Wufoo

Guillemot Inc (“Guillemot”) has adopted unilaterally this Minimum Advertised Price policy (“MAP policy”) which is applicable to any Dealers. “Dealers” or “Dealer” means any retailers, etailers, independent resellers, stores or dealers which purchase Products to resell them to end users. Guillemot will not discuss any conditions of acceptance related to the MAP policy, as they are non-negotiable and will not be altered for any Dealers.

Guillemot has adopted this MAP policy in order to (1) encourage and enable Dealers to provide pre-sale and post-sale services and infrastructure in relation with the Products, (2) support the THRUSTMASTER brand as a premium offering, and (3) avoid that some Dealers take advantage of the service and support efforts of others.

In case of conflict, this MAP policy shall prevail over any previous agreements or statements of policy related to the Products which may have been in effect prior to the above effective date.

1. Products concerned
This MAP policy applies to the THRUSTMASTER branded Products of Guillemot and determined in section 7 (“Products”). Products not listed under section 7 are not subject to the MAP policy.

2. MAP Policy territory coverage
This MAP policy covers all Dealers located in, or selling into, the United States of America.

3. Affected Advertising
This MAP policy requires that a price no less than the MAP be shown on all advertising. The following forms of advertising media are covered by the MAP policy:
• Print advertising, including but not limited to newspapers, circulars, magazines, catalogs, flyers, posters, coupons;
• Direct mailers, including but not limited to emails and newsletters;
• Audio or audiovisual advertising, including radio and TV;
• Billboards;
• Online advertising (such as internet or similar electronic media). Online advertising specifically includes “shopping carts,” “member prices,” “logged-in” customer areas, and any communication or display of a price accessible by a search engine, web crawler and/or specialized shopping and pricing engines. Online advertising also includes any websites or other places accessible by the internet including, without limitation, auction sites.

This MAP policy does not cover in-store advertising that is displayed only in the store and not distributed to any customers. In-store displays, point-of-sale signs, hang tags or bar codes or similar marks on Products or Product packaging which merely state the price are not considered “advertising” for purposes of this MAP policy.

4. Advertised Price
The Minimum Advertised Prices (“MAP”) are indicated in section 7. These MAP may be updated at any time at Guillemot’s sole discretion. Dealers will be informed of any change of the MAP policy by email. It is the responsibility of the Dealers to update advertised prices accordingly. Using an outdated price will violate the MAP policy.

This MAP policy does not affect the Dealer’s actual resale price. Each Dealer is expected to independently determine and set the price at which it sells the Products. This MAP policy applies to advertised prices only.

5. Violations
Any advertising including language or graphics that state or suggest that a Product is being promoted at a price less than the MAP constitutes a violation of the MAP policy

Guillemot will enforce the terms of this MAP policy with a written warning notice of violation. Dealers shall promptly correct any violation within 72 hours of receipt of the notice. Failure to do so may result in:

1. the cancellation of any pending or future orders of Products for a period of time determined by Guillemot; and/or
2. the modification of the Dealer’s discount structure, if any; and/or
3. the unavailability of special offers; or
4. the closing of the business relation.

The severity of the penalty will depend on the seriousness of the offense and/or if Dealer backslides.

6. General Statements
All matters of interpretation and enforcement of the terms and conditions of this MAP policy shall remain within the sole discretion of Guillemot. This MAP policy may be discontinued or modified over time. Dealers will be notified of any changes of the MAP policy.

Advertising compliance is required for marketplace consistency.