Last Updated: 31 March 2022

Setex has built a brand with strong consumer recognition and high perceived value. We have implemented this minimum advertised price policy (“Policy”) to preserve our strong reputation for providing customers with high quality products and valued support. We greatly appreciate the efforts that Resellers have made to provide the purchasers of our Products with a rewarding customer experience. This policy is designed to ensure that all Resellers are incentivized to invest resources into providing their customers with such a rewarding experience. This policy is intended to allow consumers to purchase from authorized Resellers based on loyalty and customer experience.

• This Policy is administered unilaterally by Setex. Setex does not seek consultation with any Reseller, and Setex will not negotiate with or enter into an agreement with any Reseller regarding this Policy or any MSRP.
• Unless otherwise provided in this Policy, capitalized terms used herein have the meaning assigned to them in the Setex Reseller Program Terms and Conditions (“Program Terms”). Notwithstanding the foregoing, this Policy does not form part of the Program Terms, and Setex does not request or require Resellers to agree to any aspect of this Policy.
• This Policy applies to all Resellers within the Setex Reseller Program, and it is applicable to all Products purchased by Resellers through the Setex Online Interface.
• It is a violation of this policy for a Reseller to advertise or otherwise promote a Product at a net price lower than the current manufacturer suggested retail price (“MSRP”) published on the Online Interface. The current price list for Products, including MSRP, can be viewed below. The MSRP is established by Setex and may be adjusted by Setex from time to time at its sole discretion.
• Please note that this Policy applies to advertised prices and not to the price at which the Product is actually sold to a consumer. Resellers are free to sell the Products at any prices they choose.
• This Policy does not establish maximum advertised prices. Resellers may offer Products at any price in excess of the MSRP.
• This Policy applies to all advertisements and promotion of Products in any and all media, including, but not limited to Reseller’s website, posters, coupons, mailers, newspapers, magazines, catalogs, printed advertisements, social media, internet banner ads, etc.
• This Policy is not applicable to any in-store Advertising that is displayed only in a Retail Point of Sale and not distributed to consumers. Specifically, Point-of-Sale Displays are not covered by this Policy.
• This Policy is not applicable to:
  • bundled promotions where the individual Product price cannot be ascertained (for example, “25% off your entire order” or “Spend $50 to receive $10 off”);
  • rebate programs where the individual Product price cannot be ascertained; or
  • offering free shipping.
• The inclusion in Advertising of free or discounted products with a Product covered by this Policy would be contrary to this Policy, if it has the effect of discounting the advertised price of the Product below the applicable MSRP.
• If pricing is displayed anywhere other than a Retail Point of Sale, any strike-through or other alteration of the Product price is prohibited if it has the effect of discounting the advertised price of the Product below the applicable MSRP.
• No advertisement for any Products may indicate that prices are subject to this Policy. Any references to this Policy in your Advertising would be a violation of this Policy.
• The Policy does not, in any way, limit the ability of any Reseller to advertise that it “has the lowest prices" or, it "will meet or beat any competitors’ price," that consumers should "call for a price" or phrases of similar meaning as long as the price advertised or listed for the product is not less than the MSRP.
• Setex may restrict future orders, suspend a Reseller's account, or terminate Reseller’s participation in the Setex Reseller Program, if Setex reasonably believes:
  • a Reseller has violated the provisions of this Policy; or
  • a Reseller intends to violate this Policy.
• Setex's Policy administrator is solely responsible for determining whether a violation of this Policy has occurred, as well as for determining appropriate consequences.
• Please note that Setex employees and representatives are not authorized to discuss any aspect of this Policy, including the meaning or interpretation of this Policy. Specifically, Setex's personnel are not authorized to modify or grant waivers or exceptions to this Policy.
• Setex monitors the advertised prices of resellers, either directly or via the use of third party agencies or tools. Resellers are expected to provide reasonable cooperation in any Setex investigation regarding possible Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with an investigation is a violation of this Policy.
• This Policy will be enforced by Setex in its sole discretion. Resellers have no right to enforce this Policy.
• Setex reserves the right to change, modify, revise or otherwise amend any provision of this Policy, at any time at its sole discretion by providing notice to Reseller that this Policy has been modified. Such notice may be provided by sending an email, or by posting a notice on the Online Interface, or by posting the revised Policy on the Online Interface and revising the date at the top or by such other form of notice as determined by Setex.