Fluidampr Minimum Advertising Pricing Policy 

Horschel Brothers Precision LLC d/b/a Fluidampr (“Fluidampr”) is committed to offering the highest quality product that end-users demand. In an effort to retain brand value and a healthy distribution channel, Fluidampr is unilaterally implementing a Minimum  Advertising Pricing (MAP) policy (“Policy”). This Policy will become effective January 1,  2021, and applies to all distributors and retailers; including but not limited to catalogs,  Internet retailers, auction sellers, auction sites, and e-commerce platforms (collectively,  “Resellers”) who sell Fluidampr product to end-users located in the United States. A  Reseller is also considered to be anyone that uses Fluidampr’s trademarks and intellectual property in connection with the advertisement, offering for sale, or sale of  Fluidampr’s goods, whether such use is with or without Fluidampr’s consent. 

Fluidampr values the efforts and contributions of all Resellers to distribute Fluidampr products and support our mutual customers. This Policy is unilaterally adopted by  Fluidampr for the benefit of all Resellers and will be uniformly enforced. 

Fluidampr may use 3rd party services to administer and enforce this Policy. Violations or  refusal to participate could result in loss of: 

∙ Ability to purchase Fluidampr product. 

∙ Rights to use Fluidampr intellectual properties, including trademarks. 

This Policy applies only to advertised prices; it does not address actual sales prices. 

MAP List 

Fluidampr will, from time to time, publish a Minimum Advertising Price list (“MAP List”),  which may be amended and adjusted by Fluidampr at any time in its sole discretion.  

Each MAP List will identify the effective date, the Fluidampr products, and the minimum advertising price (MAP) for those products. Each advertisement by a Reseller of a  Fluidampr product below the minimum advertised price specified in the current MAP List will be a violation of this Policy. 

Specifically: 

1. Resellers shall not publish a price that is less than the Fluidampr’s minimum advertised price specified in the current MAP List in any media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines,  catalogs, mail order catalogs, e-mail newsletters, e-mail solicitations, e-commerce, Internet or similar electronic media, social media, text messaging,  instant messaging, television, radio, and public signage.  
2. A visible strikeout, deletion, or alteration of any price in any Internet and e-commerce advertising is strictly prohibited. It is a violation of this policy to advertise that a customer may “See price in cart”, “Make offer”, “Bid”, “Instant message me for pricing”, “instant rebate”, or other discount implied terminology and/or tactics to circumvent this Policy. 

This Policy applies only to advertised prices and does not apply to the price at which Fluidampr products are actually sold or offered for sale to an individual purchaser within Resellers’ retail location or over the telephone. Each Reseller is free to independently set its resale prices at its own discretion. This Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s). 

Promotions 

Fluidampr reserves the right to run national promotions of their products through warehouse distributors or independently. Fluidampr encourages Resellers to utilize the national promotions to their advantage while providing a high level of customer service to the end-user.

Fluidampr encourages retail brand awareness and value-added promotions of our products. Any promotional incentives should be applied to future store-wide purchases and designed not to discount Fluidampr product below the minimum advertised price specified in the current MAP List. If promotions do not meet the requirements of this  Policy, they will be in violation, subject to enforcement and penalties.  

Policy Violations 

Policy compliance by all Resellers will be monitored by Fluidampr and/or its agents.  Once a violation is discovered, the Reseller will be notified of the violation. The Reseller will have (2) business days from the date of notification to correct an Internet or e-commerce violation, and (7) business days to correct all other media violations. If a  violation is not corrected within this time period allotted, the Reseller will receive the subsequent violation notification(s) each of which shall count as a separate violation of the Policy. Fluidampr will determine, in its sole discretion, whether any violation has been corrected. 

Consequences of Policy Violations 

A Level 1 violation is any violation of the Policy not otherwise qualifying as a  Level 2 or Level 3 violation. Upon occurrence of a Level 1 violation: 1. Direct accounts will: 

2. Lose the privilege to purchase all Fluidampr product for (15) days. 2. Non-Direct accounts will: 
3. Be added to warehouse distributor Do Not Sell list and lose the privilege to purchase all Fluidampr product for (15) days. 

A Level 2 violation is any violation of the Policy within 90 days of issuance of  Level 1 violation notice.

Upon occurrence of a Level 2 violation: 1. Direct accounts will: 

1. Lose the privilege to purchase all Fluidampr product for (90) days.
2. All rights to use Fluidampr intellectual property for (90) days and will have  (5) business days to remove them off their website and e-commerce channels. 
3. Non-Direct accounts will: 
4. Be added to warehouse distributor Do Not Sell list and lose the privilege to purchase all Fluidampr product for (90) days. 
5. All rights to use Fluidampr intellectual property for (90) days and will have  (5) business days to remove them off their website and e-commerce channels. 

A Level 3 violation is any violation of the Policy within 180 days of Level 2  violation notice. Upon occurrence of a Level 3 violation: 

1. Direct accounts: 
2. Immediate action must be taken to remove all Fluidampr product from all sales channels. 
3. The following will be revoked immediately and remain in effect indefinitely, or no less than three years upon review.

1. All Fluidampr intellectual property rights. 
2. Privilege to purchase any and all Fluidampr product. 
3. Non-Direct accounts will: 
4. Be added to warehouse distributor Do Not Sell list indefinitely, or no less than three years upon review. 
5. All Fluidampr intellectual property rights are immediately revoked indefinitely, or no less than three years upon review. 

Fluidampr will not accept product returns or stock exchanges from a Reseller that (i) has been notified of a violation that remains uncorrected, or (ii) is not eligible to purchase  Fluidampr products due to a Level 1, Level 2, or Level 3 violation.

Resellers are responsible for adhering to the Do No Sell list. If a Reseller is determined to be selling to another Reseller under violation of this Policy and on the Do Not Sell List,  such primary Reseller will be notified and placed on Level 2 violation.  

Notwithstanding the above, based on the sole discretion of Fluidampr and/or its authorized agent, a Reseller who demonstrates multiple Level 1 violations of this policy may be subject to a permanent prohibition from purchasing Fluidampr and the Reseller’s rights to use Fluidampr intellectual property will be forfeited. 

Contact 

Fluidampr and/or assigned agent shall determine violations of this Policy at its sole discretion. Only Fluidampr’s designated Policy administrator and/or assigned agent are authorized to communicate Policy updates, changes, or decisions. No other Fluidampr representative or agent is authorized to confirm compliance with, discuss, or amend the  Policy. Fluidampr does not entertain complaints from its Resellers regarding another  Reseller’s advertising or pricing practices. 

For inquires contact in writing: 

MAP Policy Administrator 

Fluidampr 

180 Zoar Valley Rd. 

Springville, NY 14141 

The foregoing is a statement of Fluidampr’s unilateral policy and expresses the terms upon which we will deal with all Resellers. This Policy applies equally to all  Resellers. This Policy may be modified by Fluidampr from time to time. Fluidampr does not seek, nor will it accept, any agreement or understanding with respect to the prices any Reseller may advertise or charge at any time. 

PLEASE REVIEW THIS DOCUMENT CAREFULLY AND COMMUNICATE IT TO  ALL INDIVIDUALS AND ENTITIES WITHIN YOUR ORGANIZATION AND ALL 

RESELLERS WITH WHICH YOU CONDUCT BUSINESS. THIS POLICY  GOVERNS CONDITIONS OF SALE FOR ALL FUTURE ORDERS. 

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