OtterBox Minimum Advertised Price (MAP) Policy (U.S. and Canada Only)

Otter Products, LLC, a Colorado limited liability company, and home to the OtterBox® brand (“Company”), has adopted the following Minimum Advertised Price Policy (“MAP Policy”) for all Company products, except as designated by Company from time to time in writing or as posted on a website (“Covered Products”). This MAP Policy only applies to products manufactured by Company. Company’s goal in establishing this MAP Policy is to avoid degradation of, or damage to, the premium quality and image of its Covered Products and to the trademarks, other marks, brands or trade names under which its Covered Products are sold. Company intends to sell these Covered Products only to authorized distributors, dealers, and resellers (each, a “Seller”) that do not advertise Covered Products below the Minimum Advertised Price (“MAP”) set forth in this MAP Policy. Company may choose to enforce this MAP Policy through action up to and including termination of a Seller that advertises any Covered Product below the stated Minimum Advertised Price as set forth below. This MAP Policy will be applied and enforced as follows:

1. The MAP for each Covered Product shall be set forth on the current Company price list as issued by Company from time to time, or, if no MAP is listed for any Covered Product, the MAP will be the Manufacturer’s Suggested Retail Price (“MSRP”) for that Covered Product minus twenty percent (20%) of that MSRP. Current price lists may be obtained by contacting a Company sales representative. Company Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to this MAP Policy. However, the MAP for one or more products may be amended from time to time and may be suspended periodically for national, regional and/or seasonal promotions approved by Company. Changes to the MAPs will be posted on the Company website (www.otterbox.com) and will supersede the MAPs on the price lists. It is the responsibility of Sellers of Company Covered Products to monitor Company’s website (www.otterbox.com) for updates.
2. This MAP Policy applies to any and all forms of print and electronic media, direct mail, and audio and video communications. Examples of communications to which this MAP Policy applies are set forth in the linked MAP Policy FAQs.
3. Company considers any price advertised below the MAP a violation of this MAP Policy. For example, if a product with a MSRP of $49.99 is advertised below $39.99, this violates this MAP Policy, unless the MAP is amended by Company as explained in paragraphs 1 and 7 of this MAP Policy. Examples of amended MAP are set forth in the linked MAP Policy FAQs.
4. Advertising two or more Covered Products (i.e., two Company products that are covered by this MAP Policy) for sale together (“Product Bundle”) at a price below the combined MAPs for each Covered Product is a violation of this MAP Policy. Company reserves the right to issue MAP Policy modifications that apply specifically to Product Bundles.
   For example, if a Product Bundle includes one Covered Product with a MSRP of $49.99 and a second Covered Product with a MSRP of $17.99, any advertisement at or above $54.38 (the combined MSRPs of the Covered Products, or $67.98 minus twenty percent (20%) of the combined MSRPs) would comply with this MAP Policy. If Company issued a ten dollar ($10.00) MSRP reduction for this same Product Bundle, any advertisement at or above $46.38 would be in compliance (MSRP of $57.98 minus twenty percent (20%); provided, however, that if the Covered Products were sold separately, the MAPs for the individual Covered Products would remain at $39.99 (MSRP of $49.99 minus twenty percent (20%) and $14.39 (MSRP of $17.99 minus twenty percent (20%), respectively.
5. Advertisements featuring a Covered Product, and either (a) another brand of product or (b) a Company product that is not a Covered Product will comply with this MAP Policy so long as the Covered Product’s individual price in the advertisement cannot be ascertained.
   For example, if the advertisement states “30% off your entire order” or “Save 30% on accessories” the advertisement complies with this MAP Policy. If a Seller advertises a Covered Product at the MAP, and provides a free non-Company branded screen protector, the advertisement complies with this MAP Policy. As another example, assume the Seller advertises a Covered Product and a non-Company branded stylus as “Originally $59.99, now reduced to $29.99.” If the Covered Product has a MAP of $39.99 or higher, then the advertisement violates this MAP Policy because even if the stylus is priced at zero, the net advertised price of the Covered Product is lower than the MAP. Examples of advertising that does not violate this MAP Policy are set forth in the linked MAP Policy FAQs.
6. This MAP Policy only applies to advertised prices of Covered Products, and not the prices at which Covered Products are actually sold. The Seller is free to resell Covered Products at any price of its choice.
7. Company reserves the right to modify, suspend, or cancel this MAP Policy, or modify any or all MAPs at any time. Company will provide notice of any such modifications, suspension or cancellations on the designated Company website. It is the responsibility of each member of Company’s distribution network to monitor the Company designated website for updates.
8. If a Seller with multiple affiliate locations violates this MAP Policy at any one location, including any website associated with the affiliate, then Company will consider this to be a violation of this MAP Policy by a Seller.
9. If a Seller advertises prices below those required by this MAP Policy, sanctions will be unilaterally imposed by Company, including, but not limited to, one or more of the following actions:
   • Notify the Seller of the non-compliant advertisement with a reminder to comply with this MAP Policy on Covered Products within the time periods stipulated in the notice from Company;
   • Suspend all, or some, of the go-to-market investment(s) (e.g., volume incentives, promotional support, product training, etc.) planned for the Company product portfolio for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation), commencing from the date of receipt of the notice from Company;
   • Cancel any pending orders, and suspend the Seller’s right to purchase the entire Company product portfolio for a period of time (e.g., thirty (30), forty-five (45), ninety (90) days, or for a period of not less than one (1) year) depending on the breadth and severity of this MAP Policy violation, commencing from the date of receipt of the notice from Company; and/or
   • Terminate the Distributor/Reseller Agreement, or other relevant agreement, between Company and the Seller for violation of this MAP Policy by such counterparty, or any other party in the distribution network, governed by such Distributor/Reseller Agreement.

Company will make all decisions concerning compliance with and enforcement of this MAP Policy unilaterally. This MAP Policy is a unilateral declaration of policy by Company and does not reflect or constitute an agreement between Company and any Seller, any other authorized distributor, or any other person or entity, and by issuing this policy Company is not seeking any such agreement.

This Policy was last updated May 4, 2025.