UClear

Notice: Effective 08/01/2021 UCLEAR is switching from an MSRP Minimum Advertised Price (MAP)
policy to a “stated MAP pricing” policy. Advertising pricing which is discounted from MSRP is now
allowed, however advertised prices must be at or above the minimum price stated by UCLEAR.
Other advertising requirements also apply and are enforced.

 

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BITwave PTE, LTD. DBA: UCLEAR Digital, has adopted specific advertising and retail policies in order to:

• Promote fair market practices between retailers, selling platforms, and territorial borders;

• Sustain healthy business between UCLEAR, its key distribution partners and authorized resellers;

• Preserve the brand value of UCLEAR products with dealers / resellers, and consumers;

• Bolster UCLEAR’s ability to consistently track and enforce its retail MAP advertising policies.

• Assist online consumers to identify authorized retailers from “grey market” retailers, and better
identify legitimate new UCLEAR products from possible counterfeit or misrepresented product.

MAP advertising policies protect manufacturers, dealers, and consumers. UCLEAR is seeking long-term equitable relationships with distributors and resellers with whom we can cooperate. Failure or refusal to follow the spirit and intent of this policy by a UCLEAR retail dealer or wholesale distributor, which harms UCLEAR and other dealers/distributors, cannot be tolerated. Golden Rule: When in doubt, please follow the spirit and intent of these guidelines and/or contact UCLEAR for clarification.

 

i. ADVERTISING POLICIES- ALL SELLERS (USA & Canada):

1. All current product, as determined by UCLEAR, must be advertised at or above the stated MAP pricing, as determined and published by UCLEAR in EXHIBIT A.

2. Non-current / Discontinued product may be advertised at pricing determined by each dealer, starting the 1st day AFTER the product expires from the “current product list”. A listing of product which is non-current / discontinued can be found in EXHIBIT B.

3. ONLINE & AMAZON: As of 11/01/2019 dealers may advertise all UCLEAR products in-store and online, including 3rd party websites and marketplaces, with the exception of AMAZON.COM, or any of its affiliates such as AMAZON.CA or AMAZON.MX.

Dealers who are not authorized in writing to advertise UCLEAR products on AMAZON sites must remove their UCLEAR product advertising, or risk interruption of UCLEAR product purchasing authorization through our distributors.

Minimum initial “buy-in” and other qualifying requirements may apply, and authorized retailers must have a current distribution account with WPS, INC (USA sellers) or KIMPEX, INC (Canada sellers). No sub-distribution of UCLEAR to other sellers, or to Amazon/eBay etc, is permitted.

4. For the purposes of this policy statement “Advertising / Marketing” means any advertising through any media designed for public viewing outside of a dealer’s physical retail location(s). This policy is intended to apply to advertising, marketing, and advertised prices, and is not intended to restrict dealers’ ability to set their own final pricing or margins.

5. Dealers may not advertise in any medium (visible outside their physical retail location premises) any rebate, discount, or other similar incentive in which current UCLEAR product product(s) appear to be offered at a price below published MAP price(s). Additionally, advertising tactics such as “call for price”, “click for price”, “submit best offer”, “add to cart for price”, etc are not permitted under this policy.

Exception: When a special printed free item program is offered to dealers from UCLEAR distribution partners WPS, Inc or KIMPEX, Inc the dealer may reflect that special in their retail advertising. For example, if UCLEAR is offering a “Buy an AMP GO2, get a free pair of ½ Helmet Earbuds” program to dealers, the dealer may pass this special on to the retail public.

6. Dealers may display “sale prices” below stated MAP if only visible within their physical retail stores, and only visible from the store location physical premises.

7. Booth expo’s, trade shows, events, such as Sturgis, Hay Days, Vegas Bike Week, Snow Shows, etc. Pricing signage, flyers, etc within the event location or premises must follow the MAP pricing. This exception applies to any discount advertising; it does not limit a dealer from setting the final price at which UCLEAR items are sold within their booth, nor does it prohibit any type of bundle pricing, free items, etc that might be offered at the booth.

8. It is NOT a violation of this policy to advertise a customer loyalty/rewards program or coupons which provide non-transferrable general store-use credit against future store purchases, provided that UCLEAR current product is only advertised at or above published MAP prices.

9. Website listings must clearly display the UCLEAR product title exactly as it is provided by UCLEAR or by your distributor price list. If it does not fit in the listing header, it must be included intact within the main listing body. All website listings must display the associated manufacturer part number (MPN) within the listing title or main listing body. This consistency aids both with consumer product searches as well as with MAP enforcement. See EXHIBITS A and B for reference.

10. Retail dealers may acquire UCLEAR products solely for resale to end-user consumers from dealer’s own marketplace accounts, websites or retail locations. Resale to other dealers or distributors is grounds for suspension from the brand, unless prior permission is given in writing from the UCLEAR Brand Sales Manager or UCLEAR CEO.

11. It is the dealer’s responsibility to obtain, follow, and clarify as needed the UCLEAR advertising policy and pricing sheets before advertising UCLEAR products.

12. If a dealer finds violations being committed by another dealer, it does not constitute “nonenforcement” by UCLEAR, nor permission to also violate this policy. UCLEAR is continuously working to identify and enforce violations, and UCLEAR encourages dealers to share links, locations or information about violators to assist in corrective actions.

13. Used & Seller Refurbished: It is not a violation of this policy to advertise used or seller refurbished UCLEAR product priced at less than published MAP. Dealers must clearly display the words “USED” or “SELLER REBURBISHED” in listing titles, price tags, etc. so as not to give the impression of a brand new item being sold under MAP. Nor may the impression be given that an item is refurbished by UCLEAR/manufacturer. “Seller Refurbished” means the item is pre-owned, but dealer has checked the item for proper function and completeness of packaging and accessories.

14. NOTICE: Serial number tracking is being implemented to assist in identifying and shutting down violators. Violations hidden behind aliases or dealers who sell to Amazon Vendor Central, for example, may be tracked.

15. ENFORCEMENT: enforcement of UCLEAR’s map policy is at sole subjective discretion of UCLEAR and may include temporary or indefinite suspensions from purchasing the brand through distributors. UCLEAR will reasonably evaluate enforcement on a case-by-case basis with the goal of fostering a fair and profitable selling environment for all dealers, while seeking consistent enforcement with all dealers. We understand that occasional honest mistakes happen and can be corrected quickly- we can work with that. We also understand there are serial violators of UCLEAR’s and other brands’ policies- we will not work with that.

 

ii. Additional Advertising Policies Specific to E-Commerce/Online
Marketplace/Internet Sellers: (USA & Canada):

16. ONLINE & AMAZON: As of 11/01/2019 dealers may advertise all UCLEAR products in-store and online, including 3rd party websites and marketplaces, with the exception of AMAZON.COM or any of its affiliates such as AMAZON.CA or AMAZON.MX.

Dealers who are not authorized in writing to advertise UCLEAR products on AMAZON sites must remove their UCLEAR product advertising, or risk interruption of UCLEAR product purchasing authorization through our distributors.

AMAZON SELLERS: A limited number of AUTHORIZED AMAZON RESELLERS who have been approved by signed agreement with UCLEAR are authorized to advertise any UCLEAR product onAMAZON websites.

*Dealers wishing to apply for AUTHORIZED AMAZON RESELLER status are required to fill and  submit the initial application, EXHIBIT C. Acceptance is not automatic and only a limited number of dealers will be authorized simultaneously. Applicants will not be authorized to advertise UCLEAR products on AMAZON websites until they have received written confirmation from the UCLEAR Brand Sales Manager or from the UCLEAR CEO.

17. Website listings must clearly display the UCLEAR product title exactly as it is provided by UCLEAR or by your distributor. If it does not fit in the listing header, it must be included intact within the main listing body. All website listings must display the associated manufacturer part number (MPN) within the listing title or main listing body. This consistency aids both with consumer product searches as well as with MAP enforcement. See EXHIBITS A and B for reference.

18. Border & Territory Protection: UCLEAR dealers are permitted to advertise UCLEAR products only on websites based in their own country or its territories, however they are permitted to ship product from their own country to customers anywhere. Exceptions may be granted in writing by contacting UCLEAR.

Example: an AUTHORIZED AMAZON RESELLER from Canada may advertise only on www.amazon.ca, but may ship to customers anywhere. They may not advertise on
www.amazon.com (USA), www.amazon.mx (Mexico), or any other website based outside Canada or its territories.

19. Tactics such as “call for price”, “click for price”, “submit best offer”, “add to cart for price”, etc are not permitted under this policy. Minimum bids on auction sites must start with a minimum bid of MAP price on current products (does not apply to non-current, used or seller refurbished).

20. Multiple or hidden user names, aliases or accounts: If a dealer is found in violation of this policy under any user name, alias or account, it may be considered a violation under all the dealer’s user names, aliases and accounts.

UCLEAR BRAND SALES MANAGER, DAVID M. KUCK

 

 

EXHIBIT C

Application for AUTHORIZED AMAZON RESELLER status
Pre-Application Notes
• A limited number of AUTHORIZED AMAZON RESELLERS will be approved simultaneously.
This ensures a significant share of UCLEAR sales volume on Amazon for authorized
resellers while providing simplified MAP enforcement for UCLEAR. Applicants which are
not initially approved will be the first contacted for discussion when openings arise or
when the program is expanded.
• A specialized “buy-in” program, which includes a minimum initial purchase and a
specialized dealer discount program, will be disclosed and discussed once UCLEAR has
received your completed EXHIBIT C application.
• Transferring or selling UCLEAR product to AMAZON’s ownership for any reason will
result in termination of your authorized status and notice of such being shared with
UCLEAR wholesale distributors. Contact your distributor and/or UCLEAR for options
before selling or transferring any UCLEAR product to AMAZON.
• AUTHORIZED AMAZON RESELLERS are required to continuously disclose all websites, user
names, and aliases used in conjunction with advertising UCLEAR products.
• Note about EXHIBIT C required signatures: By signing, Applicant is indicating that he or
she has read and understands UCLEAR’s unilateral MAP advertising guidelines and that
your application is complete and accurate. UCLEAR’s signature indicates its current
acceptance of Applicant as an AUTHORIZED AMAZON RESELLER. This does not constitute
a bilateral contract between the two parties, nor a guarantee of Applicant’s Authorized
AMAZON Reseller status for any defined period of time.
• UCLEAR reserves the right to revoke Authorized Amazon Reseller status with or without
cause by violation of the MAP policy. If status is suspended or revoked for repeated MAP
violations, the revocation will be immediate, and the Reseller will no longer be able to
purchase the brand. If status is revoked for reasons other than MAP violations, the
Authorized Reseller will be given a minimum of 60-day notice and may be able to
continue to purchase the brand for marketing on other platforms.
• APPLICATION: Please fill and return the Exhibit C application to the UCLEAR Brand Sales
Manager, David M. Kuck. david@ucleardigital.com Once reviewed, you will be contacted
to discuss the application before it is approved, signed, or returned to you.

EXHIBIT C

Application for AUTHORIZED AMAZON RESELLER status
Company/Entity Name:
DBA(s):
Owner, President or CEO Name, Phone, Email:
Secondary Contact Name, Phone Email, Title:
Business Mailing Address:

 

Business Physical Address, if different:

 

List of ALL websites and ALL user names/aliases where you transact online business:
List ALL dealer account numbers with your distribution partner (WPS or Kimpex):
Do you plan to sell UCLEAR products in a traditional retail store location(s) in addition to
selling online?
_____________________________________________________________________________
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Do you offer customer support service for inquiries and returns? Please describe:
Email, phone, URL for your customer support:
After accepting customer returns, do you have a process in place to assure items are in asnew condition before re-selling them again as “new”?
List any other comments, questions or disclosures to help solidify mutual understanding:
______________________________________________________________________________________
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Have you read, and do you fully understand, the attached UCLEAR MAP & Advertising Policy,
including sections i and ii, items 1-20, and all exhibits?
X
Signature of owner or authorized company officer (Dealer/Reseller):
Date:
X
Signatory printed name (Dealer/Reseller):

 

X
Acceptance by UCLEAR CEO or UCLEAR Brand Sales Manager:
Date:
X
UCLEAR signatory printed name:

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