US MINIMUM ADVERTISED PRICE POLICY

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Introduction – KLIK Communications Inc. (KLIK) is enabling the wireless workplace with collaboration and presentation tools that include the KLIK Boks Wireless Presentation Connector. Our success is dependent on the efforts of qualified system integrators and resellers who not only sell our products but also act as the first line of support for end users. As a result, KLIK Communications has unilaterally established this Minimum Advertised Price (“MAP”) Policy.

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1. Policy Statement – KLIK, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower that the MAP.

2. General Guidelines – The products covered by this policy are all products offered for sale by KLIK (“MAP Products”). KLIK may in its sole discretion modify this list from time to time.

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KLIK recognizes that dealers are free to make their own decisions to advertise and sell any KLIK product at any price they choose, without consulting or advising KLIK. Similarly, KLIK will exercise its right to make its own decisions regarding the KLIK Authorized Reseller Program (“KARP”), supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.

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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 over the telephone.

KLIK believes in maintaining a well-regulated and fair marketplace for all its authorized resellers. Please see the FAQs for more information on the MAP policy and enforcement.

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Advertising Guidelines – The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as Internet sites, social media sites, apps, or any other electronic media.

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The MAP Policy does not apply to solely on premise or in-store advertising that is not distributed to customers

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Website features such as “click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, and automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the dealer (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.

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It shall not be a violation of this MAP Policy to advertise that a customer may “call for price” or “email for price”, or to use similar language, specifically with respect to KLIK Products, so long as no price is listed.

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This MAP Policy also applies to any activity which KLIK determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases’ and the like.

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It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.

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From time to time, KLIK may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, KLIK reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.

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From time to time KLIK may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer's rebate, provided that:

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i. the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer's rebate in the same type size and style; ii. an asterisk is placed next to the net price after manufacturer's rebate; and iii. “*after manufacturer's rebate” appears in the same area of the advertisement as the advertised product.

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1. Bundling Guidelines – “Bundling” or advertising KLIK products for sale together with other products will violate this MAP Policy when:

   1. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP; or

   2. the product(s) bundled with MAP Products violate KLIK's Intellectual Property rights; or

   3. the product(s) bundled with MAP Products violate the KLIK Trademark and Brand Policy (http://www.klikboks.com/#!trademark-policy/h7hpg); or

   4. the product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s); or

   5. the effective or stated discount is greater than 15% of the highest priced item in the bundle.

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Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP Product will violate this MAP Policy when: i. the effective or stated price of the bundle represents an immediate discount of greater than 15% of the MAP; or ii. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP after taking into consideration any contingent future purchase.

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Rebate programs from KLIK, whether on MAP Products or KLIK's partners' products are exempt from this policy.

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6. Policy Enforcement

 

If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then KLIK will consider this to be a violation by the dealer.

KLIK reserves the right to cancel any pending orders, restrict future orders, or suspend dealers' account if KLIK reasonably believes: i. a dealer has violated the provisions of this policy; or ii. a dealer intends to violate this policy.

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KLIK's MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy as occurred, as well as determining appropriate sanctions.

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Waivers to this MAP Policy may be granted in KLIK's sole discretion by the MAP Policy Administrator in writing. KLIK Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.

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KLIK monitors the advertised prices of dealers, either directly or via the use of 3rd party agencies or tools. Dealers are expected to provide reasonable cooperation in any KLIK investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a KLIK MAP Policy investigation is a violation of this MAP Policy.

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The MAP Policy will be enforced by KLIK in its sole discretion and without notice. Dealers, distributors, resellers, have no right to enforce the MAP Policy. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law. All questions related to this MAP Policy should be directed to: klik@klikboks.com

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List of MAP Products (as of the date of latest revision of this policy)

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• KLIK Stik KB301

• KLIK Boks PLUS KB601

• KLIK Boks PRO KB901

• KLIK Boks HUB KB1200

• KLIK Knkt HDMI KB400

 

January 1, 2020

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