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Adoption and Enforcement of its MAP Policy.
Dr. Bukk, Inc. d/b/a Imako (“Imako”) has unilaterally determined that its interests are best served through the adoption and enforcement of a minimum advertised price (“MAP”) policy. Imako has invested significant resources in product innovation, intellectual property protection, development and marketing to build and maintain its reputation for high quality products and to generate goodwill in all the Imako brands, including but not limited to Imako® and Imako Cosmetic Teeth®. This MAP policy is designed to: (1) help ensure Imako’s product quality, reliability, and safety; (2) support the Imako brands as premium product offerings; and (3) support Imako’s distribution (reseller) channels.
THIS MAP POLICY HAS BEEN UNILATERALLY ADOPTED BY IMAKO AND WILL BE UNILATERALLY ENFORCED BY IMAKO.
This MAP policy is effective October 1, 2014 and supersedes all prior Imako MAP policies.
Intellectual Property Rights.
Imako is the sole owner of all intellectual property rights associated with its products, including but not limited to all patents, copyrights, trademarks, trade names, brands, logos, images, descriptions, and likenesses of its products (“Intellectual Property”). As long as this MAP policy is not violated, Imako furnishes a limited use right of its Intellectual Property to resellers of Imako products. No alterations to Imako’s products or its Intellectual Property will be allowed without prior written consent from Imako. Imako reserves the right to revoke Intellectual Property use privileges at any time for any reason without prior notification or warning.
Compliance with all Advertising Laws.
All advertisements using Imako products must fully comply with all local, state and federal laws on advertising.
MAP Policy Coverage.
This MAP policy applies to all Imako products and to all Imako product resellers in the United States. Although all resellers of Imako products remain free to establish their own resale selling prices, Imako will, without assuming any liability, unilaterally impose sanctions as described in this policy against resellers who advertise applicable Imako products at advertised prices below those specified herein.
Imako will not discuss any conditions of acceptance related to this MAP policy, as it is non-negotiable, and will not be altered for reseller. Imako neither solicits, nor will it accept, any assurance of compliance with this MAP policy. Nothing in this MAP policy or in any other contract or agreement with Imako shall constitute or shall be construed as an agreement between Imako and any of its resellers that they will comply with this MAP policy.
MAP applies only to advertised net minimum prices (net of all discounts of any kind) and does not apply to the price at which Imako products are actually sold, or to advertised prices higher than the minimum resale prices established unilaterally by Imako herein and thereafter, from time to time.
Minimum Advertised Prices.
Imako Minimum Advertised Price (net of all discounts of any kind) is $29.95 per unit.
The products and MAP pricing may be changed from time to time only by Imako in its sole discretion. Imako resellers are responsible for remaining current with Imako’s MAP policy, products and pricing.
Advertising Policy Coverage.
As part of its advertising policy coverage, Imako contributes the (1) cost of all marketing materials such as printed catalogues, merchandising solutions, public relations, traditional and digital media investments, product images, product descriptions, and other advertising available on its website to the resale of Imako products; and (2) a limited use right of its Intellectual Property to support the resale of its products.
MAP Policy Compliance.
Compliance with Imako’s MAP policy shall be determined by Imako in its sole discretion. Imako will not accept any communication from a reseller who has chosen not to comply with this MAP policy regarding the reseller’s willingness to bring its advertised prices into compliance with the MAP policy.
While resellers are free to set their own advertised prices, Imako has unilaterally determined that it will not do business with any reseller who is not in compliance with this MAP policy. In the event a reseller chooses not to follow this MAP policy, Imako has the unilateral right to terminate, and thereby cease doing business with, that reseller without notice. Resellers should not discuss MAP policy compliance or non-compliance with other resellers.
MAP Policy Modifications.
Imako reserves the unilateral right at any time to modify, suspend, or discontinue the MAP policy in whole or in part or designate promotional periods during which the terms of the policy change or designate periods of time during which the policy is not applicable. MAP policy modifications shall be made available on the Imako website, from time to time.
Unilateral Action – No Agreement.
All terms and condition of this MAP policy, and any amendments thereto, have been and will be determined solely by Imako. Imako does not seek agreement from any reseller to comply with this MAP policy. It is entirely within the discretion of the reseller whether to comply or not comply with the terms of this MAP Policy.
IMAKO SALES PERSONNEL HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS MAP POLICY OR TO COMMUNICATE WITH ANY RESELLER REGARDING THE TERMS OF THIS MAP POLICY OR ANY RESELLER NON-COMPLIANCE OF THIS MAP POLICY. ALL QUESTIONS OR COMMENTS REGARDING THIS MAP POLICY ARE TO BE DIRECTED TO NANCY ALBERT.