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MAP-Policy

Nite Ize has determined that its interests are best served through the adoption of a minimum and maximum advertised price ("MAP") policy. This MAP policy is designed to (1) protect reseller margins so that desirable pre-sales and post-sales services and infrastructure can be provided by our distribution partners (2) support the Nite Ize and Inova brands as premium offerings; and (3) avoid destructive intra-brand distribution channel conflict.

THIS POLICY HAS BEEN UNILATERALLY ADOPTED BY NITE IZE AND WILL BE ENFORCED IN ITS SOLE DISCRETION.

Policy Coverage: This MAP policy covers all Nite Ize distributors and resellers (collectively "Resellers") located in the United States. Although Resellers remain free to establish their own resale prices, Nite Ize will, without assuming any liability, unilaterally impose sanctions as described in this policy against Resellers who advertise applicable Nite Ize products at prices outside of the range specified herein. The MAP policy applies only to advertised prices and does not apply to the price at which the products are actually sold. Nite Ize will not discuss any conditions of acceptance related to this MAP policy, as it is non-negotiable and will not be altered for any Reseller without the express written consent of Nite Ize.

Minimum and Maximum Advertised Price: The current applicable MAP and product list for all Nite Ize and Inova brand products will be provided to all Resellers and updated from time to time at Nite Ize's sole discretion. Currently, the MAP for all Nite Ize and Inova brand products is no more than 20% above or below the applicable Manufacturer Suggested Retail Price (MSRP). For example, if the product MSRP is $24.99, the MAP range is $29.98 (+20%) to $19.99 (-20%). Both the MSRP and MAP may be changed from time to time at Nite Ize's sole discretion. Nite Ize Resellers are responsible for remaining current with MAP policy, products and applicable MSRP.

The MAP policy applies to all advertisements of Nite Ize and Inova products in and all media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio and public signage. Any price information relating to Nite Ize or Inova products on any website is considered to be advertising for the purposes of this policy. This includes auction sites such as E-bay, where starting bids, "Buy It Now" pricing, and related price information are subject to the applicable MAP. It also includes advertisements that do not include a particular price, but require further action to review the actual price. Examples of such unauthorized advertisements include, without limitation, "drop in cart" pricing, "add to cart" pricing, "click to see" pricing, and "call for" pricing, as well as advertisements that indicate discounts may be available with additional consumer action, such as providing a "special price option" or "name your price."

Policy Violations: In the event a Reseller chooses not to follow the Nite Ize MAP policy, sanctions will be unilaterally imposed by Nite Ize. Violations of MAP policy shall be determined by Nite Ize in its sole discretion. Failure to locate, resolve, and act upon pricing contrary to designated MAP is grounds for loss of Reseller status, regardless of whether the Reseller has a direct relationship with Nite Ize. It is the policy of Nite Ize to allow forty eight (48) hours to bring advertising into compliance with MAP or Nite Ize may cease (or direct a distributor to cease) the supply of Nite Ize and Inova products to such Reseller.

Policy Modifications: Nite Ize reserves the right at any time to modify, suspend, or discontinue the MAP policy in whole or in part or designate promotional periods and/or programs during which the terms of the policy change or designate periods of time during which the policy is not applicable. It is Reseller's responsibility to be aware of any changes to the MAP policy.

Unilateral Action: Nite Ize is not seeking agreement from any reseller to adhere to this MAP policy. It is entirely within the discretion of the reseller whether to comply or not comply.

Contact Information: NITE IZE SALES PERSONNEL HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY. All questions or comments regarding this MAP policy are to be directed to - legal@niteize.com