policies.timex.comPlatinum Policy

Policy Agreement MAP List Updates to the Timex Minimum Advertised Policy (MAP) List TIMEX GROUP USA, INC MINIMUM ADVERTISING POLICY This Minimum Advertising Policy (the “Policy”) applies to all TIMEX branded products distributed and sold by Timex Group USA, Inc., or one of its affiliates (hereinafter “Timex”), that are advertised or sold in the United States. Timex believes that its product advertising goals require a commitment from accounts to provide superior service, aggressively promote the brand image of TIMEX and focus on product performance features and benefits. Timex likewise believes that the TIMEX brand and the investment that Timex and its direct customers make in the introduction and marketing of new products are undermined by accounts that engage in unfair advertising practices or advertise TIMEX branded products at significant price discounts. To address these issues, Timex has adopted this Policy. Timex has unilaterally determined that it will sell its products, offer co-op advertising funds, permit the use of the TIMEX trademark and copyrighted images of TIMEX products, and/or participate in offering promotional funds only to those accounts that: Properly represent and promote the quality image of and superior goodwill associated with TIMEX branded products. Do not sell or market TIMEX branded products in any way that disparages or injures Timex, its products, or the TIMEX brand. Do not engage in any form of advertising or advertising practices that violate any federal, state or local laws or ordinances, including without limitation “bait and switch.” Sell Timex branded products only to public end users (i.e. consumers and to the trade). Comply with all other Timex sales and use policies including co-op advertising policies and branding guidelines. Do not use the Internet (including, but not limited to, business-to-consumer and other web sites, auction sites, browsers, portals, and on-line services and service providers) or Print (including, but not limited to, fliers, catalogs, or mailings) to advertise current/carry-forward TIMEX branded products to the general public at a price (i) that is more than thirty-five percent (35%) below the reference retail price for TIMEX branded products included in the Core Product Tier identified on Exhibit A, (ii) that is more than twenty percent (20%) below the reference retail price for TIMEX branded products included are in the Mid Product Tier identified on Exhibit A, or (iii) below the reference retail price for TIMEX branded products included in the Premium Product Tier identified on Exhibit A (such discounted price hereinafter referred to as the “Minimum Advertised Price”), whether such advertising is done through any “dollar off,” “percentage off,” “rebate” or similar sales language. The reference retail price for TIMEX branded products is identified on www.timex.com or through the Seller’s Timex Account Executive or Seller’s B2B access. If a discount or giveaway is advertised to the general public in conjunction with TIMEX branded products, the discount or giveaway value of the product will be considered as a discount off the TIMEX product for the purposes of this Policy. Timex may change the reference retail price for the TIMEX branded products in its sole discretion from time to time upon notice to accounts. The requirements set out in this Section 6 apply to all levels/pages on a website other than the final page associated with an intent to purchase where the end consumer is selecting “place order” or similar decision. Actual prices charged customers may also be provided by telephone or e-mail response. Specifically regarding auction sites, offers made to “buy it now,” or comparable offers, advertising instant purchase at a price below Minimum Advertised Price constitute violations of the Policy. Auction sites advertising sale of TIMEX products to the highest bidder are acceptable under the Policy. This Policy applies only to advertised prices and does not apply to actual resale prices. This Policy does not apply to in-store point of sale advertising or to TIMEX branded products that Timex has identified as off-price, discontinued, or obsolete. The Policy will remain in force for one year from the effective date listed on the first page of this notice and will automatically renew for successive one year periods thereafter unless amended, withdrawn or replaced by Timex which may do so in its sole discretion. Timex will take such actions as are necessary to enforce this Policy including, but not limited to, withholding co-op advertising or promotional funds, restricting the right to use TIMEX trademarks and copyrighted images, and/or terminating Timex’s business relationship. This Policy is a unilateral statement of Timex’s preferences concerning the type of account and type of advertising to which Timex chooses to distribute the TIMEX products subject to this Policy and advertise such TIMEX products to the end consumer. It is not an intent or purpose of this Policy to restrict, coerce, force or reach agreement with a retailer or account to charge a particular price for any Timex product. This policy is not a contract or an offer to form a contract, agreement, or any other form of mutual understanding. Rather, the Policy describes the terms under which Timex may, in its sole discretion, choose to sell, provide co-op or promotional funding, or permit the use of TIMEX trademarks and copyrighted images, to its retailers and accounts. Timex does not ask for, and will not accept, any agreement to comply with this Policy. Timex representatives and employees are strictly prohibited from discussing this Policy or retail pricing practices with any account. Timex representatives and employees are also strictly prohibited from seeking or accepting any assurances of any account’s compliance with this Policy. All inquiries regarding this Policy should be directed in writing to: David Payne, Esq. General Counsel Timex Group USA, Inc. 555 Christian Road Middlebury, CT 06762 Timex does not and will not discuss the business dealings of any retail accounts with any other account. Timex does not seek and will not accept any complaints or comments about the advertising or pricing policies of any other account. Timex reserves the right to change or discontinue this Policy at any time, and no account has the right to rely on the continued existence of this Policy or Timex’s enforcement of this Policy. Timex reserves the right to choose any retail accounts with which it will do business, provide co-op or promotional funds, or permit the use of Timex trademarks and copyright images and reserves the right to accept or reject any purchase order from any account at any time. This Policy supersedes and replaces any other MAP or Minimum Advertising Policies previously provided by Timex Exhibit A Core Product Tier Expedition Digital Expedition Analog Expedition Scout Expedition Rugged Expedition Shock Ironman Classic 30 Ironman Essential 10 Ironman Essential 30 Ironman Rugged 30 Ironman Endure 30 Originals Easy Reader Main Street Weekender Weekender Fairfield Mid Product Tier Expedition Scout Chronograph Ironman Classic 100 Ironman Classic 50 Ironman Classic 50 Move+ Ironman Runx50 Ironman Road Trainer HRM Ironman Target Trainer HRM Ironman Sleek 50 Ironman Sleek 150 Ironman Sleek 250 Ironman Tech Accessories Intelligent Quartz IQ+ - Metropolitan+ Premium Product Tier Waterbury Updated June 1, 2016 View Map Price List Copyright ©1997-2016 Timex Corporation. All rights reserved....