11-12-2014 Council Agenda - Laserfiche WebLink

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days after beginning employment, and (111) all employees who sell tobacco products complete We Card Training or equivalent training once every 12 months. (b) Printed materials supplied by PM USA or a third party designated by PM USA relating to preventing underage access to tobacco must be displayed in a prominent location in each Store. (3) MSA Compliance. Retailer acknowledges that PM USA is required to comply with the terms of the Master Settlement Agreement. Retailer agrees not to use or advertise any PM USA cigarette brand name, trademark, logo, symbol, motto, or selling message in any way that PM USA may not, including but not limited to, posting any billboard or any Exterior Cigarette Sign in excess of 14 square feet bearing a PM USA cigarette brand name, trademark, logo, symbol, motto, or selling message. Notwithstanding the preceding sentence, a Store may maintain a Signboard that is larger than 14 square feet, provided the total space occupied by all cigarette advertising, as determined by PM USA, does not exceed 14 square feet and PM USA cigarette brands are in the Number One position on the Signboard. The space occupied by cigarette advertising includes vacant portions of the Signboard surrounding cigarette advertising, but does not include portions of the Signboard dedicated to advertising services or products other than cigarettes, (4) Inventory Levels. At all times, a Store must keep in stock and merchandise at least one carton or 10 packs of undamaged product of each of the Designated Marlboro Packings, not including any PM USA Product Promotions. (5) New Offerings. If PM USA recommends that PM USA New Offerings be sold in a Store, such Store must accept such New Offerings for sale during the Introductory Period specified by PM USA and must merchandise such New Offerings as specified by PM USA, Participation in any PM USA non -cigarette product distribution is not a condition of Retailer's participation in the Program. B. Illuminating PM USA Shelf Signs and Fixture Headers. If any component within or attached to any Fixture, or any sign contained within any Fixture is illuminated or otherwise uses electricity, all PM USA Cigarette Signs and Fixture Headers containing PM USA Cigarette Signs must be illuminated. C. Minimum Pack Size Requirement. All cigarettes must be sold in packs of at least 20 cigarettes, D. Website Access Requirement. Retailer must log on to the Website at least once during each quarter. If Retailer does not yet have a valid user account for the Website, Retailer must go to the Website and create such an account, using a valid email address, before logging on. 4. Marlboro Product Promotion Acceptance. If Retailer participates in Marlboro Product Promotion Acceptance, Retailer must meet the requirement set forth below. A. Retailer authorizes PM USA to order on such Store's behalf, from Retailer's designated STARS -reporting wholesaler, all quantities of each Marlboro Product Promotion offered by PM USA to such Store. Within two STARS Weeks after the first retail delivery date (including the STARS Week during which the first retail delivery date occurs), such Store must purchase at least 85% of such PM USA -ordered quantities. A Store will be measured under this requirement for all ordered Marlboro Product Promotions scheduled for delivery during each STARS Quarter. B. Notwithstanding the requirement above, Retailer, with respect to a Store, will not be required to purchase in any STARS Quarter Marlboro Product Promotions in aggregate quantities in excess of 10% of such Store's prior year average quarterly Marlboro revenue cigarette purchase volume (or, for a Store that has no such prior year average purchase volume, 10% of the prior year average quarterly Marlboro revenue cigarette purchase volume of stores in the same trade class in the AGDC sales district in which the Store is located), all as reflected in STARS. Such information with respect to each Store will be available on the Website. Exhibit 8 Page 5 of 6 32