11-12-2014 Council Agenda - Laserfiche WebLink

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"Number One," "Number Three," and "Number Five" mean, with respect to a location, the position designated as such by PM USA, "OCMA" stands for Other Cigarette Merchandising Area, which means an area in a Store, other than the PCMA, in which cigarettes are visibly merchandised an one or more Fixtures. There may be multiple OCMAs in a Store. "OPM" stands for Overhead Pack Merchandiser, which means a stationary cigarette merchandising unit with cigarettes facing Store personnel that is located above a Selling Counter. "Participation Level" means the Choice Level or the Premium Level of participation under the Program. "PCMA" stands for Primary Cigarette Merchandising Area, which means the area in a Store, located either entirely behind a Selling Counter or entirely within the Line of Sight of a Selling Counter within a Transaction Area designated by PM USA to be the main area in which cigarettes are merchandised on Fixtures. To constitute the PCMA, an area must consist of one Fixture or two or more Fixtures that are horizontally contiguous or in close proximity to each other, as determined by PM USA. There may be only one PCMA in a Store. "Plan -Cl -Gram" means the PM USA -approved diagram prepared in connection with, and attached to, the Agreement, or such other plan -o -gram as approved by PM USA. "PMO" stands for the Progressive Merchandising Option, which means the option that Retailer may elect with respect to a Store in which Retailer agrees not to merchandise cigarettes or place Cigarette Signs, or brand imagery associated with cigarettes, on, above, or attached to the front of certain Selling Counters, as described in Exhibit C, Section 2. "PM USA Carton Limit" means 5 cartons of PM USA Cigarettes sold by a Store per day to a single adult tobacco consumer. "PM USA Cigarettes" means cigarettes sold by PM USA and intended for resale in the United States domestic market. "PM USA Custom Signage Incentive" means the Program incentive paid in consideration for Retailer printing and placing PM USA custom signage, as described in Exhibit D. "PM USA Off -Invoice Promotion" means a PM USA Promotion pursuant to which PM USA reduces by a specified PM USA Off -Invoice Promotional Allowance the price at which PM USA sells PM USA Cigarettes or other PM USA products to its direct customers, "PM USA Off -invoice Promotional Allowance" means the monetary amount by which PM USA reduces the price at which PM USA sells PM USA Cigarettes or other PM USA products to its direct customers in connection with the applicable PM USA Off -Invoice Promotion. "PM USA Portion" means an uninterrupted portion within, and at the top of, one or more Fixture Bodies iri either the PCMA or an OCMA that is used for merchandising PM USA products and displaying PM USA Cigarette Signs. The area of the PM USA Portion is equal to the PM USA Share of the Category Space in the PCMA or an OCMA, subject to a maximum of 65% of the Category Space. "PM USA Product Promotion" means a single pack or multiple specially packaged and marked packs, cartons or other product units of any PM USA product offered by PM USA to its direct customers at a special list price or with a PM USA Off -Invoice Promotional Allowance. "PM USA Promotion" means any promotion or incentive offered by PM USA in connection with PM USA products. Exhibit A Page 3ofs 25