TIMEX GROUP USA, INC
This Minimum Advertising Policy (the “Policy”) applies to all TIMEX branded products distributed and sold by Timex Group USA, Inc., or one of its affiliates (hereinafter “Timex”), that are advertised or sold in the United States.
Timex believes that its product advertising goals require a commitment from accounts to provide superior service, aggressively promote the brand image of TIMEX and focus on product performance features and benefits. Timex likewise believes that the TIMEX brand and the investment that Timex and its direct customers make in the introduction and marketing of new products are undermined by accounts that engage in unfair advertising practices or advertise TIMEX branded products at significant price discounts.
To address these issues, Timex has adopted this Policy. Timex has unilaterally determined that it will sell its products, offer co-op advertising funds, permit the use of the TIMEX trademark and copyrighted images of TIMEX products, and/or participate in offering promotional funds only to those accounts that:
This Policy applies only to advertised prices and does not apply to actual resale prices. This Policy does not apply to in-store point of sale advertising or to TIMEX branded products that Timex has identified as off-price, discontinued, or obsolete. The Policy will remain in force for one year from the effective date listed on the first page of this notice and will automatically renew for successive one year periods thereafter unless amended, withdrawn or replaced by Timex which may do so in its sole discretion. Timex will take such actions as are necessary to enforce this Policy including, but not limited to, withholding co-op advertising or promotional funds, restricting the right to use TIMEX trademarks and copyrighted images, and/or terminating Timex’s business relationship.
This Policy is a unilateral statement of Timex’s preferences concerning the type of account and type of advertising to which Timex chooses to distribute the TIMEX products subject to this Policy and advertise such TIMEX products to the end consumer. It is not an intent or purpose of this Policy to restrict, coerce, force or reach agreement with a retailer or account to charge a particular price for any Timex product. This policy is not a contract or an offer to form a contract, agreement, or any other form of mutual understanding. Rather, the Policy describes the terms under which Timex may, in its sole discretion, choose to sell, provide co-op or promotional funding, or permit the use of TIMEX trademarks and copyrighted images, to its retailers and accounts. Timex does not ask for, and will not accept, any agreement to comply with this Policy.
Timex representatives and employees are strictly prohibited from discussing this Policy or retail pricing practices with any account. Timex representatives and employees are also strictly prohibited from seeking or accepting any assurances of any account’s compliance with this Policy. All inquiries regarding this Policy should be directed in writing to:
David Payne, Esq.
Timex does not and will not discuss the business dealings of any retail accounts with any other account. Timex does not seek and will not accept any complaints or comments about the advertising or pricing policies of any other account. Timex reserves the right to change or discontinue this Policy at any time, and no account has the right to rely on the continued existence of this Policy or Timex’s enforcement of this Policy. Timex reserves the right to choose any retail accounts with which it will do business, provide co-op or promotional funds, or permit the use of Timex trademarks and copyright images and reserves the right to accept or reject any purchase order from any account at any time. This Policy supersedes and replaces any other MAP or Minimum Advertising Policies previously provided by Timex
Core Product Tier
Mid Product Tier
Premium Product Tier