DermLite U.S. Minimum Advertised Price Policy

Effective 1 February 2022, DermLite, LLC (the “Company” or “we”) has unilaterally established the Minimum Advertised Price Policy (the “MAP Policy”) set forth below.

1. Policy Statement.
   We recognize that our success is tied to a network of select authorized resellers. We also know that many of our resellers invest significant time and resources to deliver an extraordinary customer experience through investments in service, education, and support. To that end, we have also invested significant time and resources to create and maintain a brand known for high quality products.

This MAP Policy is intended to discourage practices that may be detrimental to DermLite’s brand equity or may discourage investment in service, education, and support efforts provided by the resellers of our products. This MAP Policy is also intended to prevent resellers from taking unfair advantage of the service, education, and support efforts provided by other resellers.

2. General Guidelines. 
   1. This MAP Policy relates to the DermLite Products and their corresponding MAP Price listed here.
   2. We reserve the right to modify the above Products and their MAP Price at any time in our sole and absolute discretion. We will notify you of any such changes.
   3. This MAP Policy applies to advertised prices, and it applies to all resellers, whether selling on their own website or at their “brick and mortar” store. This MAP Policy does not apply to the price at which the Products are actually sold. We recognize that you are free to make decisions related to the price at which the Products are sold without consulting the Company.
   4. We believe in maintaining a fair and competitive marketplace for all of our resellers; if you have any questions related to this MAP Policy, please feel free to contact us.
3. Advertising Guidelines. 
   1. The MAP Policy applies to all advertisements of the Products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, television, radio, public signage, and the Internet or similar electronic media, including, but not limited to, distributor and dealer websites, banner ads, email, and auction sites.
   2. It is the Company’s policy that Products on resellers’ websites and in their “brick and mortar” stores must be advertised at or above their MAP Price and in accordance with this MAP Policy.
   3. You are permitted to advertise that a customer may “call for price” or “email for price” or to use similar language with respect to the Product, so long as no price is listed. Similarly, you may advertise that you have the “lowest prices”, will “beat competitors’ prices” or similar language, so long as the advertised price adheres to this MAP Policy.
   4. Website features such as “click for price”, automated “bounce-back” pricing emails, pre-formatted e-mail responses, or automatic price displays, for any Products prior to the Product being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by you (rather than by the customer) and thereby constitute “advertising” under this MAP Policy. As such, statements to the effect that customers may obtain a “lower” price or a “sale” price by adding an item to the shopping cart are a violation of this MAP Policy if the price displayed in the cart is lower than the MAP Price.
   5. You may advertise the Products bundled with other Products or with the inclusion of free products only if such advertisement or deal does not have the effect of advertising any Product below its MAP Price. For example, two Products bundled together should not be advertised at a price less than the combined price of each Product’s MAP Price. We reserve the right to determine that certain bundled Product offerings violate the spirit of this MAP Policy. The Company may deem any action as non-compliant with this MAP Policy if it is intended to circumvent or has the effect of circumventing the letter or spirit of the MAP Policy.
4. Enforcement
   1. The Company does not intend to do business with resellers who compromise the integrity of the Company’s brand and products by violating this MAP Policy. In the event that the Company determines that you have not adhered to this MAP Policy, the Company will send a communication notifying you of the violation and providing an opportunity to cure the violation.If the violation is not promptly cured or if the Company detects further violations, the Company may in its sole and unilateral discretion either: (i) immediately cease doing business with you and no longer sell any Products to you, or (ii) temporarily suspend your account with the Company. In such instances, the Company reserves the right to cancel any pending orders or restrict future orders.
   2. We may from time to time permit you and other resellers to sell the Products below their MAP Price. In such event, we will inform you of the Products which may be advertised below their MAP Price and the length of time you may advertise such Products at that price.
   3. The Company shall be solely responsible for: (i) determining whether a reseller has failed to adhere to this MAP Policy, (ii) communicating decisions to sellers regarding this MAP Policy, and (iii) receiving communications from sellers regarding this MAP Policy. The Company’s sales personnel and independent sales representatives have no authority to modify or grant exceptions to this MAP Policy, nor do they have any authority to communicate to resellers with regard to complying with this MAP Policy.If you have questions relating to enforcement of this MAP Policy, please contact John Bottjer, who is authorized to communicate with resellers about this Policy.

This MAP Policy is being unilaterally adopted by the Company and we are not asking you to sign this agreement or be bound by its terms. We nevertheless thank you for reviewing this MAP Policy and look forward to doing business with you going forward.