Effective January 1, 2008 REDEMPTION OF CASTELLI USA, L.L.C. COUPONS INDICATES ACCEPTANCE AND COMPLIANCE WITH THIS REDEMPTION POLICY (THE “AGREEMENT”) ON THE PART OF THE RETAILER. NOTWITHSTANDING ANY COURSE OF DEALINGS BETWEEN US, NO PURCHASE ORDER, INVOICE, RETAILER POLICY OR SIMILAR DOCUMENT SHALL BE CONSTRUED TO MODIFY ANY OF THE TERMS OF THIS AGREEMENT. Redemption at the Store: 1. Coupons are redeemable only by a consumer purchasing the specific brands and product(s) stated on the coupon, with the face value of the coupon deducted from your retail price. 2. Only one coupon shall be honored for each item purchased. 3. Coupons must be redeemed by the consumer on or before their expiration dates. 4. Coupons may not be reproduced, photocopied, mutilated, trimmed or altered in any way by the retailer. 5. Castelli USA, L.L.C. will not reimburse retailers for additional discounts given by the retailers beyond the face value of the coupon (i.e., doubling of manufacturer coupons). 6. Coupons are non-assignable and are void if transferred from their original recipient to any other person, firm or group. Castelli USA, L.L.C. does not permit the unauthorized distribution, collection, sale, or assignment of its coupons for any reason. Therefore, coupons are not to be used in swapboxes, taped to product or placed on hooks near Castelli USA, L.L.C. products, gathered and distributed by any person or group for charitable fund-raising purposes, or otherwise used in anyway except as described in Section 1 above. 7. Coupons are void if taxed, restricted, or prohibited by law. 8. The consumer is required to pay any applicable sales tax. 9. Coupons will be redeemed only at retail locations located in the United States, its territories and at U.S. Military bases. 10. Castelli USA, L.L.C. will not honor coupons submitted more than 6 months after their expiration date.
Processing Coupons for Payment: 1. Castelli USA, L.L.C. will only accept properly redeemed and identified coupons: (a) directly from the retailer, or through authorized (b) retailer clearinghouse, (c) retailer-billing agent, or (c) wholesaler-billing agent. All requests for redemption without submitting the actual coupons will be denied. 2. All applicable IRS reporting requirements, including obtaining an appropriate taxpayer identification number must be complied with. 3. To redeem coupons for Castelli USA, L.L.C. products, send properly redeemed coupons to the location listedon the coupon.
Policy for Payment and Denials: 1. Reimbursement for all properly redeemed coupons presented in a timely manner will be made for thefollowing three items: (A) Face value of coupons.(B) Eight cents (8¢) for handling each coupon properly redeemed to cover the following costs: (i) Front-End Handling by the retailer (ii) Store to Headquarters Accounting (iii) Store Occupancy (iv) Sundry Loss (v) Cost of Funds (vi) Coupon Processing (including, but not limited to, any special handling, invoice preparation, or other fees) (C) We will not pay for any administrative or consolidation fees and, except as described in (ii) below, we will not pay any other upcharges that a retailer or retailer agent may assess in lieu of such passthrough/out-of-pocket expenses. The transportation costs will bereimbursed as follows: (i) Castelli USA, L.L.C. will reimburse for incurred reasonable postage (i.e., first class mail insured) as indicated on the package received. 2. Retailers, clearing house or billing agents will NOT be reimbursed for unreasonable postage or any additional fees of any type. 3. Coupon reimbursements and coupon adjustments CANNOT be deducted from product invoices or purchase orders under any circumstance. Invoice deductions and deduction fees are NOT in compliance with Castelli USA, L.L.C.’s redemption policy. 4. Castelli USA, L.L.C. reserves the right to request evidence of proof of purchase to show that sufficient stock was purchased to justify the number of coupons submitted and reserves the right to audit the coupon sorting and billing service of any retailer or any agent involved in the handling process. 5. Any lawsuit involving coupon processing or payment disputes shall be brought within 18 months of the original date of coupon payment or such claims shall be deemed extinguished. Any such lawsuit shall be filed and conducted in a state or federal court located in New Jersey. Each party shall be responsible for its own attorney’s fees and costs. 6. Castelli USA, L.L.C. reserves the right to forward coupons, which Castelli USA, L.L.C. judges to be misredeemed, to law enforcement agencies for their review and investigative purposes. Miscellaneous Terms: 1. The cash redemption value of each coupon is 1/20 of one cent. 2. It is fraud to present coupons for redemption other than as provided by this Agreement. 3. FAILURE TO OBSERVE THESE TERMS AND CONDITIONS FOR PROPER REDEMPTION MAY AT THE SOLE OPTION OF CASTELLI USA, L.L.C. VOID ALL COUPONS SUBMITTED FOR REIMBURSEMENT AND ALL COUPONS MAY BE RETAINED AS PROPERTY OF CASTELLI USA, L.L.C. WITHOUT PAYMENT. 4. Failure to enforce any terms or conditions of this Agreement shall not be deemed a waiver of such terms or conditions.
