Sirius Performance Company, LLC

Minimum Advertized Price Policy and Agreement

Effective June 25, 2016, a Minimum Advertised Price (hereinafter, MAP) on all Sirius Performance Company, LLC, (Hereinafter, the Company) products will be in effect. In specific, this MAP policy applies to the Company’s performance beverage called Hydrus™.

The Company has built a brand of strong recognition and a high perceived value. By not adhering to the established MAP policy, a reseller can have a dramatic effect of diminishing or detracting from the perceived value of Hydrus™. The internet, with its worldwide impact, has the possibility to cause great harm to any company’s products, if they are advertised at prices that will eliminate any legitimate retail competition. The Company’s MAP policy is intended for consumers to purchase from resellers based on loyalty and customer care expectations. Therefore, if the Company authorizes a business organization or an individual to be a reseller of Hydrus™, the reseller must agree to, and abide by the following requirements and restrictions.

  1. The MAP for Hydrus™ shall not be less than the current Manufacturer’s Suggested Retail Price (hereinafter, MSRP) as published on the Company’s price sheet. This MAP policy is established by the Company and may be adjusted by the Company at its sole discretion.
  2. The MAP for Hydrus™ shall be no more than the MSRP provided in the Company’s price sheet.
  3. This MAP policy applies to all advertisements of Hydrus™ in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio, and public signage.
  4. This MAP policy is not applicable to:
    1. any in-store advertising that is displayed only in a store and not distributed to any customers outside of the store; and
    2. any email newsletters sent to a customer database.
  5. The inclusion in advertising of free or discounted products (whether made by the Company or another manufacturer) with Hydrus™ would be contrary to this MAP policy if it has the effect of discounting the advertised price of Hydrus™ below the MAP.
  6. If pricing is displayed in other than a retail store, any strike-through or other alteration of the MAP is prohibited.
  7. This MAP policy applies only to advertised prices and does not apply to the price at which Hydrus™ is actually sold or offered for sale to individual customers within the reseller’s retail location or over the telephone. Resellers remain free to sell Hydrus™ at any price they choose.
  8. This MAP policy does not establish maximum advertised prices. All resellers may offer Hydrus™ at any price in excess of the MAP.
  9. The Company’s MAP policy does not in any way limit the ability of any reseller to advertise that they have “the lowest prices,” or that they “will meet or beat any competitor’s price,” or that customers should “call for a price,” or phrases of a similar nature, as long as the price advertised or listed for Hydrus™ is not less than the MAP.
  10. All resellers agree to hold all trademarks and copyrights of the Company as the property of the Company, and use advertising materials provided by the Company only in an authorized manner.
  11. Intentional or repeated failure to abide by this MAP policy will result in the termination of a reseller’s business relationship with the Company, and any attendant discounts or privileges. The Company will not conduct business with resellers who degrade the image of the Company and Hydrus™. It is in the Company’s sole discretion whether or not to provide prior notice or issue warnings before taking any action under this policy.
  12. E-Bay and Other Auction Web Sites Policy:
    1. “Buy it Now” options must be listed at a price equal to the MAP or greater.
    2. For auctions, the reserve and/or opening bids must start at the MAP without a “Buy it Now” option.
    3. “Best Offer” auctions are not allowed.
  13. From time to time, the Company may explicitly approve in writing the sale of Hydrus™ below the MAP. The Company, in its sole discretion, will set the discount amount and length of time it will be offered.
  14. From time to time, the Company, in its sole discretion, may administer a sale. In such an instance the MAP will be the same as the sale price on Hydrus™ during the period of the sale. The Company will send out a notice to resellers in advance with details of the sale.
  15. The Company will supply a copy of the current operative MAP policy to any new or existing reseller, to be acknowledged by signature and returned to the Company. This agreement shall bind the reseller to the terms of the MAP policy and other reseller requirements listed in this document.

Minimum Advertized Price Agreement Confirmation

This Minimum Advertized Price policy has been established by Sirius Performance Company, LLC, as the exclusive producer of Hydrus™, to protect its reputation and integrity and that of the product and brand known as Hydrus™. This MAP policy is also designed to ensure resellers have the incentive to invest resources into providing Hydrus™ to customers. By affixing a signature below, a reseller indicates understanding of, and agreement with this policy, as well as the willingness to abide by its terms and conditions.

As of June 25, 2016, no shipments will be made to any reseller without having agreed to the terms of this MAP policy, and indicated such consent by completing, signing, and returning this document to Sirius Performance Company, LLC. A scanned and emailed copy is sufficient. A scanned copy of the countersigned agreement will be returned by email to the reseller.