Effective Date: September 15, 2024

EuroMedica has determined that certain advertising practices undermine the reputation, brand, goodwill, and premium image of EuroMedica’s products with our target consumer retail population and discourage EuroMedica Resellers from investing in the growth of EuroMedica product lines and providing the best possible service and support to consumers. Therefore, EuroMedica has adopted this Minimum Advertised Price (“MAP”) policy (the “Policy”), which applies to all Advertisements (as defined below) of EuroMedica products by all Resellers of EuroMedica products (hereinafter, “Resellers”) advertising to end user consumers in the United States. This Policy supersedes all of our prior policies or representations regarding minimum advertised prices or minimum resale prices for EuroMedica products applicable to Resellers.

 

MINIMUM ADVERTISED PRICE

MAP is established solely by EuroMedica and will be communicated to all Resellers. The products, Suggested Retail Prices (“SRPs”), and MAP may be changed from time to time at EuroMedica’s sole discretion. If EuroMedica changes the MAP on any product, it will provide at least 30 days’ notice to Resellers before such change takes effect.

It is a violation of this Policy for a Reseller to advertise any EuroMedica product(s) at a price lower than the published MAP.

EuroMedica is solely responsible for establishing the minimum advertised price (“MAP”). MAP is the price that is designated for each product in EuroMedica’s current Retail Price List. While resellers remain free to sell EuroMedica Products at any price they deem appropriate, it is a violation of this Policy for a reseller to advertise any EuroMedica Product at a price lower than the MAP.

 

ADVERTISING SUBJECT TO THE POLICY

This policy applies to all advertisements of EuroMedica products in any and all media as well as any advertising within brick and mortar clinics or other selling venues. An advertisement includes any and all promotional or pricing information accessible to consumers via any type of media, marketing, or promotional materials, including, without limitation:

  • Flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogues, internet or similar electronic media including websites, email and email solicitations, newsletters, television, radio, public signage, trade shows, billboards; and
  • All forms of Internet advertising, including, without limitation, all websites and website pages and banners, social media, emails, blogs, portal sites, and search engines (including but not limited to Google, Google Shopping, Yahoo, etc.) whether or not products are sold from those sites. This includes prices listed in emails, search engines or placement of ads on any other website, including natural or paid search engine listings, shopping sites, marketplaces and auction sites. Internet sites that ask customers to utilize their shopping cart as a way of displaying pricing are in violation of this Policy.

Direct or indirect attempts to circumvent this Policy will be considered a violation of this Policy. Such attempts may include, but are not limited to:

  • The use of any discount, gift card, coupon, giveaway, rebate offer or incentive (whether in the form of a special event, promotion, condition to doing business or otherwise) in any advertising by a Reseller where the cumulative effect is to reduce the advertised price of any product(s) below the stated MAP for that product.
  • Advertisements that bundle or include free or discounted EuroMedica products with other products or services (whether or not manufactured by EuroMedica) if such bundling has the effect of discounting the advertised price of the EuroMedica product below the MAP. In the case of bundles, the advertised price of the bundle must be equal to or greater than the total of the MAP of each product (from EuroMedica or from other manufacturers) in such bundle. If other products in the bundle do not have a MAP, then retail prices must be used. Other products may be advertised as giveaways with the purchase of any EuroMedica product, but the advertised value of such giveaway shall not exceed the MAP price for EuroMedica plus the MAP or Retail Price of the other product.
  • Advertisements of multipack offers if the advertised price of the multipack is less than the quantity of product in the multipack multiplied by the respective MAP of the products that comprise said multipack.
  • Strikeouts or strikethroughs of advertised pricing information, “see price in cart,” or other statements that suggest, indicate, or imply that a lower price may be found at the online checkout stage.
  • The use of another company’s website to display below MAP pricing and offering a link to your website.

An “advertisement” shall not include (i) any in-office advertising that is displayed only in the office and not distributed to any customer (including, but not limited to, in-office displays, point-of-sale signs, hangtags or bar codes or similar marks on products or product packaging that merely states the related product’s price), or (ii) pricing information displayed at the Final Online Checkout Stage (which is when the product is put into an online shopping cart that contains the customer’s name, shipping address, email address, and payment information for a transaction).  Please note that pricing information in the Final Online Checkout Stage must be obscured technically so that it is not retrievable by shopping and pricing engines and not displayed on search page results within the Reseller’s own website.

Discontinued merchandise approved by EuroMedica are excluded from the MAP Policy. This MAP Policy does not establish maximum advertised prices. All Resellers may offer products at any price in excess of the respective product MAP.

 

POLICY VIOLATIONS

EuroMedica will monitor and review Resellers’ advertisements for violations of this Policy. Violations of the Policy shall be determined by EuroMedica in its sole discretion. Resellers have no right to enforce the Policy and EuroMedica will not communicate with any Reseller or third-party regarding violations of this Policy by others. EuroMedica will take the following actions if a Reseller fails to comply with the Policy:

First Violation: Warning only.

Second Violation: Written notice and a 30-day shipping hold.  We will revoke our acceptance of any pending orders, cancel any pending shipments to you, and not accept any new orders from you during this 30-day period.

Third Violation: Termination of business relationship and revocation of “authorized” status.  We will revoke our acceptance of any pending orders and cancel any pending shipments to you.  You will no longer be an “authorized” Reseller of our products.

EuroMedica reserves the right to not provide prior notice before taking action under this Policy.


POLICY MODIFICATIONS

EuroMedica reserves the right at any time to modify, suspend, or discontinue this MAP Policy, in whole or in part, or to designate periods during which the terms of the Policy change or are not applicable. No EuroMedica employee or agent is authorized to modify, interpret, or grant exceptions to this Policy for any Reseller. No person has authorization to modify this Policy or to solicit or obtain agreement of any person to this Policy, and any such modification or agreement is invalid. Any questions about this Policy should be submitted in writing and directed to EuroMedica at map@euromedicausa.com.

 

UNILATERAL ACTION

This Policy does not constitute an agreement between any Reseller or other party and EuroMedica. EuroMedica is not seeking, and will not accept, any agreement or other assurance of compliance from any Reseller or other party to adhere to this MAP Policy. It is entirely within the discretion of the Reseller whether to comply or not comply. This Policy is non-negotiable and will not be modified for any Reseller. The Policy is not intended to control, influence, determine, limit, or affect in any way the actual prices at which Resellers ultimately sell EuroMedica products to its consumers. The Policy is strictly limited to restrictions on advertised prices. Each Reseller remains free to determine its own resale price for EuroMedica products.