Effective 16 June 2020
Bollé Brands Inc. (“Bollé Brands”) is a leading eyewear and head protection group that designs, markets and distributes sunglasses, safety glasses, goggles and helmets. Bolle Brands has developed a particular strength in the specialty markets of snow sports, water sports, cycling, golf, tennis, running, premium fashion and sport lifestyle. Today, Bollé Brands’ products are distributed and worn all over the word. The company constantly refines its trademark combination of fit, fashion and comfort, resulting in some of the most advanced products in the industry. Excellence in product innovation and creativity is at the heart of Bollé Brands’ strategy. Part of Bollé Brands success has come from our relationships with our customers and from providing them with consistent, high-quality customer service on Bollé Brands high-quality products. This can only be achieved, however, if Bollé Brands retailers are adequately motivated to competitively provide such services, and if Bollé Brands products are appropriately promoted throughout the marketplace. Accordingly, Bollé Brands has unilaterally adopted the following Minimum Advertised Price Policy (the “Policy”) applicable to all authorized retailers of Bollé®, Serengeti®, H2optix® and Cébé® products (collectively, the “Bollé Brands Products”) (“Retailers”) in the United States, including, but not limited to, brick-and-mortar retailers, online retailers (including sales via Amazon.com), and catalog retailers.
1. The purpose of this Policy is to provide Retailers a framework for supporting and promoting Bollé Brands Products; to motivate Retailers to provide high levels of customer service; and to maximize sales opportunities by maintaining and enhancing the Bollé Brands brand image at all times and in all manners possible. This Policy is also enacted to encourage creative competition between Retailers.
2. Bollé Brands does not seek, nor shall it accept, any agreement by any Retailer to abide by this Policy. Rather, Bollé Brands has unilaterally determined that it will only distribute its products through Retailers that consistently comply with the Policy. Bollé Brands will not discuss any conditions of acceptance related to the Policy, as it is non-negotiable and will not be altered for any Retailer.
3. While Retailers remain free to advertise and sell Bollé Brands Products at any price they deem appropriate, it is a violation of this Policy, to advertise or promote any price for any Bollé Brands product listed on Exhibit A hereto (the “MAP Product List”) that is below Bollé Brands Minimum Advertised Price (“MAP”). Bollé Brands is solely responsible for establishing the MAP for any Bollé Brands product and for communicating the MAP to all Retailers. Bollé Brands may amend or modify the MAP Product List at any time in its sole discretion.
4. The Policy applies to any advertised price (whether advertised using print media, email newsletters, email solicitations, Internet or similar electronic media, television, radio, billboards, online advertisements, paid search advertisements, shopping comparison advertisements, ad landing pages, blogs, social media, signage (except signs displayed within a brick-and-mortar selling location), or any other form of advertising) for any Bollé Brands product on the MAP Product List. It shall be a violation of this Policy for a Retailer to use strikeouts or strikethroughs of pricing information, “see price in cart,” “click for price” features, or other statements that suggest that a lower price for a Covered Product may be found at the final online checkout stage; however, it is not a violation of the Policy for Retailers to advertise that a customer may call or email for price as long as no price is listed and no automated call, text message, email, or other automated “bounce-back” message is used in response. This Policy applies only to advertised prices and does not affect the prices that a reseller may charge for Bollé Brands Products.
5. In determining whether a Retailer’s advertised or promoted price falls below the MAP, all discounts, credits, rebates, free goods, or other discounted products, including Retailer offers to pay sales tax or shipping, shall be included. Any promotional activities that have the effect of advertising a price below the MAP, including, but not limited to, a price-off coupon, product bundle, rebate, storewide sale, promotional code, or other similar items that can be applied to Bollé Brands Products or from which Bollé Brands Products are not excluded, are prohibited under this Policy.
6. Notwithstanding the foregoing, pricing information displayed at the final online checkout stage of a transaction is not considered “advertising” under this Policy. The “final online checkout stage” is the stage when the product is put into a shopping cart that contains the customer’s name, shipping address, email address, and payment information. Pricing information in the “shopping cart” or “checkout” stages must be obscured technically so that it is not retrievable by shopping and pricing engines, and not displayed on search page results within the Retailer’s own website.
7. This MAP Policy does not prevent any Retailer from independently and unilaterally determining the price at which it will advertise or sell products on the MAP Product List. Retailers remain free to set prices independently and to independently determine whether to abide by Bollé Brands Manufacturer Suggested Retail Price (“MSRP”) in establishing their retail prices.
8. Bollé Brands will take the following actions against any Retailer using advertisements that do not comply with this Policy:
- For a Retailer’s first violation of the Policy, Bollé Brands will notify the Retailer in writing of such failure.
- For a Retailer’s second violation of the Policy during a single 12-month period, Bollé Brands will notify the Retailer in writing of such failure; revoke the Retailer’s “authorized” status for thirty (30) days; and place the Retailer’s account on shipping hold for thirty (30) days, resulting in Bollé Brands revocation of any pending orders, cancellation of any pending shipments, and refusal to accept new orders from the Retailer for 30 days.
- For a Retailer’s third violation of the Policy during a single 12-month period, Bollé Brands will revoke the Retailer’s “authorized” status and terminate its business relationship with the Retailer. A continuing violation of the Policy will be deemed to constitute a subsequent violation if it continues for more than seven (7) calendar days after the Retailer receives notice of the violation.
9. No Bollé Brands employee or agent is authorized to modify, interpret, or grant exceptions to this Policy; solicit or obtain the agreement of any person to abide by this Policy; or otherwise discuss any aspect of this Policy with any Retailer, including that Retailer’s or any other Retailer’s compliance with the terms of the Policy, except through the written notice specified in the prior paragraph. Bollé Brands does not intend to, nor shall it, coerce any Retailer to comply with this MAP Policy or to otherwise raise prices for any Bollé Brands product. This Policy does not confer any rights on any Retailer, as a thirdparty beneficiary or otherwise, concerning the prices that any other Retailer may advertise or offer. If notified of any Policy violation, Bollé Brands does not undertake any obligation to enforce this Policy as against any other Retailer except as determined in its sole discretion. Any questions about this Policy should be submitted in writing and directed to Bollé Brands MAP Policy Administrator at Curtis.Ellis@bollebrands.com and/ or email@example.com Bollé Brands will accept no other form of communication from Retailers regarding the Policy.
10. All matters of interpretation and application of the terms of this Policy remain within Bollé Brands sole discretion. Bollé Brands reserves the right to modify this Policy at any time without notice. This Policy is effective as of the Effective Date set forth above and supersedes all prior Bollé Brands policies regarding minimum advertised prices or resale prices for Bollé Brands products applicable to all Retailers.