MINIMUM ADVERTISED PRICE POLICY

X-Vision Optics gives its resellers the ability to sell and promote X-Vision branded products in both their retail stores and through online channels. To help insure the longterm viability of X-Vision products and to protect the investment of the channel partners that provide valuable partnership to both X-Vision and their customers, X-Vision Optics has adopted a minimum advertised price policy (“MAP Policy”). This policy applies to all our approved dealers and distributors and to any non-approved dealers to whom the approved dealers or distributors sell or otherwise transfer products (collectively, the “Resellers”). This MAP Policy is effective January 1, 2021, and it applies to all current X-Vision Optics products available before the date of this policy and any new products launched thereafter, unless otherwise noted. The MAP pricing will appear on all X-Vision Optics advertised price sheets and individual quotations. Any questions regarding this MAP Policy should be emailed to support@xvisionoptics.com.

1. Resellers may not advertise or otherwise promote the Products using the internet or other media at a net price less than MAP and may not sell the Products to any other person or entity which advertises or otherwise promotes the Products using the internet or other media at a net price less than MAP. This MAP Policy applies to all advertisements of the Products in any and all media, including, but not limited to, the internet (including Social Media, Amazon and other internet marketplaces), flyers, posters, coupons, mailers, newspapers, magazines, catalogs, email solicitations, other electronic media, television and radio.

2. The “net price” shall mean the published or advertised price that the Reseller makes the Products available to its customers, taking into account all discounts, deductions, rebates, allowances, credits, charges, trade-ins, the separate price of products bundled with the Products by the Reseller, coupons, premiums, promotions, free goods and services and gifts offered with the Products.

3. X-Vision Optics may from time to time unilaterally adjust the attached minimum advertised pricing (“MAP”) for the Products at its sole discretion. Updates will include the effective dates, model numbers, and MAP.

4. Exclusions and considerations to this MAP Policy:
– This MAP Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s).
– The use of gift cards obtained through advertised promotions not involving X-Vision products, to purchase X-Vision products does not violate this MAP policy.
– This MAP policy also does not apply during the last two weeks of November in any given year allowing broader promotion flexibility during that period.
– This MAP Policy applies only to advertised prices and not to the actual prices at which the Products are sold. This MAP Policy is not intended to be, nor shall it be construed to be, an agreement as to the minimum prices at which Resellers will sell the Products. Each Reseller must determine at its sole discretion the price at which it sells the Products.

5. Pricing listed on any Internet site is considered an “advertised price” and must adhere to this MAP Policy. Once the pricing is associated with an intent to purchase (added to shopping cart or order), the price becomes the selling price and is not bound by this MAP Policy. Statements such as “add to basket to see price,” “call for price,” or “we will match any price” are acceptable as long as the price advertised is not below the MAP listed for the items on the previous page.

6. If it is determined that a Reseller has violated this MAP Policy regarding the Products, X-Vision Optics will first contact the Reseller and request that pricing is corrected. If the pricing is not adjusted to abide by this MAP Policy, corrective action will be unilaterally imposed. Such corrective action may include, among other things, suspension or termination of the sales of the MAP Policy Products by the violating Reseller. X-Vision Optics may also cancel all orders and refuse to accept any new orders from any Reseller that violates this MAP Policy.

7. Distributors of the Products will supply a copy of this MAP Policy to any new or existing Reseller for their records and/or make this policy available to them via a website location with other Manufacturers’ MAP policies.