ResMed US Internet Minimum Advertised Price (MAP) policy
Effective January 15, 2016
This policy applies to those customers who are authorized to advertise and sell ResMed products on the Internet
ResMed makes superior medical devices for the treatment of sleep-disordered breathing and other medical conditions. Patient compliance is an important aspect of effective treatment, and the involvement of health professionals greatly improves compliance. ResMed’s products are largely regulated by the US Food and Drug Administration (FDA), are classified as Class II medical devices, and therefore require a prescription from a health care practitioner. ResMed believes that its products are best sold by a highly qualified network of medical equipment professionals. ResMed also believes the sale of its products on the Internet is most effective when coupled with the high degree of service provided by its network of medical equipment customers. ResMed therefore chooses to authorize the sale of its products on the Internet only through medical equipment customers that carry appropriate inventory sufficient to meet nationwide demand, that provide superior patient service both in person and over the Internet, and that consistently promote the features and benefits of ResMed products and promote the ResMed brand.
ResMed has established this US Internet Minimum Advertised Price (MAP) Policy (the “Internet MAP Policy”) to describe attributes of those medical equipment retail customers it may authorize to sell ResMed’s products on the Internet (“Internet Providers”). ResMed requires that its products are sold over the Internet only by authorized Internet Providers consistent with this Internet MAP Policy.
ResMed chooses to authorize Internet Providers to advertise and sell its products online only if they meet the following minimum criteria:
- Advertise ResMed products over the Internet at prices at or above the prices set forth on ResMed’s Internet MAP Policy Price List. The Internet MAP Policy Price List will be updated as new products are introduced. ResMed reserves the right to change the prices on the Internet MAP Policy Price List at its sole discretion.
- “Advertise” or “advertising” is the public promotion of ResMed products for sale, and includes but is not limited to advertising via websites, the shopping cart, social media, general discussion boards, blogs, Internet auction sites, newsletters, catalogs, text messages, newspaper, television, radio, or facsimile. The Internet MAP Policy does not apply to in-store advertisements of ResMed products.
- Do not use statements such as “call for price” or “call for quote” or any other statement designed to communicate prices lower than those set forth in the Internet MAP Policy Price List. Specifically, and without limitation, Internet Providers shall not advertise that lower prices are available in the shopping cart or at checkout.
- Do not offer free or discounted products with the purchase of products covered by ResMed’s Internet MAP Policy. Do not advertise or sell non-ResMed products together with ResMed products as part of a combined therapy product offering. This Internet MAP Policy is not intended to restrict sales of non-ResMed products.
- Advertise and sell ResMed products on the Internet only after receiving written permission to do so from ResMed. For example, do not advertise a new ResMed product on the Internet prior to receiving the launch communication from the Internet Team.
- Do not advertise, list or sell ResMed products on any site except the approved site, including but not limited to online auction, market or comparison sites.
- Do not advertise or sell ResMed products outside the US.
- Comply with all state and federal laws applicable to the sale of ResMed products. Comply with ResMed’s terms and conditions of sale and provide data on all Internet transactions.
- Sell ResMed products only to consumers. Do not engage in business-to-business sales.
- Are an existing ResMed customer with at least one year of a successful trading history, have no past due balance, and only purchase ResMed products directly from ResMed.
- Do not suggest or imply that the account is an approved ResMed repair center unless it has successfully completed ResMed’s Service Training.
- Do not offer ResMed products for rent over the Internet.
- Do not alter the intended use of, misbrand or promote off-label uses of ResMed products.
- Use only marketing material, logos, product images and collateral provided or authorized by ResMed. Prominently display ResMed logos and products on the Internet Provider’s site. Do not disparage ResMed or its products. Do not communicate this Internet MAP Policy to patients.
- Do not utilize ResMed’s Mask Guarantee program to fund the Internet Provider’s own mask assurance program to consumers. ResMed’s Mask Guarantee program is only valid when patient setup occurs in person and the patient is fit by a qualified staff member. ResMed’s Mask Guarantee program is not valid for sales of masks over the Internet.
- Explicitly set forth that a prescription is required for ResMed products that require a prescription. Do not suggest or imply that ResMed prescription products may be purchased without a prescription. Apply therapy settings in accordance with the practitioner’s prescription.
- Ship products only from the Internet Provider’s facilities and maintain a reporting system to track sales in the event of a need to inform patients of product related information.
- Sell only new and unused ResMed products in original packaging. Sales of used, refurbished or tampered products, or in altered product packaging, are strictly prohibited on the Internet. Removal of serial numbers from ResMed products violates this Internet MAP Policy and is illegal in some states.
- State clearly that all patient services are provided by the Internet Provider.
- State the Internet Provider’s service policy on its website, including procedures for handling warranties and returns, customer service telephone numbers, and a street address for customer service and shipping returns.
Other important information:
ResMed’s Internet MAP Policy is a unilaterally adopted policy. The Internet MAP Policy is not a contract, or an offer to form a contract or agreement. ResMed does not ask, and will not accept, any agreement about a customer’s choice to follow the Internet MAP Policy. Prices set forth in ResMed’s Internet MAP Policy Price List are not the minimum selling prices, and the Internet MAP Policy does not require any customer to charge a particular price for any ResMed product. Authorized Internet Providers remain free to sell ResMed products at the prices they choose.
If an authorized Internet Provider violates this Internet MAP Policy, then ResMed reserves the unilateral right to refuse to sell that product to that Internet Provider, ; to stop selling that category of products to that Internet Provider; to suspend or terminate authorized Internet Provider status; to terminate the ResMed account; or to take such other actions as ResMed, in its sole discretion, deems appropriate in light of the particular circumstances.
ResMed acts in its sole interest, based on its own information and decisions, in administering this Internet MAP Policy to promote its success and the overall success of its customers and patients. ResMed reserves the right to change or discontinue this Internet MAP Policy at any time. No authorized Internet Provider has any right to rely on its continued existence. ResMed always reserves the right to choose those customers with which it will do business, including authorized Internet Providers.
ResMed makes no express or implied warranties or representations as to the merchantability, fitness, design, condition, quality, capacity, material, equipment or workmanship in or of any products purchased from ResMed other than those set forth in ResMed’s written product warranties. ResMed may modify its warranty provisions from time to time. The limited warranty is available exclusively to authorized customers and their customers. The warranty is not transferrable or available to unauthorized distributors or their customers. Unauthorized distributors may be required by law to inform consumers that ResMed’s warranty, express and implied, is void on any ResMed product purchased and sold by an unauthorized distributor. Some states do not allow the exclusion or limitation of a warranty. Therefore, the exclusion may not apply to certain purchasers.
ResMed will not discuss the business dealings of any customer with any other customer. ResMed’s sales representatives are prohibited from discussing this Internet MAP Policy, including specific retail prices and administration of this Internet MAP Policy, with any customer. All questions regarding this Internet MAP Policy should be directed, in writing, to InternetPoliciesQuestions@resmed.com.
Only Internet Providers currently authorized to sell ResMed products online may continue to sell ResMed Products online pursuant to this Internet MAP Policy. Customers that seek to advertise, but not sell ResMed products, without pricing, will be subject to ResMed’s US Internet Advertising Policy, available at ResMed.com/InternetAdvertisingPolicy. ResMed’s terms and conditions of sale are located at ResMed.com/SalesTerms.