UNILATERAL MINIMUM ADVERTISED PRICE POLICY
Plantronics, Inc. has unilaterally adopted this Policy applicable to all sales of headsets by Internet Distributors ("Internet Distributors"). The purpose of this Policy is to encourage the successful sale of headsets by establishing and maintaining brand equity and encouraging investment and promotion by Internet Distributors.
Internet Distributors remain free to establish their own advertised and resale prices. However Plantronics will, without assuming any liability, refuse to pay further marketing development funds ("MDF") to any Internet Distributor with respect to any sales by it immediately following verification by Plantronics to its satisfaction that such Internet Distributor has advertised, promoted, offered or sold Plantronics headsets at a net price less than the minimum advertised price established by Plantronics from time to time. MDF funds will otherwise be payable to Internet Distributors pursuant to Plantronics Co-operative Advertising Program. This Policy is subject to change or termination at any time by Plantronics, with at least ten (10) days notice to Internet Distributors.
Internet Distributors are free to independently decide whether or not to follow this Policy. Regardless of this unilateral Policy, Internet Distributors shall have sole discretion in determining the price at which they advertise or sell the headset products. Plantronics does not ask for, nor will it accept, any assurance of compliance or agreement from Internet Distributors regarding this Policy, nor will Plantronics discuss any conditions of acceptance related to this Policy. Notwithstanding anything to the contrary which may be expressed or implied in or by one or more agreements between Internet Distributors and Plantronics, including the Reseller Agreements between the parties, nothing in those agreements shall constitute an agreement by Internet Distributors to comply with this Policy.
The only Plantronics representative authorized by Plantronics to answer questions regarding this Policy, to comment on it and to whom questions regarding this Policy must be addressed is:
UMAP Policy Administrator
Plantronics, Inc.
345 Encinal Street Santa Cruz, California 95060
Tel: 1-831 426-5858
E-Mail: UMAP@plantronics.com
No Plantronics representative or employee has authority to modify or alter this Policy. Should Internet Distributors learn of any modification or alteration of this Policy or an attempt to do so, Internet Distributors should immediately notify the UMAP Policy Administrator at the address or numbers above.