11-12-2014 Council Agenda - Laserfiche WebLink

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"PM USA Promotional Allowance" means a PM USA Off -Invoice Promotional Allowance, a PM USA Retail Price Promotional Allowance, or any promotional funds earned under a Marlboro Performance Option. "PM USA Retail Cigarette Reporting Package" means the PM USA Retail Cigarette Reporting Package attached to the Agreement as Exhibit K. "PM USA Retail Price Promotion" means a PM USA Promotion pursuant to which a Store must reduce the Non -Promoted Price at which such Store sells specified PM USA products by no less than a specified amount in consideration of a PM USA Retail Price Promotional Allowance paid directly by PM USA to Retailer with respect to such Store. "PM USA Retail Price Promotional Allowance" means the monetary amount paid directly by PM USA to Retailer with respect to a Store, in connection with a PM USA Retail Price Promotion. "PM USA Scan Data" means electronic scan data detailing PM USA Cigarette sales, as more fully described in Exhibit K. "PM USA Scan Data Incentive" means the Program incentive paid in consideration of Retailer's submission of PM USA Scan Data in accordance with Exhibit K. "PM USA Share" means a percentage equal to the greater of (1) PM USA's share of the aggregate cigarette purchases (as reported in STARS) by a Store, and, for any Store that is part of a Chain, all stores associated with such Store's AGDC management account number, or (ii) PM USA's share of the aggregate cigarette purchases (as reported in STARS) by all stores in the AGDC sales district in which the Store is located (or state, if the Store is located in Alaska or Hawaii), or if the Store is part of a Chain, the AGDC sales district in which the Chain's headquarters, or the Chain division's headquarters that signs the Agreement, is located (or state, if located in Alaska or Hawaii). Cigarette purchases by a store located in Alaska or Hawaii will not be included in the calculation of the PM USA share for the AGDC sales district that includes either such state. "PM USA Signage Zone" means the area described In the applicable image on Exhibit H. The PM USA Signage Zone does not include any area that is occupied by, or is located directly above, a fixture in which non -cigarette tobacco products are merchandised across the entire top shelf. For No Access Stores, the PM USA Signage Zone is the portion of the selling window extending from the top edge to the bottom edge of the selling window in a location designated by PM USA and extending across a portion of the selling window equal to the PM USA Share of the width of the selling window up to a maximum of 50% of the width of the selling window. "PM USA Trade Policies" means policies promulgated by PM USA and made available to Retailer, including but not limited to, policies applicable to contraband PM USA cigarettes, remote cigarette sales, and underage tobacco sales prevention, as such policies may be issued, modified, or supplemented from time to time by PM USA. "Promotion Notice" means a communication or retail trade announcement delivered through the Website, regular mail, electronically, or any other means from PM USA to Retailer containing the PM USA Promotional Allowance amounts, duration, eligibility, and other information regarding a PM USA Promotion. "Promotion Period" means a period specified by PM USA during which PM USA offers a particular PM USA Promotion. "Retailer's Choice Portion" means any portion of Category Space not occupied by the PM USA Portion. "Selling Counter" means a horizontal surface in a Store, usually containing one or more cash registers and staffed at all times, that serves as a point of purchase of tobacco products by adult tobacco Exhibit A Page 4 of 5 26