ZAGG Inc
Minimum Advertised Pricing (“MAP”) and Distribution Policy
ZAGG Inc (“ZAGG”) values its relationships with its distributors and retailers, and appreciates the efforts of both to distribute ZAGG products to
customers and to provide excellent customer support. This MAP Policy is adopted for the benefit of ZAGG, ZAGG distributors and ZAGG resellers,
and this MAP Policy will be uniformly enforced. The purpose of this MAP Policy is to (1) protect reseller margins so that ZAGG’s distributors and
resellers can provide customers with strong sales support and services, and (2) further enhance the ZAGG brand image and the competiveness of
ZAGG products in the marketplace.
1.
ZAGG will make available to its distributors and resellers a list containing Manufacturer’s Suggested Retail Prices (“MSRP List”). The
MSRP List shall be published on ZAGG’s website at www.zagg.com and will also be provided to distributors and retailers upon request.
ZAGG’s distributors and resellers are responsible for being familiar with this MAP Policy, ZAGG Products and the MSRP Price List. At
any time and in ZAGG’s sole discretion, ZAGG may amend its MSRP List. In addition to a listing of prices, the MSRP List shall identify
the effective date of such prices.
2.
Any advertisements of ZAGG Products identified on the MSRP List for a price lower than one percent (1%) below the MSRP shall be
considered a violation of this MAP Policy. ZAGG Products not specifically identified in the MSRP List are not subject to this MAP
Policy. Notwithstanding the foregoing, discounts applied at checkout based on a customer’s total purchase or purchasing history, such as
discounts for frequent shoppers, do not violate this MAP Policy.
3.
This MAP Policy applies only to advertised prices and not to the prices at which an authorized reseller actually sells ZAGG Products to
customers.
4.
ZAGG may modify or suspend MAP pricing for special pricing promotions or discontinued products.
5.
This MAP Policy does not in any way limit the ability of any retailer or distributor to advertise that they “have the lowest prices” or “will
meet or beat any competitor’s price,” that consumers should “call for a price,” or similar phrases, as long as the price advertised or listed
for the products is not lower than one percent (1%) below the MSRP.
6.
Resellers may not sell ZAGG Products from any Internet website unless otherwise expressly agreed to by ZAGG in writing.
7.
Resellers may not sell ZAGG Products to other resellers. Resellers may only sell ZAGG Products to end users of the ZAGG Products.
8.
ZAGG and its Distributors will monitor and perform routine checks to verify whether resellers are in violation of this MAP Policy.
9.
If an authorized reseller is found to be in violation of this MAP Policy, ZAGG shall impose the following sanctions:



First violation: Reseller will receive notice that it is in violation of ZAGG’s MAP Policy, and shipments of ZAGG Product to Reseller
will be suspended for a period of 30 days;
Second violation: Reseller will receive notice that it is in violation of ZAGG’s MAP Policy, and shipments of ZAGG Product to
Reseller will be suspended for a period of 60 days;
Third Violation: Reseller will receive notice that is in violation of ZAGG’s MAP Policy, and shipments of ZAGG Products will be
suspended indefinitely.
10. This MAP policy is not a contract or agreement, and ZAGG does not seek nor will it solicit or accept any dealer, distributor, or retailer's
agreement with this policy; nor will ZAGG discuss pricing or the pricing of others. This MAP policy is the unilateral policy upon which
ZAGG is willing to market its products. ZAGG sales personnel have no authority to modify or grant exceptions to this MAP Policy. This
MAP Policy may be modified at any time; however, only officers of ZAGG are authorized to modify or grant exceptions to this Policy.
By signing below, the Reseller acknowledges that he/or she has read and is familiar with the terms of this Policy.
Company Name: ______________________
By: _________________________________
Print Name: __________________________
Title: _______________________________
Date: ________________________________