The Dealer Policies, including without limitation the one set out below (this “Policy”), are issued under and governed by the Authorized Dealer Agreement (the “Agreement”) between Quicksilver Scientific, Inc. (“Supplier”) and Dealer.
In order to maintain and enhance Supplier’s brand image, Supplier has instituted a unilateral policy relating to minimum advertised price standards, i.e., UMAP Policy. This UMAP Policy applies to all of Supplier’s products and all Supplier “partnered” products sold to U.S. customers. Supplier may change the products to which this UMAP Policy applies from time to time.
Under the UMAP Policy, dealers, distributors, and retailers (“resellers”) of Supplier’s Products covered by this Policy, may not advertise in any media, e.g., television, radio, newspapers, magazines, catalogs, direct mail pieces and flyers or on any Internet sites below the prices indicated in the latest Product Catalogs or Price Sheets for such Products. The UMAP Policy is inclusive of all of the reseller’s advertising including on all third party internet sites and/or pages that name or direct traffic to the reseller such as search engines, e.g., Google®, Yahoo™, etc. The current UMAP Price Lists for the Supplier Products are available to all resellers and sales representatives from Supplier.
It is inconsistent with the UMAP Policy for such Products to be advertised together at a single price that is lower than the sum of the individual UMAP Prices for those Products. Advertised rebates, other than those offered directly to consumers by Supplier, are not consistent with the UMAP Policy if the advertised net price (including the advertised rebate) for the product is below the UMAP Price. Any advertisement that depicts a UMAP Product, with or without a price associated with it, and offers, expressly or by implication, to sell the depicted product(s) at a discount that is clearly below the UMAP Price, is also inconsistent with this policy, e.g., 50% off all products, Buy One Get One Free.
It is Supplier’s intention and policy not to deal with any reseller that advertises Supplier Products at prices that are below the UMAP Price. It is the decision of the reseller to advertise at any price they choose, as long as it is not less than the UMAP Price.
The UMAP Policy does not cover point-of-sale signs, stickers, hangtags, or bar codes and similar markings on products or product packaging which merely state the retail prices at which such Products may be purchased or include a price quotation sent via email to a consumer if initiated at the consumer's request.
Finally, and most importantly, the UMAP Policy does not apply in any way to a resellers actual selling prices. The retail sales prices for any and such Products remain wholly within a reseller’s discretion.
We do not seek, nor will we accept, any agreement or assent from a reseller respecting the UMAP Policy, either now or at any future time. This policy is being established by Supplier unilaterally and is not therefore subject to negotiation. We reserve the right at any time to modify this policy, to establish new or different policies or to discontinue any or all of such policies.
If there is a violation of the UMAP Policy there will be consequences, up to and including suspension or discontinuance of Suppliers business relationship with such reseller.
We believe that our policies are clear and unambiguous. Should you have any inquiries regarding these policies, please direct them in writing to:
Quicksilver Scientific. Inc.
1376 Miners Dr., Suite 101,
Lafayette, CO. 80026