SAS Safety Group


MINIMUM ADVERTISED PRICE POLICY (MAP)
And Authorized E-commerce Reseller Conditions

SAS Safety Corp (SAS) has unilaterally adopted this Minimum Advertised Price policy (herein referred to as "MAP policy") on select SAS products as designated by SAS from time to time as "Covered Products." Covered Products will be listed in this document and in quarterly price lists as distributed.

SAS' MAP Policy is intended to ensure consistency on Minimum Advertised Pricing for any Covered Product SAS designates on its MAP Policy list. The MAP Policy refers to advertised prices of Covered Products and NOT the prices at which these products are sold. This applies to any and all forms of print and electronic media, direct mail, and audio (telephone excluded) and video communications (see section 2).

As used in this MAP policy, “reseller” means any reseller, distributor, sales representative or dealer of SAS.

1. ADVERTISING & E-COMMERCE

1.1 The Minimum Advertised Price ("MAP") for each SAS Covered Product shall be no less than the current published MAP price as designated on the SAS price list. If no MAP is listed for any Covered Product, the MAP will be the Manufacturers’ Suggested Retail Price (MSRP) for that Covered Product minus a designated percentage (see Appendix A) of that MSRP. Minimum Advertised Price is established by SAS and may be adjusted by SAS at such time and in such amounts as it may determine at its sole discretion.

1.2 Current price lists may be obtained by contacting an SAS Safety sales representative or Customer Service. The MAP for any Covered Product may be amended from time to time and may be suspended periodically for national, regional and/or seasonal promotions sponsored by SAS Safety.

1.3 SAS Safety considers any price advertised below the MAP a violation of its MAP Policy. Please see Section 3: Current MAP Covered Products for details on MAP pricing. In addition, please see the Appendix – Section A: MAP Policy Calculations From MSRP for details on quantities by box, case and pallet.

1.4 A reseller may advertise and sell Covered Products through the reseller's own proprietary internet store(s) residing on a URL owned by reseller so long as this MAP policy is adhered to, and the reseller meets SAS minimum requirements to qualify as an authorized e-commerce reseller. By way of example only and not in limitation, reseller ABC Company may sell on its own proprietary online store residing at www.abc- company. com.

Unless reseller is a participant in SAS’s Third-Party Reseller Program and has prior written consent from SAS, no reseller may advertise or sell SAS Products on any other websites, including without limitation on Amazon, Amazon Business, Ebay, Lowes, Home Depot, Walmart Marketplace, Overstock, or any other website that is not reseller's proprietary internet store(s) residing on a URL owned by reseller.

Furthermore, a reseller may not at any time sell Covered Products to any other person or entity who advertises or otherwise promotes those products using any SAS or associated marks or SAS part numbers on any Google, Amazon, Bing, social media web sites such as Facebook, or any other website in any manner including without limitation by purchasing Google Adwords or any equivalent Amazon or Bing advertising service (whether or not reseller is aware that the other person or entity intends to advertise or otherwise promote SAS Products using any SAS or associated marks or SAS part numbers on any Google, Amazon or Bing web site).

For more information on SAS’s Third-Party Reseller Program, or to see if you qualify for to become a 3rd party reseller, email [email protected]

1.5 This MAP policy applies to all advertisements of SAS Covered Products in any and all media, including, but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, internet or other electronic media, television, radio, and public signage. This MAP policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customers.

1.6 This policy includes product quantities advertised. BOGOs (buy one get one) or other variations, multi-buys, bundles, and percentage discounts are not permitted if the each price falls under MAP. Minimum advertised price for Covered Products must be advertised according to the designated each unit of measure (UOM) and cannot be combined to bring the total Covered Products under MAP. See Appendix B for details.

1.7 The inclusion in advertising of free or discounted Covered Products, would be contrary to the MAP policy if it has the effect of discounting the advertised price of the Covered Product below the Minimum Advertised Price.

1.8 The MAP Policy only applies to advertised prices of Covered Products, not the prices at which Covered Products are actually sold. SAS resellers are free to resell the Covered Products at any price of its choice. If an advertised price is below the MAP, SAS will take such action as described in Section 2 below.

1.9 This MAP policy does not establish maximum advertised prices. All resellers may offer Covered Products at any price in excess of the Minimum Advertised Price.

1.10 The MAP policy does not, in any way, limit the ability of any reseller to advertise that "they have the lowest prices," that they "will meet or beat any competitors’ price," that consumers should "call for a price" or phrases of similar meaning as long as the price advertised or listed for the product is not less than the Minimum Advertised Price. A visible strike out, deletion, alteration of any price in any internet advertising, or "mouse over for price" is strictly prohibited.

1.11 SAS maintains the right to run a temporary sale at its discretion, and in such case, the Minimum Advertised Price will be the same as the temporary sale price on those particular items for that particular time period.

1.12 Resellers must reference SAS part numbers when advertising Covered Products online.

2: MAP POLICY COMPLIANCE, ADDITIONS, AND CHANGES

2.1 SAS Safety reserves the right to modify, suspend, or cancel the MAP Policy or modify any or all MAPs at any time.

2.2 If a reseller advertises prices below those required by this MAP Policy, SAS Safety shall take the following action:

• Notify the offending party of the non-compliant advertisement and pull the Covered Products (no longer sell the Covered Products to the violating reseller).
• SAS Safety will make all decisions concerning compliance with and enforcement of this MAP policy unilaterally and in the exercise of its own business judgment.
• SAS Safety will not seek reports from resellers of Covered Products about alleged non-compliance with this MAP Policy by other resellers.
• SAS Sales Representatives (Direct or 3rd Party) will not discuss such matters with any reseller of Covered Products.
• The SAS Safety policy administrator shall be solely responsible for communication with resellers regarding this MAP Policy.

2.3 If a reseller with multiple store locations violates this MAP policy at any one store location, or on any associated website, then SAS will consider this to be a violation of this MAP policy by the reseller.

2.4 SAS reserves the right to cancel any pending orders, restrict or reject future orders, suspend a reseller's account or cease doing business with a reseller if SAS reasonably believes:
(i) a reseller has violated the provisions of the MAP policy; or
(ii) a reseller intends to violate the MAP policy.

2.5 SAS' MAP Policy Administrator is solely responsible for determining whether a violation of the MAP policy has occurred, as well as for determining appropriate consequences in accordance with this MAP policy.

2.6 Waivers under the MAP policy may be granted in SAS' sole discretion and then only by the MAP Policy Administrator in a written waiver. SAS' sales and marketing personnel, or any other personnel, are not authorized to modify or grant exceptions to or waivers under the MAP policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP policy, resellers must strictly adhere to the terms of the written waiver. Deviation from the terms of the written waiver is a violation of this MAP policy.

2.7 SAS monitors the advertised prices of resellers, either directly or via the use of third party agencies or tools. Resellers are expected to provide reasonable cooperation in any SAS investigations regarding possible MAP policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a SAS MAP policy investigation is a violation of the MAP policy.

2.8 The MAP policy will be enforced by SAS in its sole discretion and without notice. Resellers have no right to enforce the MAP policy. Violations of the MAP policy may result in any of the aforementioned consequences up to and including termination of our business relationship, as well as any available remedies at law.

3: CURRENT MAP COVERED PRODUCTS:

Current SAS MAP covered products are as follows:

• Raven® Powder-Free Nitrile Exam Grade Disposable Gloves - 7 Mil - 100bx (66516, 66517, 66518, 66519, 66520)
• Raven® Powder-Free Nitrile Exam Grade Disposable Gloves - 7 Mil - 50bx (66517-01, 66518-01, 66519-01)
• Thickster® Powder-Free Latex Exam Grade Disposable Gloves - 14 Mil - 50bx (6602-20, 6603-20, 6604-20, 6605-20)
• Thickster® Powdered Latex Disposable Gloves -14 Mil - 50bx (6602, 6603, 6604, 6605)

This MAP Policy is a unilateral declaration of policy by SAS Safety and does not reflect or constitute an agreement between SAS Safety and any reseller of Covered Products with respect to advertised prices or actual sales prices or price levels or seek an agreement between SAS Safety and any reseller with respect to advertised prices or actual sales prices or price levels. For a complete list of minimum advertising prices in this policy, email [email protected] with your business name and SAS account number or business name of your supplier.

WARRANTY:

All products, equipment, and parts (collectively "Product" or "Products") sold by SAS either directly to its customers or indirectly from its suppliers or distributors to their customers, are warranted to the original end-user purchaser who/that receives the original, unaltered Product ("Purchaser"), to be free from defects in workmanship and materials under normal use for 60-days from the date of purchase (“Warranty Claim Period”). Purchaser’s failure to notify SAS in writing of its warranty claim within the Warranty Claim Period will constitute a waiver of such claim regardless of whether the facts giving rise to such claim were discovered or were discoverable during the Warranty Claim Period. Products purchased from anyone other than SAS or SAS authorized distributors are not covered by any SAS warranty. Further, Products purchased on Amazon, Ebay, Lowes, Home Depot, Walmart, Overstock, or any other website from a company that is not authorized by SAS to sell on these, or similar sites are not covered by any SAS warranty. Defective Products must first receive a Return Material Authorization (RMA) / Return Goods Authorization (RGA) number from SAS. Upon receipt of a returned Product from a Purchaser, SAS's quality control will evaluate and analyze whether the Product is defective due to workmanship and/or materials, which is at the sole discretion of SAS. If SAS's quality control determines that the Product is defective, SAS will repair, replace, or credit the price paid for the defective Product (the choice of remedy to be in SAS’s sole discretion), and such remedy will be the sole and exclusive remedy available to Purchaser for such breach of warranty. However if SAS's quality control determines that the Product is not defective and/or does not meet the terms or conditions for making a valid warranty claim, SAS will return the Product to the customer at their cost. THIS PARAGRAPH STATES THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SAS WITH RESPECT TO ITS PRODUCTS. SAS MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, AS TO MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE), (A) WILL SAS’ LIABILITY IN RESPECT OF A CLAIM OR CAUSE OF ACTION EXCEED THE PRICE PAID BY PURCHASER FOR THE SPECIFIC UNITS OF PRODUCT GIVING RISE TO THAT CLAIM OR CAUSE OF ACTION, OR (B) WILL SAS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES.

For information or questions, email [email protected]


Last Updated: March 26, 2024