Purpose

Nomo International, Inc. (“Nomo”) has a strong interest in ensuring that its direct customers (“Sellers”), provide superior service and tangible product presentation, aggressively promote the Nomo Smart CareTM premium brand image, and demonstrate product performance, features and benefits. The purpose of this Minimum Advertised Price (“MAP”) and Internet Sales Policy is to set the minimum price levels at which Sellers may advertise specified products manufactured by Nomo and to set the appropriate channels through which Sellers may sell Nomo Smart Care products on the internet. Certain advertisements and sales channels can cheapen the quality brand image that Nomo has worked hard to develop. Maintaining the MAP and Internet Sales Policy helps Nomo better compete in the marketplace against other brands by protecting against unintended and inconsistent marketing messages that can diminish the brand in its product markets and, therefore, negatively affect investment in the brand and promotion of the brand by Nomo and Sellers.

Application

Nomo will unilaterally refuse to sell to Sellers who violate this MAP and Internet Sales Policy by advertising any Nomo Smart Care products at prices below the Minimum Advertised Price (the “MAP Price”), which shall be the current price published on the Nomo Smart Care MAP Price Sheet, or selling through third-party seller or auction platforms (the “Unauthorized Internet Sales Channels”). This MAP and InternetSales Policy applies to all Sellers in the United States. Nomo reserves the right, in its sole discretion, to amend, modify, suspend or cancel this MAP and Internet Sales Policy at any time. Nomo also reserves the right, in its sole discretion, to revise the Nomo Smart Care MAP Price Sheet at any time. Nomo will provideSellers at least 30 days’ notice of changes to the Nomo Smart Care MAP Price Sheet. Nomo may unilaterally determine that certain products will be excluded from this MAP and Internet Sales Policy, such as distressed, discontinued, or closeout items. Any items that Nomo determines should be excluded from the MAP and Internet Sales Policy will be clearly identified by Nomo as excluded on the Nomo Smart CareMAP Price Sheet.

This MAP and Internet Sales Policy applies to the following types of advertising: Seller websites; search engines; online newsletters; email promotions; social media platforms; online coupons/vouchers and forms; internet or website banners; television; radio; print advertising; newspaper; and mass mail.

Advertising that includes coupons, rebates or other discounts—including a percentage or dollar amount discount of any type, bundles, or loyalty discounts—that bring the advertised price for a Nomo Smart Care product below the MAP Price will constitute a violation of this MAP and Internet Sales Policy. It is a violation of this MAP and Internet Sales Policy to include a Nomo Smart Care product in an advertisement that suggests that a storewide sale (e.g., 10% off entire order or 10% off all items) is applicable to a Nomo product.

Sellers are free to disclose a lower price in response to unsolicited customer requests that Sellers receive via telephone or email. The prohibition on below-MAP Price advertising applies to all publicly accessible levels/pages on a website, other than pages associated with an intent to purchase, such as a customer’s “shopping cart” page or a purchase confirmation page.

Sellers may not offer to sell or make a sale through an Unauthorized Internet Sales Channel. Unauthorized Internet Sales Channels include third-party sales platforms (such Amazon marketplace, Facebook marketplace, Google Express, and Alibaba) and online auction sites (such as eBay). Sellers may offer and sell Nomo products through their own website or mobile application that is not co-branded with a third party. A “sale” occurs if a customer accepts an offer to sell, or a seller accepts an offer to buy, a new or previously unsold Nomo Smart Care product. An “offer to sell” does not require acceptance of the offer.

No Application to Actual Retail Price

The MAP Price applies only to the advertised price and does not apply to the prices at which Sellersactually sell Nomo Smart Care products. Nomo Sellers are free to establish their own retail prices.

Unilateral Policy

Nomo adopted and enforces this MAP and Internet Sales Policy unilaterally. Nomo has not sought and will not seek any agreement from any Seller to comply with this MAP and Internet Sales Policy, and nothing in this MAP and Internet Sales Policy shall constitute an agreement between Nomo and any Seller or other party. Nomo will not alter or grant exceptions to this MAP and Internet Sales Policy for any Seller. Nomo has not and will not solicit, consider or otherwise entertain suggestions, comments or reports regarding this MAP and Internet Sales Policy, the MAP Price, or the Nomo Smart Care MAP Price List from Sellers or any other party. Nomo sales personnel and other employees have no authority to modify or grant exceptions to this MAP and Internet Sales Policy, and all Nomo personnel have been instructed not to discuss this MAP and Internet Sales Policy outside of Nomo. Please do not attempt to discuss this MAP and Internet Sales Policy with Nomo personnel or sales representatives or communicate complaints regarding this MAP and Internet Sales Policy to Nomo personnel or sales representatives. Any questions regarding this MAP and Internet Sales Policy should be directed to:

Macy Mucciacciaro, VP Sales
Nomo International, Inc.
7151 Metro Boulevard
Edina, MN 55439

Enforcement

Nomo (or a third party hired by Nomo) will unilaterally monitor this MAP and Internet Sales Policy, and Nomo will unilaterally enforce this MAP and Internet Sales Policy. Nomo will decide in its sole, unilateral discretion whether Seller advertising or sales channels violate this MAP and Internet Sales Policy. Nomo will not solicit or accept any communications from any Seller regarding possible violations of this MAP and Internet Sales Policy by any other Seller.

Violations

Nomo has unilaterally adopted the following penalties for violations of this MAP and Internet Sales Policy:

• The first violation will result in a written warning.
• The second violation will result in a one-month suspension from purchasing Nomo Smart Care products.
• The third violation will result in the permanent loss of ability to buy Nomo Smart Care products.

Should a Seller be suspended or terminated because of violations of this MAP and Internet Sales Policy, Nomo will have the right to re-purchase the Nomo Smart Care products from Seller at the price paid by the Seller.

Effective Date

This MAP and Internet Sales Policy will become effective on December 1, 2023.