wenger_internet_policy

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TRG Group-Wenger and Swiss Gear
Internet Dealer Pricing Policy
EFFECTIVE APRIL1, 2013
In order to create an orderly market for TRG ACCESSORIES (doing business as TRG
Group)(“TRG”) distributed product we are instituting this Internet Dealer Pricing Policy (“Policy”).
The purpose of this policy is to protect the Wenger and Swiss Gear (“Wenger”, “Swiss Gear”)
brands and assist our authorized retail partners with promoting and selling our product at
reasonable retail margins. TRG will periodically supply and update the acceptable pricing on
products covered by this policy to coincide with official price changes or product introductions.
This Internet Dealer Pricing Policy applies to any advertisement, promotion or sale of all
products listed. Any products not listed on the latest version of the Policy price list are
considered not part of the policy. This Policy applies to all product listed whether purchased
directly from TRG or from any other source including distributors or “grey market” sources.
While every retailer is free to set their own resale pricing, TRG is also free to conduct business
only with retail partners who comply with this Policy.
Advertising or promotion, for the purposes of this Policy, shall be any presentation, offer, or
solicitation for purposes of sale of Wenger and Swiss Gear product listed in the Policy price list
(attached “Exhibit A”) by the reseller including, without limitation, their on-line store including
shopping cart and checkout web pages. This shall include, but is not limited to, price lists,
newspaper and magazine advertisements, catalogs, flyers or other direct mail, signs, billboards,
banners on the exterior of the physical place of business to include any parking lot or parking
structure. These advertising and promotion standards also apply to any off premise events
(shows, conventions, auctions, flea markets, user groups, etc.) at or in which the reseller
participates for the purpose of selling Wenger and/or Swiss Gear products. It is also understood
that this policy covers any and all forms of electronic advertising to include radio, TV, facsimiles,
Internet (including online auctions, user groups, flea markets, etc.) and websites.
Consumer programs, when offered by TRG/Wenger and/or Swiss Gear, must be shown in
advertising as a separate line item with a consumer total or net price.
Example: MAXXUM 16” Computer Backpack Suggested Retail Price $79.99
Less Wenger and/or Swiss Gear Discount/ Rebate: $10.00
Price after Discount/ Rebate: $69.99
The net advertised price can only be shown when both the Policy pricing and rebate are
clearly shown.
Store-wide or category-wide promotions such as “All Bags on Sale” or “Entire Business Gear
line on Sale” are acceptable as long as Wenger and Swiss Gear products are not pictured or
listed and resultant pricing is compliant with this Policy. A brand heading that states, “10% off all
Wenger and/ or Swiss Gear” will not be compliant if the final advertised price for any product is
not compliant with this Policy. Advertising or promotions including Wenger and/or Swiss Gear
brand products which contains text, terms, or phrases implying that the reseller is offering
Wenger and/or Swiss Gear brand products below the Policy price is in violation of this Policy.
Product that that contains multiple components may not be sold separately but must be sold in
the configuration as originally distributed by TRG. All product contained on the Policy Price List
are covered by this Policy and all products must be solely acquired from TRG GROUP, 2047
Westport Center Drive, St. Louis, Missouri 63146 or its Authorized Distributor(s).
The following are NOT a violation:
1) FREE Shipping
2) FREE Financing
3) Value add not to exceed 10% of business gear price (example: If a bag is $100.00 the value
added free items cannot exceed $10.00)
5) Refurbished or Used product as long as it is clearly stated in the product description that it is
refurbished or used.
These ARE a violation:
1) “All Wenger and/or Swiss Gear products on sale” (example: 10% off all Wenger bags)
2) Gift card with purchase when gift card can be used on same day as the original transaction.
The gift card cannot exceed 10% of the value of the product sold.
3) Any internet auctions which accept bids, excluding “buy it now” non-auction sales, are
considered a violation
If TRG determines, to its sole satisfaction, that the reseller has advertised, promoted or sold a
product at a price below the Minimum Advertised Price set forth in the then-current Policy Price
list, or otherwise violates this Policy, TRG will exercise the following consequences:
Violation
1st Violation
2nd Violation
Any violation,
regardless of
product, within 12
months of the initial
violation will be
considered a 2nd
violation.
3rd Violation
Any violation,
regardless of
product, within 12
months of the initial
violation will be
considered a 3rd
violation.
Orders
TRG will cancel all
orders for customer
in violation of policy
and will not accept
any new orders for
60 days from the
date of the violation.
TRG will cancel all
orders for customer
in violation of policy
and will not accept
any new orders for 6
months from the
date of the violation.
Funding
Customer forfeits all
promotional and/ or
advertising
funds,
etc. associated with
the
product
in
violation
for
60
days.
Customer forfeits all
promotional and/or
advertising
funds,
etc. associated with
the
product
in
violation
for
6
months.
TRG will cancel all
orders for customer
in violation of policy
and will not accept
any new orders for
12 months or longer
from the date of the
violation.
Customer forfeits all
promotional and/ or
advertising
funds,
etc. associated with
the
product
in
violation.
Response Delay
Pricing violating the
Policy for 7 days
after
the
initial
violation will
be
considered a 2nd
violation.
Pricing violating the
Policy for 7 days
after
the
initial
violation will
be
considered a 3rd
violation.
TRG may amend, terminate or void this Policy with or without cause on thirty (30) days prior
written notice. TRG may change prices and/or products on applicable product at any time
without notice.
TRG does not ask for, nor will it accept, an assurance of compliance or agreement from a
reseller regarding this Policy. Moreover, TRG will not discuss any conditions of acceptance
related to this Policy. Nothing in this Policy (or in any agreement between reseller and TRG) is
intended to be, nor should it be construed to be, an agreement between TRG and any reseller
as to the minimum prices or advertised prices at which the reseller shall resell or advertise TRG
product.
Any questions regarding this policy must be addressed in writing to TRG at the address
below:
TRG GROUP
2047 Westport Center Drive
St. Louis, MO 63146
Attn: Internet Pricing Policy Administrator
No TRG representative or employee other than the Policy Administrator has
authority to modify or alter this Policy. Any comments to the contrary by a TRG/Wenger
or Swiss Gear Sales Representative are unauthorized and hereby expressly disclaimed
by TRG.
Exhibit A
POLICY PRICE LIST
SRP: SUGGESTED RETAIL PRICE
MAP: MINIMUM ADVERTISED PRICE
Backpack
27303130
27305140
27306060
27316060
MAXXUM 16" Computer Backpack
SYNERGY 16" Computer Backpack
PEGASUS 17" Computer Backpack
IBEX 17" Computer Backpack
$
$
$
$
79.99
89.99
99.99
99.99
Wheeled
27011140
67953020
67966020
GRANADA 17" Wheeled Computer Case
PATRIOT Rolling 2-Piece Business Set
POTOMAC Rollling 2-Piece Business Set
$ 109.99
$ 149.99
$ 139.99
$ 99.99
$ 134.99
$ 125.99
Slimcase/Brief
27465020
27467140
27500010
27501060
67444140
67615020
67616020
67617020
SHERPA 16" Slimcase
SHERPA 17" Double Slimcase
SHERPA 16" Computer Slimcase
SHERPA 17.3" Computer Slimcase
LEGACY 17" Slimcase
LEGACY 10.2" Ultra Computer Slimcase
LEGACY 14.1" Ultra Computer Slimcase
LEGACY 16" Ultra Computer Slimcase
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
49.99
49.99
34.99
44.99
59.99
39.99
49.99
59.99
$
$
$
$
69.99
79.99
89.99
89.99
44.99
44.99
29.99
39.99
54.99
34.99
44.99
54.99
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