ResMed Corp.
US Internet Minimum Advertised Price (MAP) Policy
Effective August 1, 2022
Most recent version available on ResMed.com - https://www.resmed.com/en-us/healthcare-professional/business-resources/for-hme-suppliers/internet-sales-and-advertising/
ResMed Corp. ("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 (“Authorized Providers”), who are invested in the ResMed brand and are committed to providing the high level of service, attention, and information that patients expect and need when purchasing and using ResMed products. Further, ResMed believes that its interests and the interests of patients are best served by discouraging advertising practices that undermine the reputation, brand, and premium image of ResMed products and that take unfair advantage of the promotional efforts of ResMed and its Authorized Providers.
ResMed unilaterally adopts this US Internet Minimum Advertised Price (MAP) Policy (“Internet MAP Policy”) to promote the success of ResMed and its Authorized Providers, and to encourage Authorized Providers to continue to provide superior service, position the product correctly, and promote ResMed’s products, brand image and the features and benefits of its products, consistent with applicable law.
This Internet MAP Policy is effective as of August 1, 2022 and supersedes the prior ResMed US Internet Minimum Advertised Price (MAP) Policy dated January 15, 2016. This Internet MAP Policy applies only to Authorized Providers in the United States.
This Internet MAP Policy applies to all advertisements of the ResMed products identified on ResMed’s Internet MAP Policy Price List, Attachment A (“Covered Products”).
“Advertise” or “advertising” is the public promotion of ResMed products for sale, and includes but is not limited to pricing and promotional information 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 or to pricing information displayed at the “Final Online Checkout Stage,” which is when the Covered Product is put into an online shopping cart that contains the customer’s name, shipping address, email address, and payment information to complete the transaction. Please note that pricing information in the “shopping cart” or the Final Online Checkout Stage must be obscured technically so that it is not retrievable by shopping and pricing engines and not displayed on search page results within the Authorized Provider’s own website.
To be considered compliant with this Internet MAP Policy, an Authorized Provider must adhere to the following:
1. Advertise the Covered Products at prices no lower than the prices set forth in the Internet MAP Policy Price List. This also applies to membership sign-up discounts, company-wide sales and special sales. ResMed reserves the right to change the prices on the Internet MAP Policy Price List at its sole discretion at any time.
2. Do not offer free or discounted products with the purchase of Covered Products. Do not advertise 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.)
3. ResMed products may be combined or bundled and advertised at prices on or above the combined MAP price of the included items set forth in the Internet MAP Policy Price List.
4. A maximum of 15% discount from MAP price may be advertised for mask replacement parts (cushions, headgear, frames, elbows) for ongoing Subscription or auto-replenishment programs, provided that the Covered Product is eligible for such programs as specified in Attachment A. This does not include devices or accessories directly applied to devices.
5. Statements such as “call for price” or “log in for price and availability” are allowed as long as no price is listed on the product page or advertisement.
Direct or indirect attempts to circumvent this Internet MAP Policy also violate this Internet MAP Policy.
Failure to comply with this Internet MAP Policy may result in a progressive step response:
1st instance of advertising Covered Product(s) inconsistent with the Internet MAP Policy will lead to orders of said product(s) suspended for a period of 30 days.
2nd instance of advertising Covered Product(s) inconsistent with the Internet MAP Policy will lead to orders of said product(s) suspended for a period of 60 days.
3rd instance of advertising Covered Product(s) inconsistent with the Internet MAP Policy will lead to orders of said product(s) suspended for a period of 90 days.
4th instance of advertising Covered Product(s) inconsistent with the Internet MAP Policy will lead to cancellation of all pending orders of said product(s). No further orders will be accepted indefinitely.
It is not the purpose or intent of this Internet MAP Policy to restrict, coerce, or force an Authorized Provider to charge a particular price for any ResMed product, including the Covered Products. Further, this Internet MAP Policy applies only to advertised prices and not to the prices at which Covered Products are sold. Authorized Providers remain free to sell and advertise all ResMed products at any price they choose, subject to applicable law.
This Internet MAP Policy is a unilateral statement of ResMed’s intent. The Internet MAP Policy is not a contract, or an offer to form a contract. ResMed does not ask, and will not accept, any agreement about an Authorized Provider’s compliance with or acceptance of this Internet MAP Policy. The Internet MAP Policy describes the terms under which ResMed may, in its sole discretion, choose to sell Covered Products. Each Authorized Provider must independently decide whether to comply with this Internet MAP Policy.
ResMed Sales Representatives are strictly prohibited from discussing the Internet MAP Policy or retail pricing practices with any Authorized Provider. ResMed Sales Representatives are also strictly prohibited from seeking or accepting any assurance of compliance with this Internet MAP Policy. All questions regarding this Internet MAP Policy should be directed, in writing, to InternetSales@ResMed.com.
ResMed will not discuss the business dealings of any account with any other account. Therefore, ResMed does not seek any complaints or comments from its accounts about the practices of any other account. ResMed acts in its sole interest, based on its own information and decisions, in administering this Internet MAP Policy. ResMed reserves the right to change or discontinue this Internet MAP Policy at any time, and no Authorized Provider has any right to rely on the continued existence of it. ResMed always reserves the right to choose those retail accounts with which it will do business and the right to accept or reject any purchase order from any account at any time.
The Internet MAP Policy is not related to any other ResMed policy or program.
