Question 1

US Internet New Product Introduction Policy

Accepted Answer

Effective June 1, 2022
Resmed Corp. (“Resmed”) continues to introduce new and superior products with new technology or designs. The successful introduction of new products is very important to Resmed because of its large investment in research and development, manufacturing, and advertising new products. Resmed unilaterally adopted the Internet New Product Introduction Policy to promote the success of Resmed and its authorized online providers, and to benefit consumers who receive a high level of service, attention, and information from our authorized online providers.
Resmed continues to believe that its product introduction goals are best served by offering its new products through authorized online providers that provide superior service, position the product correctly, and that aggressively promote Resmed products, its brand image and the features and benefits of its products. Resmed’s interests are best served by discouraging sellers who take unfair advantage of the promotional efforts of Resmed and its authorized online providers during the introduction of new products.
Resmed has decided that sellers that choose not to follow Resmed’s US Internet New Product Introduction Policy will damage the Resmed’s new product introduction goals.
As of the effective date listed above, Resmed has unilaterally decided to authorize the Internet sales and advertising of its New Products (as listed on Attachment A, as attached hereto) to only to those authorized online providers, and, in the sole and independent opinion of Resmed, meet the following criteria:

Seller is authorized as an online provider by Resmed.
Do not advertise, list or sell Resmed products on any site except the approved site, including but not limited to online auction, market or comparison sites.
Sell Resmed’s New Products only to end users and not to unauthorized retailers or third parties engaged in gray market sales.
Advertise the New Products at prices no lower than the prices set forth on Attachment A. This also applies to membership sign-up discounts, company-wide sales and special sales.
Do not offer free or discounted products with the purchase of products covered by Resmed’s Internet MAP Policy. Do not advertise or sell 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.)
Do not use statements such as “call for price” or “call for quote” or any other statement designed to communicate prices lower than those set forth in Attachment A. Specifically, and without limitation, Internet Providers shall not advertise that lower prices are available in the shopping cart or at checkout.
Use only marketing material, logos, product images and collateral provided or authorized by Resmed. Prominently display Resmed logos and products on the Internet Provider’s site. Do not disparage Resmed or its products. Do not communicate this Internet New Product Introduction Policy to patients.
State the Internet Provider’s service policy on its website, including procedures for handling warranties and returns, customer service telephone numbers, and a street address for customer service and shipping returns.
Do not sell or market the New Products in any way that disparages or injures Resmed or its existing products.
Do not use any of the New Products in any illegal, deceptive, undesirable or improper retail practices, including loss leaders, bait and switch, or negative selling practices.
Comply with all state and federal laws applicable to the sale of Resmed products. Comply with Resmed’s terms and conditions of sale and provide data on all Internet transactions.
Explicitly set forth that a prescription is required for Resmed products that require a prescription. Do not suggest or imply that Resmed prescription products may be purchased without a prescription. Apply therapy settings in accordance with the practitioner’s prescription.
Do not advertise or sell New Products outside the US.

Failure to comply with these criteria may result in a progressive step response:

1st instance of identifying a product(s) incompliant with the New Product Introduction Policy will lead to orders of said product(s) suspended for 30 days
2nd instance of identifying a product(s) incompliant with the New Product Introduction Policy will lead to orders of said product(s) suspended for 60 days
3rd instance of identifying a product(s) incompliant with the New Product Introduction Policy will lead to orders of said product(s) suspended for 90 days
4th instance of identifying a product(s) incompliant with the New Product Introduction Policy will lead to orders of said product(s) suspended indefinitely until Resmed determines

It is not the purpose or intent of this Policy to restrict, coerce, or force a seller to charge a particular price for any Resmed product, including the New Products. Instead, this Policy simply describes the attributes of retail accounts that the Company will work with on New Product introductions.
Resmed will not sell New Products during the new product introduction period to accounts that choose not to observe this New Product Introduction Policy.
This New Product Introduction Policy is a unilateral statement of Resmed’s intent. The New Product Introduction Policy is not a contract, or an offer to form a contract. Resmed does not ask, and will not accept, any agreement about an account’s compliance with or acceptance of this Policy. The Policy describes the terms under which Resmed may, in its sole discretion, choose to sell New Products. Resmed Sales Representatives are strictly prohibited from discussing the New Product Introduction Policy or retail pricing practices with any account. Resmed Sales Representatives are also strictly prohibited from seeking or accepting any assurance of account compliance with this Policy. All questions regarding this 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 Policy. Resmed reserves the right to change or discontinue this Policy at any time, and no account 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 New Product Introduction Policy is not related to any other Resmed policy or program.

Question 2

US Internet Minimum Advertised Price (MAP) Policy

Accepted Answer

Effective August 1, 2022
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:

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.
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.)
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.
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.
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.

Question 3

Canadian Internet New Product Introduction Policy

Accepted Answer

Effective January 22, 2024
Resmed Corp. (“Resmed”) continues to introduce new and superior products with new technology or designs. The successful introduction of new products is very important to Resmed because of its large investment in research and development, manufacturing, and advertising new products. Resmed unilaterally adopted the Internet New Product Introduction Policy to promote the success of Resmed and its authorized online providers, and to benefit consumers who receive a high level of service, attention, and information from our authorized online providers.
Resmed has established this Canadian Internet Advertising and Sales Policy (the “Internet Policy”) to describe attributes of those customers it may authorize to advertise and sell Resmed’s products on the Internet (“Internet Providers”). Resmed requires that its products be advertised and sold over the Internet only by Internet Providers and only if consistent with this Internet Policy.
Resmed continues to believe that its product introduction goals are best served by offering its new products through authorized online providers that provide superior service, position the product correctly, and that aggressively promote Resmed products, its brand image and the features and benefits of its products. Resmed’s interests are best served by discouraging sellers who take unfair advantage of the promotional efforts of Resmed and its authorized online providers during the introduction of new products.
Resmed has decided that sellers that choose not to follow Resmed’s Canadian Internet New Product Introduction Policy will damage the Resmed’s new product introduction goals.
As of the effective date listed above, Resmed has unilaterally decided to authorize the Internet sales and advertising of its New Products (as listed on Attachment A, as attached hereto) to only those authorized online providers who, in the sole and independent opinion of Resmed, meet the following criteria:

Seller is authorized as an online provider by Resmed.
Do not advertise, list or sell Resmed products on any site except the approved site, including but not limited to online auction, market or comparison sites.
Sell Resmed’s New Products only to end users and not to unauthorized retailers or third parties engaged in gray market sales.
Advertise the New Products at prices no lower than the prices set forth on Attachment A. This also applies to membership sign-up discounts, company-wide sales and special sales.
Do not offer free or discounted products with the purchase of products covered by Resmed’s Internet MAP Policy. Do not advertise or sell non-Resmed products together with Resmed products as part of a combined therapy product offering. (The Internet MAP Policy is not intended to restrict sales of non-Resmed products.)
Do not use statements such as “call for price” or “call for quote” or any other statement designed to communicate prices lower than those set forth in Attachment A. Specifically, and without limitation, Internet Providers shall not advertise that lower prices are available in the shopping cart or at checkout.
Use only marketing material, logos, product images and collateral provided or authorized by Resmed. Prominently display Resmed logos and products on the Internet Provider’s site. Do not disparage Resmed or its products. Do not communicate this Internet New Product Introduction Policy to patients.
State the Internet Provider’s service policy on its website, including procedures for handling warranties and returns, customer service telephone numbers, and a street address for customer service and shipping returns.
Do not sell or market the New Products in any way that disparages or injures Resmed or its existing products.
Do not use any of the New Products in any illegal, deceptive, undesirable or improper retail practices, including loss leaders, bait and switch, or negative selling practices.
Comply with all federal, provincial, territorial, and local laws applicable to the sale of Resmed products. Comply with Resmed’s terms and conditions of sale and provide data on all Internet transactions.
Do not advertise or sell New Products outside Canada.

Failure to comply with these criteria may result in a progressive step response:

1st instance of identifying a product(s) incompliant with the New Product Introduction Policy will lead to orders of said product(s) suspended for 30 days
2nd instance of identifying a product(s) incompliant with the New Product Introduction Policy will lead to orders of said product(s) suspended for 60 days
3rd instance of identifying a product(s) incompliant with the New Product Introduction Policy will lead to orders of said product(s) suspended for 90 days
4th instance of identifying a product(s) incompliant with the New Product Introduction 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 Policy to restrict, coerce, or force a seller to charge a particular price for any Resmed product, including the New Products. Instead, this Policy simply describes the attributes of retail accounts that Resmed will work with on New Product introductions.
Resmed will not sell New Products during the new product introduction period to accounts that choose not to observe this New Product Introduction Policy.
This New Product Introduction Policy is a unilateral statement of Resmed’s intent. The New Product Introduction Policy is not a contract, or an offer to form a contract. Resmed does not ask, and will not accept, any agreement about an account’s compliance with or acceptance of this Policy. The Policy describes the terms under which Resmed may, in its sole discretion, choose to sell New Products. Resmed Sales Representatives are strictly prohibited from discussing the New Product Introduction Policy or retail pricing practices with any account. Resmed Sales Representatives are also strictly prohibited from seeking or accepting any assurance of account compliance with this Policy. All questions regarding this 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 Policy. Resmed reserves the right to change or discontinue this Policy at any time, and no account 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 New Product Introduction Policy is not related to any other Resmed policy or program.
Language: The parties hereto confirm that it is their wish that this agreement as well as other documents relating hereto, including notices, have been and shall be drawn up in the English language only.
Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tous avis, s’y rattachant, soient rédigés en langue anglaise seulement.

Question 4

Canadian Internet Minimum Advertised Price (MAP) Policy

Accepted Answer

Effective January 22, 2024
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 Federal Food and Drugs Act and Medical Device Regulations and are classified as Class II Medical Devices. 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 Canadian 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 January 22, 2024 and supersedes the prior Canadian Internet Advertising and Sales Policy dated October 1, 2012. This Internet MAP Policy applies only to Authorized Providers in Canada.
This Internet MAP Policy applies to all advertisements of the Resmed products identified on Resmed’s Internet MAP Policy for Canada 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:

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.
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.)
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.
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.
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.

Internet sales and advertising policies

Resmed Policies

Authorized Online Provider Terms and Conditions