Minimum Advertised Price Policy

DIVA INTERNATIONAL INC. RETAILER RESALE POLICY, MINIMUM ADVERTISED PRICE (MAP) POLICY .
Effective: November 15, 2012

Introduction
Diva International Inc. (“Diva”) has unilaterally adopted the following policies: a Retailer Resale Policy, a Minimum Advertised Price Policy (MAP Policy) and a Return Policy (See Addendum B). These policies are applicable to all resellers who sell Diva’s products to end consumers (“Retailer(s)”) for all products manufactured and sold under the Diva brand., including but not limited to sales through brick and mortar stores, practitioner’s offices, catalogs and over the Internet.

The purpose of these Policies are to:

a) Ensure the high quality premium positioning of the Diva brand(s);

b) Protect the investment of Retailers that provide valuable education and sales support to their customers;

c) Prevent Diva’s products from being sold to unauthorized resellers outside of the US in markets which may or may not be in countries that are approved or cleared for sale by Government Health Agencies;

d) Protect retail staff from handling returned product that are personal hygiene medical devices; and to

e) Protect consumers from buying a product that could have been returned by another consumer who used the device.

Retailer Resale Policy
The Retailer Resale Policy shall apply equally to all Retailers with the following requirements:

1. Retailers may only sell Diva products to consumers for their own use and not for resale.

2. Retailers may only sell Diva products to end-consumers in the United States.

3. All pictures, images and descriptions from Diva’s website or e-mail communications are the exclusive property of Diva and may be used only with Diva’s prior written approval. Such intellectual property of Diva must be used as it appears on the website or e-mail and may not be altered in any way without Diva’s prior written approval.

4. Violations: If a Diva Retailer knowingly or negligently offers or sells Diva products to one or more Retailers or to anyone else which resells such product(s) or provide(s) such products to others for resale, this Policy has been violated, with the result that the Retailer doing so will no longer be permitted to purchase or sell Diva products.

MAP Policy
The MAP Policy adopted by Diva shall apply equally to all Retailers or to any person(s) or entity which advertises or otherwise promotes Diva’s products. Diva will not discuss any conditions of acceptance to this MAP Policy as it is non-negotiable, and will not be altered for any Retailer.

1. Policy: The MAP Policy shall apply to all Diva products listed in the MAP listing at the end of this document. MAP pricing is established by Diva and may be adjusted by Diva at its sole discretion at any time. Current MAP pricing will be available in writing or electronically by e-mail or posting on a designated website. Retailers are free to establish their own advertised and resale prices. However, Diva will, without assuming any liability, unilaterally impose sanctions as described in this policy against Retailers who advertise applicable Diva products at net prices below those specified herein. Distributors of Diva’s products will supply a copy of the herein policy to any new or existing retail and E-commerce Retailer(s).

2. Application: The MAP Policy applies to all forms of advertising and promotions (regardless of the medium used) of Diva’s products by or on behalf of a Diva Retailer in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media including websites (such as Amazon.com), e-mail newsletters, e-mail solicitations, television, radio, and public signage. This MAP Policy provides that there will be no strike-throughs or other alteration of advertised prices.

3. Exclusions: The MAP policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer. In-store displays, point of sale signs, hangtags, or bar codes or similar marks on products or product packaging which merely state the price are not considered “advertising” for the purposes of this MAP Policy. This MAP Policy does not apply to the actual sales price on any check-out, shopping cart, or “too low to show” pages of any Retailer’s website or related internet site. This MAP Policy does apply to any other page(s) on the Retailer’s website. The MAP Policy only sets forth suggested advertised prices and does not apply to the price at which the products are sold or offered for sale to an individual customer at the Retailers physical location, by written request or over the telephone.

4. Violations: In cases of non-compliance with the MAP Policy, Retailers will be allowed twenty-four (24) hours to bring advertising into compliance and will be notified by Diva in writing or electronically. If the Retailer is in violation of the MAP Policy and does not comply, the Retailer will no longer be permitted to purchase or sell Diva’s products. Diva will not provide prior notice or issue warning before taking action under this policy.

5. Examples of Violations: Including, but not limited to the following, a Retailer may violate this Policy by displaying: (a) a price that is lower than the relevant MAP; (b) a percentage reduction from a reference price that results in a price less than the relevant MAP; (c) a price for a bundle of Diva’s products that is less than the sum of each MAP for the corresponding products; or (d) a price for one or more Diva products combined with one or more free or reduced-priced goods (which are not Diva product(s)) that is less than the sum of each relevant MAP and the fair market value (as determined by Diva) of such free or reduced-price goods.

6. Compliance: In exchange for compliance with the policies outlined herein and in Addendum A and B, Diva will offer the following to Retailers:

a) Listing on Diva’s online store locator at divacup.com;

b) Authorization for use of Diva’s trademarks, images and copy;

c) Authorization for use of Diva’s trademarks in Google Adwords (please send your company Google Account ID to sales@divacup.com)

Nature of the Policies herein:
These policies are solely Diva’s decision and responsibility. No employee or sales representative of Diva, its distributors, wholesalers, or re-sellers have any authority to modify these policies and any action of any person, which claims to modify these policy or to solicit or obtain the agreement of any person to the policy, is unauthorized and invalid. Any action taken by Diva under this policy shall be without liability to Diva.

Any of these Policies may be modified, extended, suspended, discontinued or rescinded in whole or part at any time by Diva in writing or electronically by e-mail or posting on the Policy Website (including, without limitation, during any Diva promotional period(s)), with such action(s) effective immediately or as otherwise described by Diva. These Policies: (a) remain in effect unless Diva provides notice to Retailers otherwise in writing or electronically by e-mail or posting on the Policy Website (http://divainternational.ca/trade-information/map/ ) and (b) cannot be superseded by any other announcement or policy, unless Diva expressly states therein that either or both of these Policies has or have been superseded.

Any questions about any of these policies should be in writing and directed to the Policy Administrator :

Mr. John Szustaczek

Director of Sales and Marketing

Diva International Inc.

1221 Weber St. E, Box 25089

Kitchener, Ontario

N2A 4A5 CANADA

Tel: 866-444-3482

Fax: 888-810-8621

john@divacup.com

 

Version : 11-12

Issued: November 12, 2012

 

Diva International Inc.
Suggested Retail Pricing (SRP) & Minimum Advertised Pricing (MAP)

 

UPC Code Item Number Product Description Suggested Retail price (SRP) Minimum Advertised Price
857538000015
DV001
DivaCup Model 1
$39.99
$29.99
857538000022
DV002
DivaCup Model 2
$39.99
$29.99
857538000039
DV003
DivaWash
$11.99
$8.99

 

UA-36800076-1