HomeMy WebLinkAboutHOME DEPOT - CONTRACT - CONTRACT - TECHNICAL CONSUMER PRODUCTS AGT FC2006 (2)Mark -Down Promotional Fee Agreement for Fall 2006 Efficient Lighting Program
Home Depot, Technical Consumer Products and City of Fort Collins,
Colorado
AGT 0 FC2006-05
The Home Depot (Retailer), Technical Consumer Products (Manufacturer), and City of Fort Collins, Colorado
(Sponsor) hereby jointly agree to participate in a special "mark-down promotional fee" program in order to
promote the sale of ENERGY STAR® qualified lighting products through two Retailer stores located in the
Sponsor's service territory (Exhibit "A"). The Sponsor will pay a markdown incentive fee to the Manufacturer for
each eligible product sold through Retailer at a discounted price under the terms of this Agreement. This is a
component of the Sponsor's fall 2006 Efficient Lighting Program.
Exhibit "B" lists the products eligible for the mark-down incentive, the mark-down incentive amount per product
sold, the regular and discounted retail prices, customer sales limit, estimated quantities of products and the not -to -
exceed limit on the Sponsor's funds under this Agreement. At the option of the Sponsor, based on actual sales
during the promotion, a change order may be issued to increase/decrease quantities of this Agreement.
Article 1. Term
This promotion and Agreement shall be effective for qualifying retail sales on or after September 25, 2006 and no
later than December 17, 2006. The parties may agree in writing to extend the term of this Agreement.
Article 2. Retailer Promotional Parameters
Exhibit "C" lists the retailer promotional parameters pertinent to this Agreement.
Article 3. Reimbursement Stipulations
All of the following stipulations must be met in order for retail sales to be eligible for markdown incentive
reimbursement payment from Sponsor:
1. The lighting products listed in Exhibit `B" comply with the current ENERGY STAR® lighting requirements,
which are listed on the ENERGY STAR web site (www.energystar.gov).
2. All products sold under this Agreement are labeled with the ENERGY STAR® label, on both the product
itself and the retail packaging.
3. All Retailer or Manufacturer -produced point -of -purchase and advertising materials related to this promotion
must be approved by the Sponsor before production and placement of this material.
4. All Redemption/Invoice Guidelines listed below are adhered to.
5. All Retailer Promotional Parameters attached as Exhibit "C" are adhered to.
6. The Retailer or Manufacturer provides actual store sales data on the products listed in Exhibit `B" of this
Agreement, for the period of the promotion as well as for the three-month period prior to the promotion start
date and the three-month period following the end of the promotion. If the Retailer brings in new product
specifically to participate in this promotion, pre -promotion data will not be required.
TCP-HD Mark Down Agreement 8-30-06.doc Page 1 of 6