LIFEGARD AQUATICS - MINIMUM ADVERTISED PRICE POLICY

INTRODUCTION

Lifegard Aquatics recognizes that our success is tied to the success of our network of select authorized dealers. We also know that many of our dealers invest significant time and resources to deliver an extraordinary customer experience. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our dealer’s service and support efforts.  As a result, Lifegard Aquatics has unilaterally established this Minimum Advertised Price (“MAP”) Policy.

POLICY STATEMENT

Lifegard Aquatics, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower that the MAP.

GENERAL GUIDELINES

1. All Lifegard Aquatics MAP identified products are covered by this policy, (“MAP Products”). Lifegard Aquatics may in its sole discretion modify this list at any given time.
2. Lifegard Aquatics recognizes that dealers are free to make their own decisions to advertise and sell any Lifegard Aquatics product at any price they choose, without consulting or advising Lifegard Aquatics. Similarly, Lifegard Aquatics will exercise its right to make its own decisions regarding the Lifegard Aquatics Authorized Reseller Program, supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.
3. The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or over the telephone.
4. Lifegard Aquatics believes in maintaining a well-regulated and fair marketplace for all its authorized resellers.

ADVERTISING GUIDELINES

1. The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as internet sites, social media sites, apps, or any other electronic media.
2. The MAP Policy does not apply to solely on-premises or in-store advertising that is not distributed to customers
3. Website features such as “click for price,” automated “bounce-back” pricing e-mails, preformatted e-mail responses, forms, automatic price display for any items prior to being placed in a customer’s shopping cart and other similar features are considered communications initiated by the dealer (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.
4. 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, specifically with respect to Lifegard Aquatics Products, so long as no price is listed.
5. This MAP Policy also applies to any activity which Lifegard Aquatics determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for “group purchases” and the like.
6. It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.
7. From time to time, Lifegard Aquatics may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, Lifegard Aquatics reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
8. From time to time, Lifegard Aquatics may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer’s rebate, provided that:
9. the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer’s rebate in the same type size and model.
10. an asterisk is placed next to the net price after manufacturer’s rebate; and

iii. “after manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.

BUNDLING GUIDELINES

1. “Bundling” or advertising Lifegard Aquatics products for sale together with other products will violate this MAP Policy when:
2. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP; or
3. the product(s) bundled with MAP Products violate Lifegard Aquatics Intellectual Property rights; or

iii. the product(s) bundled with MAP Products violate the Lifegard Aquatics Trademark & Brand Policy; or

1. the product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s); or
2. the effective or stated discount is greater than 15% of the highest priced item in the bundle.
3. Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP Product will violate this MAP Policy when:
4. the effective or stated price of the bundle represents an immediate discount of greater than 15% of the MAP; or
5. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP after taking into consideration any contingent future purchase.
6. Rebate programs from Lifegard Aquatics, whether on MAP Products or Lifegard Aquatics partners’ products, are exempt from this policy.

POLICY ENFORCEMENT

1. If a dealer with one or multiple locations violates this MAP Policy at any one location, or on any associated website, then Lifegard Aquatics will consider this to be a violation by the dealer.
2. Lifegard Aquatics reserves the right to cancel any pending orders, restrict future orders, or suspend dealers’ account if Lifegard Aquatics reasonably believes:
3. a dealer has violated the provisions of this policy; or
4. a dealer intends to violate this policy.
5. Lifegard Aquatics MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate sanctions.
6. Waivers to this MAP Policy may be granted in Lifegard Aquatics sole discretion by the MAP Policy Administrator in writing. Lifegard Aquatics Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.
7. Lifegard Aquatics monitors the advertised prices of dealers, either directly or via the use of third party agencies or tools. Dealers are expected to provide reasonable cooperation in any Lifegard Aquatics investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Lifegard Aquatics MAP Policy investigation is a violation of this MAP Policy.
8. The MAP Policy will be enforced by Lifegard Aquatics in its sole discretion and without notice. Dealers, distributors, and resellers have no right to enforce the MAP Policy. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law. All questions related to this MAP Policy should be directed by email to: info@lifegardaquatics.com