Trademark and Trade Name

1. Five Gloves products shall be carried, advertised and sold only by Dealers/Retailers expressly authorized by Five Gloves. No Dealer or Retailer shall advertise, offer for sale, or sell any product bearing a Five Gloves trademark or trade name, unless expressly authorized to do so by Five Gloves.
2. By carrying, advertising or selling Five Gloves' products, Dealers and Retailers acknowledge and affirm Five Gloves' exclusive right to all trademarks, service marks, trade names, and designs utilized by Five Gloves to identify products. Authorization by Five Gloves for any Dealer or Retailer to carry, advertise and sell Five Gloves products does not grant Dealer/Retailer any right, title or interest in any Five Gloves' Trademarks, service marks, trade names, or designs. Five Gloves further reserves the right to change, from time to time, any such mark, name or design without Dealer's or Retailer's consent. Dealer/Retailer shall not simulate in any way any Trademarks, service marks, trade names, designs, signs, or insignia identifying Five Gloves' products.
3. Any signage to be used in advertising Five Gloves products shall be pre- approved by Five Gloves.
4. Five Gloves reserves the right to require the removal and disposal of any such signage upon twenty-four (24) hour notice. If Dealer/Retailer does not immediately discontinue use of such signage, Dealer/Retailer grants Five Glovesthe absolute right, at any time, and without prior notice, to enter onto Dealer/Retailer's premises to remove the subject signs.

Adherence to these Guidelines does not constitute any affiliation between Five Gloves and Dealer/Retailer.

Retail Trade

1. Five Gloves reserves the right, in its sole and absolute discretion, to deny any Dealer/Retailer authorization to carry, advertise and sell Five Gloves products. Five Gloves further reserves the right, in its sole and absolute discretion, to revoke any Dealer's/Retailer's authorization to advertise and/or sell Five Gloves products, for any reason, including, but not limited to, any Dealer/Retailer who advertises Five Gloves products at prices below the Minimum Retail Prices suggested by Five Gloves, irrespective of the mode or manner of such advertising.
2. Minimum Retail Price is defined as the current Manufacturer's Suggested Retail Price (MSRP) published by Five Gloves. 1 Dealers/Retailers shall prominently and conspicuously display in close proximity to the product being offered for sale, the MSRP for each product being offered for sale, and shall provide the Dealer's/Retailer's phone number and physical location address with every item. Dealer's/Retailer's phone number and physical location address with every item. Dealer/Retailer may not advertise Five Gloves products in any manner that would serve to reduce the MSRP or suggest a price that is less than the MSRP. Accordingly, Dealers and Retailers may not advertise "call for price", click for price, click for best offer, or submit price or engage in any other similar advertising method or practice, including but not limited to the offering of club memberships, using coupons, offering rebates, offering package deals, advertising Only RETAIL PRICES may be listed, Call or email for the best service, or establishing an automated e-mail or phone inquiry system that automatically replies with a discount code, that has the effect of, or results in, reducing the Dealer/Retailer's advertised price below the Minimum Retail Price. For purposes of advertising made via internet or other online method, the entire websites part of the advertisement. In addition to the foregoing, any advertisements made via online auction (including, but not limited to, eBay), shall only include an advertised price of MSRP.
3. No Dealer/Retailer shall represent, or hold themselves out as a Five Gloves Store, Five Gloves Outlet, or Five Gloves affiliate, unless expressly consented to in writing by Five Gloves. To this end, Dealers and Retailers shall not establish e-mail addresses that utilize the Five Gloves name or any derivation thereof, e.g., FIVE-GLOVES@XXXXXXX.com or ______@ Five- Gloves.com in their advertising and promotional materials.
4. Customer loyalty programs that provide customers with a non-transferrable credit against future purchases in an amount fixed as a portion orpercentage of the prior sale amount are not considered a violation of these Guidelines. Transferrable coupon offers that provide customers, whether new or existing, with the right to buy Five Gloves products at discounted prices are advertisements that violate these Guidelines regardless of the manner in which the subject coupons are offered/distributed.
5. No product carrying the Five Gloves Trademark, trade name, service mark or design shall be sold from one Dealer/Retailer to another Dealer/Retailer, unless the selling and purchasing Dealer/Retailer are both authorized Five Gloves Dealers/Retailers.
6. Violation of Policy: While Dealers have the complete freedom to resell Five Gloves Products at any price that they choose. If Five Gloves verifies that a Dealer is advertising Five Gloves Products below the MAP or is otherwise violating this policy, Five Gloves will impose the following penalties:
   • Upon the first violation, Five Gloves will issue a written notice of violation to the Dealer and will give the Dealer an opportunity to remove from publication (including Internet) any price advertising that violates this policy within 24 hours.
   • Upon a second violation, a second written notice will be issued, and the Dealer's right to purchase Five Gloves products will automatically be suspended for a period of 60 days after the date of second notice.
   • Upon a third violation, a third written notice will be issued and, in Five Gloves' sole discretion, the Dealer's right to purchase Five Gloves products will automatically be suspended for a period to be determined by Five Gloves or Dealer will be terminated. Separate violations will be deemed to have occurred if a violation continues after five Gloves has issued a notice of violation to a Dealer (e.g., the same offending advertisement runs on multiple occasions or in different media). The preceding enforcement measures are necessary to protect Five Gloves' reputation and the integrity of its products.

Intentional Violations: Intentional failure to abide by this Policy will result in sanctions unilaterally imposed by Five Gloves. The level of sanctions will be determined by Five Gloves in its sole discretion. Five Gloves does not intend to do business with Dealers who degrade the image of Five Gloves and its products. In the event of an intentional violation, Five Gloves may choose to, but need not provide prior notice or issue warnings before terminating a Dealers' account or taking any other action under this Policy.