11-12-2014 Council Agenda - Laserfiche WebLink

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"Fixture Security Doors" means transparent locking doors that attach to a Fixture Body to prevent direct access by consumers to cigarettes merchandised in the Fixture Body. "Horizontal Set" means the merchandising configuration depicted in Exhibit A and described in Exhibit C, Section 1.D.(1)(a)(ii). "Incentive" means the PM USA Custom Signage Incentive or the PM USA Scan Data Incentive. "Interior Cigarette Sign" means any Cigarette Sign inside a Store that is posted to be visible to adult tobacco consumers inside the Store. "Introductory Period" means, with respect to a New Offering, the period of six months (or such other duration as may be designated by PM USA) after the first retail delivery date for such New Offering. "Inventory Storage Cabinet" means a space at the bottom of a Fixture Body that can be closed so that no item contained in such space is visible to adult tobacco consumers. "Line of Sight" means within reasonable proximity of a Selling Counter and in the full direct view and control of Store personnel at such Selling Counter, all as determined by PM USA. "Marlboro Black Packing" means any Marlboro cigarette packing designated to be merchandised in the Marlboro Black brand zone, as determined by PM USA. "Marlboro Green Packing" means any Marlboro cigarette packing designated to be merchandised in the Marlboro Green brand zone, as determined by PM USA. "Marlboro Performance Options" or "MPO" means PM USA Promotions available to Stores participating in the Program at the Premium Level that meet the eligibility requirements communicated in the applicable Promotion Notice. "Marlboro Product Promotion" means a PM USA Product Promotion on a Marlboro cigarette packing. "Marlboro Product Promotion Acceptance" has the meaning set forth in Exhibit C, Section 4. "Master Settlement Agreement" or "MSA" means the agreement executed as of November 23, 1998, by certain tobacco product manufacturers and the settling states (as defined in the Master Settlement Agreement). A link to the Master Settlement Agreement can be found on the Internet at www. ph ilipmorrisusa. com. "Merchandising Payment" means a payment for performance made by PM USA, in accordance with Exhibit E, to Retailer with respect to a Store. Merchandising Payments are calculated monthly but paid quarterly. "New Offering" means, with respect to a Store, a cigarette packing that PM USA offers or allocates to that Store for the first time and which is designated by PM USA as a "New Offering." "No Access Store" means a Store that does not allow customers to enter and that has a selling window in front of one or more Selling Counters between the customers and Store personnel. "Non -Promoted Price" means the price at which a Store would sell a PM USA promoted brand to adult tobacco consumers if no Promotional Allowances were available to reduce the price of such brand. "NSS" stands for Non -Self -Service, which means a manner of merchandising and selling tobacco products such that they are stored under lock or positioned to prevent direct access by customers, and are sold in a face-to-face exchange with Store personnel. Exhibit A Page 2 of 5 24