Kinesio Holding Corporation (KHC), a leading manufacturer of premium-quality elastic theraputic tape and accessories, is committed to promoting the enhanced prolonged benefits of treatments for muscle, joint, chronic discomfort and other painful conditions.
A critical component to that success is providing the highest quality information and service. We recognize that our high-quality Accounts invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and company vendor presentations.
To protect the investment of our high-quality Accounts and the Kinesio® brand reputation, we have unilaterally adopted this INTERNET MINIMUM ADVERTISED PRICE POLICY (the “Policy”). KHC has established the Policy recognizing the fact that Accounts’ or resellers’ advertising and sales practices that promote Kinesio® products on the internet primarily on the basis of price could be detrimental to Accounts’ service and support efforts and the Kinesio® brand image and reputation. Such activities could also allow some Accounts or resellers to take advantage of the service and support efforts of others.
Unilateral Internet Minimum Advertised Price Policy
KHC has unilaterally decided that it will not do business with any Account, as to the products covered by this Policy, if that Account advertises on the internet any MAP Product below its MAP price for sale within the United States.
KHC is confident this Policy will strengthen its product offering and benefit all of its Accounts and the end-user.
Moreover, nothing in this Policy is intended to, or does, affect the price at which an Account actually sells a Kinesio® product. Determination of the actual sales price remains solely within the discretion and power of the Account.
Definitions
“Accounts” are KHC customers who purchase Kinesio® products for resale within the United States directly from KHC from the Partner Price List.
“MAP price” is the price KHC displays on its U.S. website by KHC item number which is the minimum allowed by the Kinesio® unilateral MAP Policy to advertise the item for sale on the internet. KHC reserves the right to update or modify this list at any time. To locate the most current information, you can search on www.medela.com by placing “Policy” in the Search field, or use the URL: www.kinesiotaping.com
“MAP Products” are the products KHC lists on its U.S. website which details the item number, item description, and MAP price. KHC reserves the right to update or modify this list at any time
“Internet” is electronic or online means for advertising products and/or transacting sales, including, but not limited to, website, mobile application, auction site or social media.
General Terms
This Policy is effective as of January 1, 2016, with respect to the United the United States only and supersedes any previous Distribution Policy. This Policy does not constitute an agreement. This Policy is unilateral and is subject to change by KHC at any time. KHC does not require any Account to agree to this Policy, and KHC does not solicit, nor will KHC accept, any offer or agreement to comply or provide assurance of compliance with this Policy.
KHC, in its sole discretion, will interpret and apply this Policy as KHC deems appropriate. KHC will not become involved with complaints from Accounts regarding the advertising or other practices of other Accounts. No KHC sales representative, customer service representative or other KHC employee is authorized to accept assurances of compliance with, grant exceptions to, or otherwise interpret this Policy. Nothing in this Policy prevents KHC, in its sole discretion, from ceasing shipments of MAP Products to any Account who conducts business in a manner inconsistent with this Policy, or for any other reason.
KHC recognizes there exist significant costs involved in developing, protecting, advertising and branding our products and educating the consumer about each product’s unique value proposition. As such, we offer our products to authorized partners at a cost/price structure that we believe fosters the profitability necessary to fund the aforementioned activities. Therefore, it is the purpose of this MAP Policy to support our mutually beneficial cost/price structure and to maintain a level playing field for all authorized partners, regardless of size and purchasing power. Similarly, we believe a sound MAP Policy protects the consumer from unauthorized retailers who have no knowledge of the products, provide no support, and in some cases misrepresent product availability.
