Aetrex Worldwide, Inc. (“Aetrex”) is a manufacturer of premium footwear and orthotic products. As part of its strategy to market the finest products available, Aetrex has adopted this Internet Sales Policy to regulate Internet sales of its footwear and orthotics. This Policy is limited to Internet sales of Aetrex products in the United States.
Properly fitting footwear and orthotics is an important purchase for individuals. Aetrex believes that optimum fit and performance, and the successful selling of our products, can only be achieved through face-to-face consultation with those distributors and vendors trained on the proper use and fitting of our products. There is no substitute for personal service which addresses each customer’s unique needs on an individual basis. Internet retailers cannot provide consumers with the same services as those who can offer in-person fitting, informational, and support services which we believe are critical to consumers receiving the maximum benefit, performance and value from our products.
Sales of Aetrex’s products over the Internet do not afford the authenticity and protection to the consumer that Aetrex expects from vendors who can offer in-person services if desired by consumers. We want to mitigate the risks associated with online purchases, such as customer dissatisfaction, customers disliking the style, or those who were not fully informed about the product and how it would function for their needs.
At the same time, Aetrex understands the need for supplemental means of communication between the vendors and their customers, and we recognize that the Internet is a large infrastructure for consumers seeking information and products for convenience. Therefore, Internet sales by Aetrex’s vendors will be permitted subject to the limitations specified herein. This Internet Sales Policy is intended to maintain our distinctive position in the marketplace.
THE INTERNET SALES POLICY IS AS FOLLOWS:
A. General Criteria
Only vendors who have: (i) annual revenue of at least $50 Million; or (ii) at least five (5) brick and mortar retail locations which all feature Aetrex products, will be permitted to sell Aetrex products on the Internet. Notwithstanding, under no circumstances may a vendor sell any Aetrex products to or on any third-party marketplace or other third-party websites (E.g., Ebay.com, Amazon.com, Shopzilla.com, ETC.) Vendors not meeting the above criteria are not permitted to sell any Aetrex products on the internet. Vendors meeting the above criteria are still subject to the Internet selling restrictions of part B below.
B. Lynco Orthotics
Vendors who satisfy the criteria of part A above are not permitted to sell Lynco Orthotics on the Internet unless they operate at least five (5) brick and mortar retail store locations and at least five (5) of its total locations have iStep® foot scanning devices. A merchant who does not satisfy this criteria will not be permitted to sell Lynco orthotics on the Internet.
C. Apex Exclusion
This Internet Sales Policy does not apply to Apex branded products. However Apex branded products are still subject to Aetrex’s Minimum Advertised Price (MAP) policy.
This Internet Sales Policy is not predicated on the pricing policies of any Internet Sellers, but solely upon the need for Aetrex vendors to have an appropriate balance between face-to-face personal customer service support and online sales activities. Aetrex Worldwide will proactively monitor the Internet to identify Internet Sellers of our products, and may request documentation from any Internet Seller to ascertain whether they are in compliance with our Internet Sales Policy. The failure of any Internet Seller to provide such documentation will result in a determination that such Internet Seller is an Unauthorized Internet Seller until such time as the Internet Seller provides documentation sufficient to show that it is in compliance with this Internet Sales Policy. In the event that an Internet Seller is deemed to be an Unauthorized Internet Seller under this Policy, Aetrex Worldwide reserves the right to discontinue the supply of products to such Internet Seller, including advising Aetrex’s distributors that they are not authorized to sell the specified products to such Internet Seller. The foregoing shall not constitute or be construed as a waiver or limitation of Aetrex’s rights or remedies under other agreements or applicable law, all of which are reserved.
Updated: May 2014