Hybrid Solutions Unilateral Pricing Policy

Turtle Wax, Inc.

Hybrid Solutions Product Line

Unilateral Pricing Policy – U.S.A. and Canada

The TURTLE WAX story started with the launch of the first-ever liquid auto polish in 1944. Nearly 75 years later, the ‘Most Innovative Brand in Car Care’ is still capturing the attention of the auto appearance category as the No. 1 selling brand in US retail in spray wax, car wash, carpet & fabric care, and more.* With product distribution in more than 90 countries, the TURTLE WAX brand resonates around the globe, but the brand's heart remains in its hometown of Chicago, where award-winning innovation is developed to this day. It is because of the brand’s dedication to innovation and customer service that we also have captured more consumer mindshare than any other brand in the category – touting more than 90% unaided awareness and being a pop culture staple. 

We recognize that our high-quality Dealers invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and compelling vendor presentation.  To support our Dealers’ efforts, Turtle Wax, wishes to establish policies that allow Dealers to earn the profits necessary to maintain the high level of customer excellence people have come to expect from Turtle Wax Dealers.

In order to successfully compete in the marketplace and to maintain its premium brand image, Turtle Wax has announced this Unilateral Price Policy (“Unilateral Policy” or “Policy”).  Hereafter, all sales from Dealers to End Users of products set forth in Turtle Wax’s Unilateral Price Grid inside the United States and Canada shall be subject to this Unilateral Policy.

Turtle Wax’s products covered by this Policy and their coordinating minimum advertised prices are set forth in the Unilateral Price Grid which shall be delivered or otherwise made available by Turtle Wax to the Dealer.  Turtle Wax reserves the right from time to time to alter, modify, suspend, or cancel this Unilateral Policy, the products covered, and/or the minimum resale prices. 

This Policy does not restrict the Dealer’s right to establish independent advertised and/or resale prices of Company products.  Turtle Wax reserves the right to determine whether a Dealer has advertised Company products at a net advertised price less than the minimum advertised price established in this Unilateral Policy.  Upon such determination Turtle Wax may, without assuming any liability, cancel all orders and may indefinitely refuse to accept new orders from the Dealer.

This Policy has been unilaterally adopted by Turtle Wax.  Turtle Wax neither solicits nor will it accept assurances by a Dealer of acquiescence with this Policy.  Nothing in this Policy shall constitute an agreement between Turtle Wax and any Dealer of compliance with this Policy.  The Dealer within its own discretion can choose to acquiesce or not acquiesce with this Policy.  Turtle Wax will not discuss conditions of acceptance related to this Policy.  This Policy is non-negotiable and will not be altered, modified, or amended for any Dealer. 

Combining a product(s) from the Unilateral Price Grid with any other product for a sale price lower than the combined price of what the two (2) products could be purchased independent of each other shall not constitute acquiescence with Company’s Unilateral Policy.

The issuance of non-Company announced rebates (in any form) on a product(s) listed in the Unilateral Price Grid shall not constitute acquiescence with Company’s Unilateral Policy.

Advertising that requests the End User to "see price in cart," "click to see price," "add to cart for best price," or presents "Why we do not show a price?" or a price that is struck through, no price listed, or any language or graphic representation that implies, or from which the End User can infer, that the End User click through to the cart to see a price lower than that set forth in the Unilateral Price Grid shall not constitute acquiescence with Company’s Unilateral Policy.

The offer of free shipping, subscription, or financing on product(s) in the Unilateral Price Grid shall constitute acquiescence with Company’s Unilateral Policy.

Company, from time to time within its sole discretion, may announce promotion prices and bundles of the products listed in the Unilateral Price Grid which shall constitute acquiescence with Company’s Unilateral Policy.

This Unilateral Policy applies only to advertised prices and does not apply to the price at which the HS Products are actually sold or offered for sale to an individual consumer within the Reseller’s location, over the telephone or through email.

Turtle Wax may offer a direct manufacturer’s rebate to Resellers. In such event, it shall constitute acquiescence of this Unilateral Policy to advertise the availability of the manufacturer’s rebate, provided that (a) the advertisement includes the applicable price in the UP grid, the rebate amount, and the net price after manufacturer’s rebate in the same type size and style; (b) an asterisk is placed next to the net price after manufacturer’s rebate; and (c) the “*After manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.

Company’s sales personnel have no authority to modify or grant exceptions to this Policy.  All questions regarding interpretation of this Policy should be directed to the Company Policy Coordinator at: [email protected]