UNITED STATES UNILATERAL PRICE POLICY

UNITED STATES UNILATERAL PRICE
POLICY

EFFECTIVE DATE: July 1, 2020
We recognize that our high-quality Resellers invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and compelling vendor presentation. To support our resellers’ efforts, CuraLife USA wishes to establish policies that help resellers to maximize business opportunities and earn the profits necessary to maintain the high level of excellence people and consumers have come to expect from CuraLife resellers.
In order to successfully compete in the marketplace and to maintain its premium brand image, CuraLife USA has announced this Unilateral Policy. Hereafter, all sales from CuraLife Resellers to end-users of Products set forth in CuraLife’s Unilateral Price Grid (the “Product(s)”) inside the United States shall be subject to this Unilateral Policy. CuraLife Products covered and their coordinating minimum advertised prices and minimum retail prices are set forth in the Unilateral Price Grid and shall be delivered or otherwise made available by CuraLife to the reseller. CuraLife reserves the right from time to time to alter, modify, suspend, or cancel this Unilateral Policy, the Products covered, and/or the minimum advertised prices and minimum retail prices.
This Unilateral Policy does not restrict the reseller’s right to establish independent advertised and/or resale prices of CuraLife Products. CuraLife
reserves the right to determine whether a reseller has advertised or sole CuraLife’s Products at a net advertised price and/or net retail price less than the minimum advertised price and minimum retail price established in this Unilateral Policy. Upon such determination, CuraLife may, without assuming any liability, cancel all orders and may indefinitely refuse to accept new orders from the reseller.
This Unilateral Policy has been unilaterally adopted by CuraLife. CuraLife neither solicits nor will it accept assurances by any reseller of acquiescence with this Unilateral Policy. Nothing in this Unilateral Policy shall constitute an agreement between CuraLife and any reseller of compliance with this Unilateral Policy. The reseller within its own discretion can choose to acquiesce or not acquiesce with this Unilateral Policy. CuraLife will not discuss conditions of acceptance related to this Unilateral Policy. This Unilateral Policy is non-negotiable and will not be altered, modified, or amended for any reseller.
The following are actions that constitute acquiescence with CuraLife’s Unilateral Policy:
● The offer of free shipping or financing on Product(s) listed in the Unilateral Price Grid
● CuraLife, from time to time within its sole discretion, may announce promotional prices and bundles of Product(s) listed in the Unilateral Price Grid The following are actions that do not constitute acquiescence with CuraLife’s Unilateral Policy:
● Advertising that: i) states things such as “see price in cart,” “click to see price,” “add to cart for best price,” “call for price”; ii) lists a price that is struck through; iii) does not list a price, or iv) contains any language or graphic representation that implies, or from which the end-user can infer, that the end-user may click through to the cart to see a price lower or higher that set forth in the Unilateral Price Grid
● The issuance of non-CuraLife announced rebates (in any form, including coupon codes) on Product(s) listed in the Unilateral Price Grid
● Combining a Product from the Unilateral Price Grid with any other product for a combined price lower than the combined price of what the two (2) products could be advertised independent of each other as set forth in the Unilateral Price Grid CuraLife’s sales personnel have no authority to modify or grant exceptions to this Unilateral Policy. Any attempts to contact CuraLife personnel to seek to modify or make exceptions to this Unilateral Policy could lead CuraLife, without assuming any liability, to cancel all orders and/or indefinitely refuse to accept new orders from the reseller. All questions regarding interpretation of this Unilateral Policy should be directed to the Unilateral Policy Committee at [email protected]