POLICY COVERAGE

This MAP Policy applies to the brands We-Vibe, Womanizer and Arcwave and to all authorized distributors, including the Distributor, all permitted retailers (including the Retailer), and all authorized party consultant companies who advertise WOW Tech Products for sale in the Territory (“Authorized Sellers”). WT respects the independence of its Authorized Sellers, who are free to establish their own selling prices for the Products. But WT, as an independent business, chooses to protect its reputation and market position by adopting this MAP Policy. WT will take action as described in this MAP Policy regarding any Authorized Seller that advertises WT Products at prices below those specified in this MAP Policy. This MAP Policy is non-negotiable and will not be altered for any Authorized Seller. The MAP Policy applies only to minimum advertised prices and does not apply to the price at which the Products are actually sold.

MINIMUM ADVERTISED PRICE

The minimum advertised price for WT Products can be found in the Guidelines section at Medialibrary.wowtech.com. The Products and MAP Policy may be changed from time to time in WT’s sole discretion. WT may inform Authorized Sellers of MAP Policy updates or actions, but Authorized Sellers are responsible for remaining current with the minimum advertised prices in force.

MAP POLICY VIOLATIONS

Each advertisement of a Product at a price below the minimum advertised price specified for that product will be a violation of this MAP Policy. Advertising that in any way suggests that the Authorized Seller is advertising a WT Product at prices below a product’s MAP price is not permitted, even if no specific price is mentioned. Examples of such violations include “prices too low to mention,” “our manufacturer won’t let us tell you the price,” “never lost a sale due to price,” “click for price,” “mouse over for price,” “move to cart for price,” a price strike-through (example: $339.00), or keywords associated with discounting (e.g., “discount,” “cheap,” or “price”). Advertising a storewide sale is not a violation of this MAP Policy, as long as the advertisement prominently and expressly excludes WT Products. Font size of this exclusion must be a minimum of 50% of the storewide sale promotional message on the advertisement or website landing page and must be immediately adjacent to or immediately follow the promotional message on the advertisement or landing page. This MAP Policy applies to all advertising, regardless of the medium or media used, including flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, public signage, television, radio, retailer websites, email newsletters, email solicitations, AdWords, and Internet search engines (including use of keywords) or similar electronic media.

CONSEQUENCES

WT is solely responsible for determining whether an Authorized Seller has complied with this MAP Policy and for setting consequences if an Authorized Seller does not comply. Consequences for the Authorized Seller include, but are not limited to:

• First Incident: Authorized Seller will be notified that it is in violation of this MAP Policy and will be required to correct the violation. If Authorized Seller does so immediately, no further action is required.
• Second Incident: Authorized Seller will be listed on a “Do Not Sell” list for 30 days, and will not be supplied with the Products during that time.
• Third Incident: Authorized Seller will be listed on a “Do Not Sell” list for 60 days, and will not be supplied with the Products during that time.
• Fourth Incident: Authorized Seller will be listed on a “Do Not Sell” list indefinitely, and will not be supplied with the Products.

WT reserves the right to accelerate or enhance any consequences as WT in its sole judgment determines appropriate (including the right to terminate all direct sales and prohibit all indirect sales to an Authorized Seller).

MAP POLICY MODIFICATIONS

WT reserves the right at any time to modify, suspend, or discontinue the MAP Policy, in whole or in part, or designate promotional periods during which the terms of the MAP Policy change or designate periods of time during which the MAP Policy is not applicable. Authorized Sellers are responsible for remaining current with the MAP Policy in the Guidelines section of Medialibrary.wowtech.com.

WOW Tech Group Marketplace Restriction Policy

Dear Partner,

This is a kind reminder to the marketplace restrictions as provided under the agreement on which basis you order our products.

While resellers may sell Womanizer, We-Vibe, Arcwave, ROMP and pjur products from their brick-and-mortar stores as well as from their own webstores, it is prohibited to sell products via certain other channels as further defined in the agreement. Such channels include, but are not limited to, third-party online sales sites and trading platforms such as Amazon, eBay, Jet, Walmart.

WOW Tech Group greatly values its retail partners and is grateful for your adherence to the above-mentioned principles.

If you have any questions, please contact Legal Department at: [email protected]

Sincerely,

Legal Department

WOW Tech Group

MARKETING, WEBSITE AND TRADEMARK GUIDELINES

TRADEMARKS

Retailer agrees that WOW Tech is the exclusive owner of the WOW Tech Trademarks and the rights granted to Retailer to use WOW Tech Trademarks apply only to their use in connection with the advertising, marketing and sale of WOW Tech Products to End Users and not in any other manner.

Retailer agrees that it will not:

a) make any false, misleading or disparaging representations about or engage in any activities which may adversely affect the reputation and goodwill of WOW Tech or WOW Tech Products;

b) engage in any illegal, deceptive, unfair or unethical trade practices with respect to WOW Tech Products;

c) attempt to claim trademark rights in any WOW Tech Mark by using or registering a WOW Tech Mark as part of a product or service name, trademark, logo, domain name, trade name, or "doing business as" name;

d) use or register any domain names or social media profiles containing names that consist of, as a whole or in part, or that are confusingly similar to any WOW Tech Trademarks including any WOW Tech brands or product names, without WOW Tech’s prior written consent. If WOW Tech provides such consent, such domain names shall be owned by and recorded in the name of WOW Tech and WOW Tech will direct it to the Retailer’s web site, as the case may be, for their use. WOW Tech reserves the right to revoke or rescind Retailer’s use of such domain name upon one (1) months’ notice;

e) use WOW Tech Marks as all or part of a product name in or on any product or packaging.

Retailer agrees that it will:

a) only make truthful, factual references to WOW Tech Products and the specifications provided by WOW Tech;

b) always use WOW Tech Marks consistently and distinctively, distinguishing WOW Tech Marks from other words in the text in some way. Do not abbreviate trademarks or use only a portion of a mark.

WOW Tech Marks include all marks shown on WOW Tech Packaging and Websites (i.e. we-vibe.com and womanizer.com). Examples of WOW Tech Marks include:

We-Vibe Sync Unite
Womanizer Pleasure Air Match
If clarification about a specific WOW Tech Mark or use is required, please contact [email protected]

WEBSITE AND SEARCH ENGINE RULES

Retailer agrees that:

a) it will not use the words “official site” or words to similar effect in connection with any use of WOW Tech Marks, or otherwise suggest or imply that Retailer is an official WOW Tech site or partner;

b) all advertisements and other marketing materials for WOW Tech Product must be directed to Retailer’s site on a page within their site for the purpose of selling WOW Tech product;

c) it will not show or display WOW Tech or any of its Affiliate’s website URLs as the URL in Retailer’s advertisements or other marketing materials;

d) it will not bid directly on WOW Tech Marks or Mark + term (i.e. We-Vibe Amazon) without permission from WOW Tech. If granted, this permission can be cancelled at any time; and

e) its landing pages connected to promotion of WOW Tech Products will be primarily dedicated to selling (or clearly facilitating the sale of) WOW Tech Products and clearly provide a means to purchase the WOW Tech Products or display commercial information about them, such as rates or prices.

DISPLAYS AND MERCHANDISING RULES

Retailers will ensure that:

a) WOW Tech Product merchandising and display fixtures used in store spaces or websites must reflect the premium positioning of the WOW Tech Trademarks;

b) WOW Tech Products must be on display and visible to customers in-store or website, and not hidden behind counters or behind Competing Products;

c) there must be a dedicated space in-store and/or on the web site for the WOW Tech Marks and full WOW Tech Product line; and

d) displays and merchandising materials provided by WOW Tech must be used to display WOW Tech Products only.

Retailer is not entitled to use copyright protected (photo) materials provided in this partner center for offering or selling WOW tech products on platforms such as Amazon or any other trading platforms, without WOW Tech Group's prior written consent.

WOW TECH LOGOS

The We-Vibe and Womanizer graphic logos are a visual representation of each brand. As a symbol, the We-Vibe or Womanizer logos are the prime vehicle for establishing presence and identity.

a) Use WOW Tech provided artwork for the We-Vibe and Womanizer or other WOW Tech brand logos.

b) Where you choose to use both your own unique company identifier(s) or graphic style along with a WOW Tech brand logo, the two must be separated and presented as two separate and distinct elements.

c) Use the We-Vibe Graphic Standards available in the Guidelines section of the medialibrary.wowtech.com.

d) The marketing department at [email protected] can supply logo graphics in all acceptable formats for the We-Vibe, Womanizer and other logos.