USA Minimum Advertised Price Policy

1 – Introduction

Staying connected is more important than ever. At Hitron, we are committed to strengthening those connections with faster broadband, better WiFi, and powerful innovation. Our technology is changing the way the world works, plays and connects.  With a growing count of eleven (11) first-to-market launches and more DOCSIS 3.0 24×8 and 32×8 deployments than any other vendor, Hitron has shipped over 40 million DOCSIS units. We offer an extensive and flexible product portfolio. Our products are arduously tested and we are TL-9000 certified. We promise to deliver the technology leadership, product reliability and support that our customers need and expect.

Hitron’s goal in establishing this policy is to avoid degradation of, or damage to, the premium quality and image of its products and to the trademarks, other marks, brands or trade names under which its products are sold. In order to protect Hitron’s reputation for exceptional products and technology, Hitron Technologies Americas, Inc. (“Hitron”) has adopted a Minimum Advertised Price Policy for all its products.

2 – Policy Statement

Hitron, in its sole direction, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower than the MAP.

3 – General Guidelines

• The foregoing is a statement of Hitron’s unilateral policy and expresses the terms upon which Hitron will deal with its distributors, and retail sellers of Hitron Products. Hitron may modify this policy from time to time.
• Hitron has established a Minimum Advertised Price for all products sold by Hitron, including those under other brand names, for which a Minimum Advertised Price is specified on the current Hitron price list. Hitron’s prices as listed by Reseller on any “advertised” publicly displayed venue must be at or above Hitron’s MAP prices.
• Deviation of three percent (3%) of respective SKU indicated MAP price is permissible to accommodate retail pricing.
• The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or online. Hitron will not seek nor enter any agreement or understanding concerning the establishment of its product prices that you may advertise or charge.

4 – Advertising Guidelines

This policy applies to all forms of dealer advertising including mailings, catalogs, displays at consumer exhibitions and shows, and any and all other forms of advertising media, including, without limitation, the Internet and any other electronic network. Any price information relating to Hitron products on an Internet website which can be accessed directly through any hypertext link or by any other method which uses the hypertext transfer protocol (http), including shopping cart pricing, is considered to be advertising for purposes of this policy. Mail in rebates, promotional coupon codes or electronic mail sent in direct response to a customer inquiry shall not be considered advertising.

This policy only concerns advertised prices and does not relate to actual sales prices of any item. Further, this policy applies equally to all Hitron distributors and resellers.

Reseller is responsible for monitoring its pricing integrity and may not employ a web crawl or web-price auto matching functions to automatically drop Product prices due to other external price drops. Resellers may direct competitive price issues to Hitron, or its Distributor and Hitron will manage any channel pricing issues.

5 – Bundling Guidelines

Reseller shall not bundle Hitron products unless Reseller has received prior written approval from Hitron.

6 – Policy Enforcement

The policy is as follows:

It is Hitron’s unilateral policy to allow twenty-four (24) hours to bring advertising into compliance with this policy or sanctions will be imposed by Hitron, including but not limited to one or more of the following actions:

1. Notify the dealer of the non-compliant advertisement with a reminder of Hitron’s MAP Policy;
2. Cancel any pending orders, and suspend the dealer’s right to sell the Hitron product in question for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from Hitron;
3. Cancel any pending orders, and suspend the dealer’s right to sell a category of Hitron’s products for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from Hitron;
4. Cancel any pending orders, and suspend the dealer’s right to sell the entire Hitron product portfolio for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from Hitron;
5. Cancel any pending orders, and suspend the dealer’s right to sell the entire Hitron product portfolio for a period of not less than one (1) year, commencing from the date of notice from Hitron; and/or
6. Terminate the Distributor/Reseller Agreement or other relevant agreement between Hitron and the member of the distribution network who has violated this MAP Policy.

Any free or discounted gift or service promotions related to Hitron’s Products must be pre-approved by Hitron.

The foregoing is a statement of Hitron’s unilateral policy and expresses the terms upon which Hitron will deal with its resellers. Hitron may modify this policy from time to time. Hitron will not seek nor enter any agreement or understanding concerning the establishment of its product prices that you may advertise or charge.

This policy shall not apply in any jurisdiction in which such policies have been deemed by any court or governmental authority to be unenforceable.