30% off MAP), February 14th (30% off MAP), March 12th – 17th (50% off MAP), March 20th (30% off MAP), April 20th (30% off MAP), May 22nd – 26th (40% off MAP), June 26th – 29th (40% off MAP), July 4th - 6th (30% off MAP), August 29th - September 1st (40% off MAP), October 31st (30% off MAP), November 5th – 9th (40% off MAP), November 21st - December 1st (50% off MAP), December 2nd - December 22nd (up to 50% off MAP). Discontinued (non-carry forward) products may be advertised with MAP of up to 50% off the suggested retail price made available by Blenders. Any Products that will remain current into the following product year are not eligible to be advertised below Blenders suggested MSRP.
5. MAP does not establish maximum advertised prices. All Dealers may advertise the Products at any price in excess of the MAP established for such Products.
6. In the event a Dealer chooses not to follow the Policy, Blenders will be entitled to cease any of promotional support to the Dealer and, in case of intentional and/or repeated failure to abide by this Policy, it will be entitled to discontinue the supply of the Products to the Dealer.
7. This Policy has been unilaterally adopted by Blenders. Blenders will make all determinations concerning violations of this Policy unilaterally in its sole discretion. There will be no discussions with or appeals by any violator. Blenders neither solicits nor accepts any approval or assurance of compliance with this Policy by or from any Dealer. Nor shall anything in this Policy constitute or be construed to constitute an agreement between Blenders and any Dealer concerning the compliance of the Dealer with this Policy. Blenders may unilaterally modify this Policy at any time.
8. Blenders personnel such as sales representatives or sales managers will have no authority to modify or grant any exception to the Policy or to determine whether a violation has occurred. Therefore, all questions or comments regarding this Policy have to be directed to the Blenders Policy administrators: [email protected]

The Policy and any relevant modifications are available at blenderseyewear.com/pages/mappolicy