The MAP Policy:

Kool Lagoon, in its unilateral discretion, may choose not do business with any Reseller as to the products covered by this MAP Policy if that Reseller advertises below the MAP price.

Guidelines:

Under this MAP Policy, “advertising” includes, without limitation, the following:

• Printed advertisements published in newspapers, magazines, inserts, catalogs or flyers
• Outdoor signs and billboards
• Broadcast advertisements via radio, television, or mobile applications
• E-commerce advertising, including email promotions, paid search results and ad   words, and promotions released to or published on third party websites and mobile applications
• Content promoting Kool Lagoon products on any page of a store website
• Pop-up windows soliciting consumers to “click to see the price”

Advertisements that violate this MAP Policy include, without limitation, the following:

• Any advertisement (as defined above) that promotes Kool Lagoon products below the MAP price
• Advertised discounts that add up to the MAP price when shipping costs are included

(This does not include separate “free shipping” offers as defined below.)

• “Buy one/ get one” promotions and similar promotions that include Kool Lagoon products

This MAP Policy does not prohibit, and does not classify any of the following as forms of advertising:

• In-store signs, banners, hang tags, displays or price tags
• Shopping cart pages on websites and mobile applications
• Price quotes provided in response to a direct consumer inquiry
• Offers for free shipping of Kool Lagoon products
• Loyalty programs associated with store-wide purchases
• Advertising Kool Lagoon products which have been designated by Kool Lagoon as discontinued or obsolete products on the designated Kool Lagoon website

Kool Lagoon will maintain an updated “MAP products” list of those products that fall under this MAP Policy. Kool Lagoon reserves the right to modify this list at any time in its sole and absolute discretion. A current list of MAP products will be provided on the Kool Lagoon website at https://koollagoon.com/reseller-minimum-advertised-price-policy/.

Kool Lagoon reserves the right to modify, temporarily suspend or discontinue this MAP Policy, in whole or in part, or designate periods during which the terms of the policy change or during which the policy is not applicable. Kool Lagoon will provide notice of any such changes on the designated Kool Lagoon website.

If Kool Lagoon products are bundled or sold as part of a package that includes other products, it shall be a violation of this MAP Policy to sell or advertise the bundle at a price less than the combined MAP prices for each MAP product, or at a price that has the effect of violating the letter or spirit of this MAP Policy.

Enforcement

Kool Lagoon does not intend to do business with Resellers who compromise the integrity of the Kool Lagoon brand and its products. In the event a Reseller chooses not to follow this MAP Policy, Kool Lagoon, in its sole discretion, may choose not to business with that Reseller. Kool Lagoon will not accept any communication from a Reseller who has violated this MAP policy regarding the violation or willingness of the Reseller to bring its prices into compliance with this MAP Policy.

Kool Lagoon shall be solely responsible for determining whether a violation of this MAP Policy has occurred, communicating decisions to Resellers regarding this MAP Policy and receiving any communication regarding violations under this MAP Policy. KOOL LAGOON SALES PERSONNEL HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS MAP POLICY OR HAVE ANY COMMUNICATIONS WITH ANY RESELLER REGARDING VIOLATIONS OF THIS MAP POLICY.

A list with answers to frequently asked questions is maintained on the Kool Lagoon website at  https://koollagoon.com/faq. Please direct any additional questions regarding this MAP Policy to: MAPadministrator@koollagoon