MAP Policy and Dealer Agreement
Pro Band Sports Industries, Inc. U.S. DEALER POLICY
I.INTRODUCTION
Pro Band Sports Industries, Inc. is proud to partner with a network of reputable dealers to bring innovative solutions to athletes and people in the workforce alike for pain relief, recovery, and performance. We recognize that our success in helping athletes train longer, finish stronger, and be able to perform at their best is tied to the success of our dealer or retailer (collectively “dealer(s)”) partners. We also know that our dealers invest significant resources to provide customer service and support to the consumer. In an effort to serve the best interests of both Pro Band Sports Industries, Inc. and our network of dealers, we have adopted this U.S. Dealer policy for dealers in the United States. This U.S. Dealer policy is designed to:
(1)Establish standard policies and practices for dealers of Pro Band products in the United States in order to maintain a consistent consumer experience with the brand
(2)Protect dealer margins so that desirable pre-sales and post-sales services and infrastructure can be provided by our channel partners
(3)Support the ProBand® brand as a premium offering
(4)Avoid destructive intra-brand channel conflict
This policy has been unilaterally adopted by Pro Band Sports Industries, Inc. and will be uniformly and indiscriminately enforced (see Section VI).
II.SALES
Dealers of Pro Band Sports Industries, Inc. products agree to use authorized logos and images for products, advertising materials, and online materials. Dealer agrees to hold all trademarks of Pro Band Sports Industries, Inc. as the property of Pro Band Sports Industries, Inc. and use advertising materials provided by Pro Band Sports Industries, Inc. in an authorized manner only. Dealer may only sell directly to end consumers in the U.S., Canada. Dealer is prohibited from selling to B2B accounts, wholesalers, or freight forwarders/drop shippers for other retailers without express written consent from Pro Band Sports Industries, Inc.. That consent may be revoked at any time at the sole discretion of Pro Band Sports
Industries, Inc.
Large or bulk orders may be subject to review. Dealer may not re-package, re-label, or modify Pro Band Sports Industries, Inc. products in any way prior to selling. Dealer must not re-SKU or bundle Pro Band Sports Industries, Inc. products without receiving prior written permission.
III. DAMAGED GOODS AND RETURNS
Pro Band Sports Industries, Inc. prohibits the sale of its products through liquidation channels. If product, pallets, or shipments received from Pro Band Sports Industries, Inc. are deemed damaged, compromised, or otherwise unsellable through traditional channels, that product must be returned in full to Pro Band Sports Industries, Inc.. All Pro Band Sports Industries, Inc. products are absolutely prohibited from being destroyed, donated, or re-sold through liquidation channels by the dealer. Doing so would constitute a violation of this policy (see Section VI).
IV. ENFORCEMENT
Pro Band Sports Industries, Inc. may monitor, either directly or through the use of third parties, its dealers’ advertisements, sales, and other activity to ensure compliance with this U.S. Dealer policy.
Pro Band Sports Industries, Inc. values its relationship with its dealer network in order to build the Pro Band Sports Industries, Inc. brand and business. Consequently, Pro Band Sports Industries, Inc. does not intend to do business with dealers or sales representatives who degrade the image of Pro Band Sports Industries, Inc. and its products. Pro Band Sports Industries, Inc. reserves the right to cancel any pending orders, restrict future orders, or suspend dealers' accounts if Pro Band Sports Industries, Inc. reasonably believes that a dealer has violated provisions of this U.S. Dealer policy.
Intentional or repeated failure to abide by this U.S. Dealer policy will result in termination of authorized dealership and sales representation. Pro Band Sports Industries, Inc. may provide prior notice or issue warnings before cancelling an authorized dealer agreement due to violation of this policy.
V. ACCEPTANCE
This U.S. Dealer policy has been established by Pro Band Sports Industries, Inc. to help ensure the legacy of Pro Band Sports Industries, Inc. as a premier producer of high performance, high quality products for athletes and to protect the reputation of its name and products. This U.S. Dealer policy is also designed to ensure dealers and sales representatives have the incentive to invest resources into services for Pro Band Sports Industries, Inc. consumers.
Please indicate your agreement to the U.S. Dealer policy by signing and listing the name of your company below. Sales representatives of Pro Band Sports Industries, Inc. products will supply a copy of this U.S. Dealer policy to any new or existing dealer to be completed and returned to Pro Band Sports Industries, Inc.. By completing this form the dealer agrees to the U.S. Dealer policy listed above for Pro Band Sports Industries, Inc. products.
Pro Band Sports Industries, Inc. MINIMUM ADVERTISED PRICING POLICY
I. INTRODUCTION
Pro Band Sports Industries, Inc. is proud to partner with a network of reputable dealers to bring innovative solutions to athletes and people in the workforce for pain relief, recovery, and performance. We recognize that our success in helping athletes, individuals in the workforce, and others train longer, finish stronger, and be able to perform at their best is tied to the success of our dealer or retailer (collectively “dealer(s)”) partners. We also know that our dealers invest significant resources to provide customer service and support to the consumer. In an effort to serve the best interests of both Pro Band Sports Industries, Inc. and our network of dealers, we have adopted this minimum advertised price (“MAP”) policy for dealers in the United States. This MAP policy is designed to:
(1) Establish standard policies and practices for dealers of Pro Band products in the United States in order to maintain a consistent consumer experience with the brand
(2) Protect dealer margins so that desirable pre‐sales and post‐sales services and infrastructure can be provided by our channel partners
(3) Help ensure the integrity and consistency of advertised prices across the universe of Pro Band dealers in the United States
(4) Support the ProBand® brand as a premium offering
(5) Avoid destructive intra‐brand channel conflict
This policy has been unilaterally adopted by Pro Band Sports Industries, Inc. and will be uniformly and indiscriminately enforced (see Section III).
II. MAP PRICING POLICY
The Minimum Advertised Price (MAP) for all Pro Band Sports Industries, Inc. products shall be as published in the table below, which represents approximately a 15% discount below the MSRP. This MAP policy applies to all forms of advertising, including prices in online stores and websites. MAP pricing is established by Pro Band Sports Industries, Inc. and may be adjusted by Pro Band Sports Industries, Inc. at its sole discretion at any time.
| Product Description | List Price (MSRP) | MAP |
| Pro Band BandIT | $28.95 | $25.97 |
| Pro Band BandIT XM | $39.95 | $34.97 |
| Pro Band KneedIT | $33.95 | $28.97 |
| Pro Band KneedIT XM | $39.95 | $35.97 |
| Pro Band Ankle BandIT | $33.95 | $29.97 |
Pro Band Sports Industries, Inc. MAP policy does not in any way limit the ability of any dealer to advertise that “they have the lowest prices”, that they “will meet or beat any competitor’s price”, that consumers should “call for a price”, or similar phrases as long as the price advertised or listed for the products is not less than MAP. Any advertised or online price listed below MAP, regardless of a retailer’s
price matching policy, will constitute a violation of this policy and be subject to Pro Band’s MAP policy enforcement (see Section VII). To be clear—this MAP policy does not restrict or otherwise limit a retailer’s right to set its own prices for sales of Pro Band Sports Industries, Inc. products—it only sets the minimum advertised price for which dealers can advertise Pro Band Sports Industries, Inc. products.
This MAP policy does not establish maximum advertised prices. All dealers and sales representatives may offer Pro Band Sports Industries, Inc. products at any price in excess of the MAP. Internet auctions may not display or have reserved bid or other acceptable prices below the MAP price.
Any special product bundles, seasonal promotions, or other programs with desired discounts below the indicated MAP price levels will need to be pre‐approved in writing by Pro Band Sports Industries, Inc. to avoid violation of this policy. The provisions of this MAP policy related to minimum advertised prices are
unilateral and are not intended to be nor shall they be construed as an agreement between Pro Band Sports Industries, Inc. and its dealers.
III. ENFORCEMENT
Pro Band Sports Industries, Inc. may monitor advertised and list prices either directly or through the use of third parties to identify and document MAP policy violations.
Pro Band Sports Industries, Inc. values its relationship with its dealer network in order to build the Pro Band Sports Industries, Inc. brand and business. Consequently, Pro Band Sports Industries, Inc. does not intend to do business with dealers or sales representatives who degrade the image of Pro Band
Sports Industries, Inc. and its products. Pro Band Sports Industries, Inc. reserves the right to cancel any pending orders, restrict future orders, or suspend dealers' account if Pro Band Sports Industries, Inc. reasonably believes: i. A dealer has violated the provisions of this MAP policy; or ii. A dealer intends to violate this MAP policy.
Intentional or repeated failure to abide by this MAP policy will result in termination of authorized dealership and sales representation. Pro Band Sports Industries, Inc. may provide prior notice or issue warnings before canceling an authorized dealer agreement due to violation of this MAP policy.
IV. QUESTIONS AND COMMENTS
Dealers should address any questions and comments regarding this MAP policy to: cservice@proband.com.
V. EFFECTIVE DATE
This MAP policy has been established by Pro Band Sports Industries, Inc. to help ensure the legacy of Pro Band Sports Industries, Inc. as a premier producer of high performance, high quality products for athletes and workforce alike and to protect the reputation of its name and products. This MAP policy is also designed to ensure dealers and sales representatives have the incentive to invest resources into services for Pro Band Sports Industries, Inc. consumers. This policy is established by Pro Band Sports Industries, Inc. and may be adjusted by Pro Band Sports Industries, Inc. at its sole discretion at any
time.
THIS POLICY IS UNILATERALLY EFFECTIVE AND UPDATED January 1, 2021