Minimum Advertised Pricing and Internet Advertising Policy
Lakeland Industries and its subsidiaries, including Pacific Helmets, (together “LAKELAND”) have unilaterally adopted the following Minimum Advertised Pricing and Internet Advertising Policy (‘‘Policy‘‘), which is applicable to buyers of LAKELAND products or services (‘‘Buyer‘‘) with respect to Buyer’s advertising and sale of such products and services.
Definitions:
“LAKELAND Products” means any product or service supplied by Lakeland Industries or its subsidiaries;
“Net Price” means the stated price less all discounts, premiums, trade-ins, coupons, allowances and free goods or services offered with the Lakeland Products;
“Minimum Price” or “MAP” means the amount established by Lakeland and provided to Buyer from time to time by e-mail or any other means;
“LAKELAND Mark” means the Lakeland trademark and all other trademarks, service marks, trade names or other proprietary designations used in connection with the Lakeland Products;
“LAKELAND Product Number” means any stock-keeping unit (SKU) number or Lakeland catalog number for Lakeland Products and any other number used by Lakeland to identify Lakeland Products.
Minimum Advertised Price: Each Buyer may establish its own resale prices for LAKELAND Products, provided, the Buyer may not at any time: (a) advertise or otherwise promote LAKELAND Products at a Net Price less than the Minimum Advertised Price (MAP); or (b) sell LAKELAND Products to any other person or entity who advertises or otherwise promotes LAKELAND Products at a Net Price less than the MAP (whether or not Buyer is aware that the other person or entity intends to advertise or otherwise promote LAKELAND Products below the MAP).
Internet Sales and Advertising: Each Buyer remains free to advertise its own products and services. Additionally, the Buyer may advertise and sell LAKELAND Products through the Buyer’s own proprietary internet store residing on a URL owned by the Buyer. By way of example only, but not in limitation, “Buyer ABC Company” may sell LAKELAND Products, in addition to its other products and services, on its proprietary online store residing at www.abc- company.com.
Unless Buyer is a participant in LAKELAND’s Amazon Re-Seller Program, no Buyer may advertise or sell LAKELAND Products on any other websites, including without limitation on Amazon, eBay, Lowes, Home Depot, Walmart, or any other third party/non-buyer-owned website. Furthermore, a Buyer may not at any time: (a) advertise or otherwise promote LAKELAND Products using any LAKELAND Mark or LAKELAND Product Number on any Google,Bing or other search engine website in any manner, including without limitation, by purchasing Google AdWords or any equivalent Bing advertising service; or (b) sell LAKELAND Products to any other person or entity who advertises or otherwise promotes or advertises LAKELAND Products using any LAKELAND Mark or LAKELAND Product Number on any Google, Bing or other search engine web site in any manner, including without limitation, by purchasing Google AdWords or any equivalent Bing advertising service (whether or not Buyer is aware that the other person or entity intends to advertise or otherwise promote LAKELAND Products using any LAKELAND Mark or LAKELAND Product Number on any Google or Bing web site).
Compliance: LAKELAND will apply the following rules in determining compliance with this Policy:
Where a ‘‘coupon,’’ rebate or a discount for use with LAKELAND Products is advertised, the value of the coupon or that discount will be subtracted from the listed advertised price to determine the Net Price.
Where an offer of ‘‘free shipping’’ or reduced shipping costs applicable to LAKELAND Products is advertised, the value of such an offer of reduced shipping costs will not be subtracted from the listed advertised price to determine the Net Price.
If the MAP price is crossed out, the customer is asked ‘‘to call for price,’’ or any other means is used to indicate that the actual price may be less than the MAP price, such practices are considered advertising or promotion within the meaning of this Policy.
If Buyer violates this Policy, LAKELAND reserves the right to require Buyer to refrain from advertising LAKELAND Products and to cease advertising or selling LAKELAND Products through any Internet website for a period of six (6) months, and Buyer agrees without reservation to comply with such requirement. Furthermore, any violation of this Policy will result in the automatic and immediate termination without notice of the license granted under the LAKELAND Website Terms of Use-to-Use technical specifications, product literature, and any other materials relating to LAKELAND Products that are contained in or made available on the LAKELAND, Eagle FR or Pacific Helmets website.
Buyer acknowledges and agrees that LAKELAND is under no obligation to sell LAKELAND Products to Buyer. LAKELAND may refuse to accept orders from Buyer if: (a) Buyer violates this Policy more than once in any twelve-month period; (b) LAKELAND determines that Buyer has flagrantly violated this Policy; or (c) for any other lawful reason.
LAKELAND will act unilaterally when executing this Policy and will neither solicit, consider, nor agree to any recommendation, request, or demand of any other person or entity. All matters of interpretation and application of the terms of this Policy will be at LAKELAND’s sole discretion.
Each Buyer is free to decide independently whether or not to follow this Policy. LAKELAND neither seeks nor will it accept any assurance of compliance or agreement from Buyer regarding this Policy. Nor will LAKELAND discuss any conditions of acceptance related to this Policy. No one other than an officer or director of LAKELAND is, has been, or will be authorized to modify or alter this Policy or to bind LAKELAND to any action inconsistent with its terms. In particular, and without limitation, LAKELAND sales personnel and agents are not authorized to modify or grant exceptions to this Policy. LAKELAND reserves the right to modify this Policy from time to time without advance notice. This Policy is void in any nation, state, or province where prohibited by U.S. or local law.