M.A.P & Non- Diversion Policy

 

Minimum Advertised Price Policy
In order to build and maintain integrity for Historic Barber Supply, its products and its Historic Barber Supply brand equity by emphasizing the value and quality of Historic Barber Supply products through advertising and marketing and providing quality customer service, Historic Barber Supply has established this Minimum Advertised Price (“MAP”) Policy that all Retailers and their agents must follow in connection with the advertising and marketing of Historic Barber Supply products.  
 
  1. MAP Pricing.  Historic Barber Supply shall provide Retailer a sales sheet (“Sales Sheet”) from time to time listing the MAP for its products.  If no Sales Sheet is provided, MAP prices for Historic Barber Supply products shall be those prices listed on the Historic Barber Supply website, historicbarbersupply.com.  All advertised prices must be at or above the MAP prices.  If a MAP price is not so listed for a particular product, Retailers are free to advertise such product at any price they may choose.  In addition, the following terms and conditions shall apply:
  1. Retailers are not required to advertise specific prices.  However, if prices are advertised or otherwise listed, such prices, including prices on internet search engines, must be at or above the applicable MAP price for the particular product.
  1. Prices listed on an internet site are considered to be “advertised prices” and must comply with this MAP Policy until the product is placed in a virtual “shopping cart.”  After being placed in the virtual “shopping cart,” it is considered to be part of the check out procedure and prices disclosed during check out procedure are not subject to this MAP Policy.
  1. Historic Barber Supply reserves the right to opt out of sales campaigns, cart discounts, and site-wide discounts at its discretion. Retailer agrees: 
  1. To inform Historic Barber Supply of any such programs or promotions in advance of commencement of program, giving ample opportunity for Historic Barber Supply to “Opt In” at its discretion.
  2. That Historic Barber Supply’s default position is “Opt Out.”
  1. This MAP Policy does not prohibit advertising with price “mark-outs” or ‘mark-throughs” provided the advertised prices is at or above the MAP.
  1. This MAP Policy does not apply to the actual resale prices charged by Retailer, which prices are established by Retailer in its sole discretion.
  1. Free shipping and/or handling, 0% sales tax, free financing and similar promotions are permitted provided the Retailer bears all associated costs.
  1. Scope.  
  1. This MAP Policy applies to all forms of advertising, including but not limited to: 
  1. Print ads (inserts, magazines, catalogs, newspapers, etc.)
  2. Broadcast (radio and TV)
  3. Direct mail, including email and facsimile
  4. Displays at consumer and trade shows and exhibitions
  5. Internet (banner ads, broadcast emails, destination pages, third-party sites) sponsored, placed or funded by the Retailer and/or its agents
  6. Flyers and posters. 
  1. The MAP Policy does not apply to the following:
  1. In-store displays, in-store banners, in-store price markings, pending approval by Historic Barber Supply by way of written notification
  2. Internet site “checkout” pages where the customer makes their final purchase election
  3. Statements such as “Call for price” or “Call for quote”
  4. Free shipping and/or handling and free financing promotions (provided that any such costs related thereto are borne by Retailer)
  1. Violations of MAP Policy.  If Historic Barber Supply, in its sole discretion, determines that Retailer has violated this MAP Policy, Retailer shall have 24 hours after Historic Barber Supply notifies Retailer of the violation in order to bring the advertising into compliance.  If Retailer fails to do so, Historic Barber Supply shall have the right in its sole discretion to do any or all of the following:
(a). Cease supplying product to Retailer for 60 days after notice of infraction.
(b) Remove Retailer information and links from Historic Barber Supply web site.
(c) Reduce or eliminate any joint marketing incentives and/or incentive funding arrangements with regard to the products advertised in violation of this MAP Policy.
(d) Terminate the Retailer Agreement between the Parties.
  1. Miscellaneous.  
(a) This Agreement is made and entered into by Historic Barber Supply and Retailer as of the date of registration for wholesale indicated on client records and effective as of such date or, if earlier, as of the effective date of the Retailer Agreement to which this Agreement is attached.  
(b) Historic Barber Supply greatly values the efforts of all its retailers to distribute and sell its products to our customers.  This MAP Policy is intended to encourage competition for the distribution and sale of Historic Barber Supply products in a manner consistent with the interests of our customers.  
  1. Please understand that it is policy stands for those who've accepted a ("Sales Sheet") or who have registered using our account registry page:  https://historicbarbersupply.com/account/register indicates your acceptance of this Agreement and we at Historic Barber Supply reserve the right to remove your access to self serve orders on this website or orders by any other means for any reason deemed reasonable by our sales team. 

(Continue to Non-Diversion Policy)

By creating an Authorized Purchaser’s and Authorized Resellers  account and creating a password to access wholesale via either of the wholesale application forms in the below URL’s or by other means; from the moment of your first authorized purchase from historicbrands.ca or hisotricbarbersupply.com or through an Authorized sales representative of Historic Brands US Inc. and Parent Corporation Historic Brands Canada Inc. (“Historic Barber Supply” “Distributor”) you hereby agree to abide by and understand all the terms and conditions of this agreement and that of the **MAP policy
HISTORIC BARBER SUPPLY
WHOLSALE PURCHASE AND NON-DIVERSION POLICY AND AGREEMENT
Historic Brands US Inc. and Parent Corporation Historic Brands Canada Inc. (“Historic Barber Supply” “Distributor”) manufactures and sells a unique line Oak Barrel Aged Aftershave.  Historic Barber Supply also represents and distributes other multiple high-end haircare, beard, and skin care brands and related products. Each brand in the care of the Distributors wholesale distribution portfolio is unique, individually, and separately owned by another party, under its own company trademark, logos, and packaging.  These brands are available for wholesale purchase only to licensed salon owners, licensed cosmetologists, licensed barbers (“Authorized Reseller”) and very select boutique apothecary’s, specialty pharmacies or high-end retail stores (“other”) who qualify under and abide by all Historic Barber Supply’s policies relating to the use and sale of the products and brands within it’s portfolio of brands and products. To qualify to purchase from Historic Barber Supply’s portfolio of products and brands the Authorized Reseller must (a) generate at least 50% of its gross revenues from providing professional services, rather than from selling products and other merchandise, unless otherwise qualified as a high end retail boutique and combined independent e-commerce store or other; Authorization to purchase products at wholesale pricing and resell products and brands mentioned below and all those in the online portfolios of historicbrands.ca and historicbarbersupply.com may be denied at the sole discretion of Historic Barber Supply’s President and CEO and or it’s sales and customer relationship management team; and (b) not be located on the premises of a self service, mass merchandise, discount department, grocery or drug store, flea market or swap meet, or similar store or facility, or operating in connection with any such store or facility. The undersigned Authorized reseller that wishes to purchase products sold through Historic Barber Supply as the undersigned Distributor of the following brands, but not necessarily limited to those named as set forth here; Crown Shaving Co Copacetic Gentlemen’s Grooming ltd., King Brown Pomade, Oil Can Grooming ltd., Educated Beards, Historic Brands Oak Aged Aftershave,  and Distributor is willing to sell under the following terms and conditions:
  1. Authorized Purchaser warrants and represents that she/he is a Licensed Salon or Barber Shop Professional or it is an establishment that qualifies as other, and an Authorized reseller as defined in this Agreement above.
  2. Authorized Purchaser agrees that brands and products sold to them as the Authorized reseller by the Distributor (a) will be used by Authorized Purchaser in its establishment as an Authorized Reseller in connection with providing services to its clients, or (b) in the case of retail products designed for use at home, will be sold only in Authorized Purchaser’s and Authorized Resellers location to its legitimate clients in quantities those clients reasonably need for personal use at home, and (c) will not be sold in any location that does not qualify as an Authorized Resellers location as defined in this Agreement above.
  3. Authorized Purchaser agrees that it will not resell any products or brands of Historic Barber Supply’s portfolio to any diverter or redistributor of products; will not sell aforementioned products or brands in bulk; will not sell aforementioned products or brands over the internet (unless otherwise qualified by Distributor as independent and boutique e-commerce and in compliance with Distributors MAP policy) or through any form of mail-order or e-mail including Amazon, eBay, Walmart.com, Gumtree, social media platforms or any other 3rd party; and will not divert aforementioned products or brands in any other fashion. Authorized Purchaser agrees that any products marked “For Professional Use Only,” “Not for Retail Sale,” “Not for Resale,” or with similar language, sold by Distributor, shall not be resold by Authorized Purchaser to anyone under any circumstances, but will be used by Authorized Purchaser only in its Authorized Resellers location for the purpose of providing services to clients. Authorized Purchaser agrees that it will not use aforementioned brands or products to refill previously used containers for sale to Authorized Purchaser’s clients. Authorized Purchaser will permit Distributor at reasonable times and upon two days’ notice, to enter the Authorized Purchaser’s premises and inspect and audit Authorized Purchaser’s point of purchase displays or signage related to the purchase and sale of aforementioned products or brands and listing of professional services to ensure compliance with this Agreement and to combat diversion.
  4. Authorized Purchaser understands that products and brands sold to them by the Distributor may apply codes to products for several reasons, including compliance with federal laws, protecting the public in the event of a recall, and combating diversion. Authorized Purchaser agrees that it will not remove, obliterate, alter, or otherwise tamper with any codes applied to the aforementioned Brands and products.
  5. Authorized Purchaser acting on behalf of the Authorized Reseller recognizes that breaching any terms of this agreement will result in the restriction of access to any further dealings or Authorization to purchase products and brands in the care of Distributor Historic Barber Supply at the sole discretion of the President and CEO. To protect the products and brands and reputation with the public by the sale of its products through such unauthorized locations. Undersigned understands that the owners of Brands in the care of distributor and Historic Barber Supply may deem it necessary to obtain an injunction against Authorized Purchaser or Authorized Reseller in any court of competent jurisdiction prohibiting such violation, and a judgment that Authorized Purchaser and Authorized Reseller pay damages a sum equal to the full retail price in accordance with the distributors MAP policy at the time of purchase.
  6. Authorized Purchaser agrees to take appropriate steps to advise all its employees, if any, of the existence of this contract, and to assure their compliance with it.
  7. The provisions of this contract are specifically intended to benefit Authorized Reseller and Authorized Purchaser and the Brands and Products in the care of Distributor. Distributor may bring an action to enforce the provisions of this contract with the utmost professionalism and respect to Authorized Resellers or Authorized Purchasers integrity, it is expected that in turn all parties work to come to a simple and swift resolution by being respectful and honorable to one another.