MAP Policy

Nani Swimwear Inc (“Nani”) values its relationships with its retailers and appreciates the efforts to distribute Nani products to customers and to provide excellent customer support. This MAP Policy is adopted for the benefit of Nani and Nani resellers. The purpose of this MAP Policy is to (1) protect reseller margins so that Nani’s resellers can provide customers with strong sales support and services, and (2) further enhance the Nani brand image and the competitiveness of Nani products in the marketplace.

1. Nani will make available to its resellers a list containing Manufacturer’s Suggested Retail Prices (“MSRP List”) and will provide it upon request. Nani Products come with MSRP on the ticketing.

Nani’s resellers are responsible for being familiar with this MAP Policy, Nani products, and the MSRP Price List. At any time and in Nani’s sole discretion, Nani may amend its MSRP List. In addition to a listing of prices, the MSRP List shall identify the effective date of such prices.

2. All products will have a MAP retail price. Listing a price other than the MAP retail price next to the featured MAP Product in any advertising will be viewed as a violation of this MAP Policy.

3. Nani may modify or suspend MAP pricing for special pricing promotions or discontinued products. Resellers may request approval for promotions to wholesale@naniswimwear.com, these are granted on a case by case basis.

In season MAP breaks: holiday sales and promotional events are allowed at a maximum of 25 percent off by approval and are allowed on a case by case basis. Email wholesale@naniswimwear.com for approval.

End of season maximum percent off: 40 percent off four months after release date.

The MAP policy applies to all advertisements of MAP Products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, television, radio, and public signage as well as Internet sites, social media sites, apps, or any other electronic media.

The internet is considered as any other medium for advertising and the same rules and regulations that apply to the print apply to sellers who use electronic medium for advertising, and/or price offering or order placement. To remain in compliance with the MAP guidelines, all advertised prices should be at or above the MAP listed price.

4. Resellers may not sell NANI products to other resellers. Resellers may only sell Nani products to end users of the Nani products.

5. Nani will monitor and perform routine checks to verify whether resellers are in violation of this MAP Policy. If an authorized reseller is found to be in violation of this MAP Policy, Nani shall impose the following sanctions:

· First violation: Reseller will receive notice that it is in violation of Nani’s MAP Policy, and a fine of $100/day will be charged (Time calculated by the number of days pricing outside of the MAP policy is customer facing either in store/online)

· Second violation: A fine of $200/Day will be invoiced for any MAP policy infractions. (Time calculated by the number of days pricing outside of the MAP policy is customer facing either in store/online)

· Third violation: Shipments of Nani Product to Reseller will be suspended for a period of one year.

6. This MAP policy is not a legal binding contract or agreement, and Nani does not seek nor will it solicit or accept any retailer's agreement with this policy; nor will Nani discuss pricing or the pricing of others. This MAP policy is the unilateral policy upon which Nani is willing to market its products. Nani sales personnel or sales reps have no authority to modify or grant exceptions to this MAP Policy. This MAP Policy may be modified at any time; however, only officers of Nani are authorized to modify or grant exceptions to this Policy.

All questions or comments regarding this MAP policy are to be directed to the policy administrator at wholesale@naniswimwear.com . The policy administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to sellers regarding the policy and receiving any communication regarding sanctions imposed under this policy.

By signing below, the Reseller acknowledges that he/or she has read and is familiar with the terms of this Policy.