Marketing Information SAQ

Conditions Governing the Use of the Information The market information available through this service is the exclusive property of the Société des alcools du Québec (SAQ). The subscriber acknowledges that the only right granted to it by the SAQ is to use the data for its own business purposes. The subscriber agrees that the data cannot, under any circumstances, be used for any purpose other than those specified in the contractual conditions hereinbelow without the prior written consent of an authorized representative of the SAQ. Subscription to the service The conditions applicable to subscription to this service are specified hereinbelow. 1. Description of services Subscribing to this service provides access to SAQ sales market informaiton for selected products or for all the products in a category. This informaiton is available in report form or as raw data. Subscribers can order the following reports: Report 1: Details by Product This report tracks the sales performance of a given product in the SAQ’s sales networks over 13 accounting periods. The three (3) most recent periods can be broken down by week. The report also shows the product’s warehouse and store inventories and a record of orders. Each product is listed on a separate page. Please note that subscribers who are not the supplier of the product or the representation agency for the product have access only to the sales performance data. The other data are for the exclusive use of the supplier and its representation agency. Report 2: Sales Summary For each product included in the subscription, this report shows the sales for the selected period and the thirteen (13) preceding periods. The three (3) most recent periods can be futher broken down by week. Each product is presented on a separate line, and a grand total for all products is included. Report 3: Sales by Product - 50 Best Outlets This report shows the ranking of stores by sales for each product during a specific period. The top 50 stores are listed. There is one line per store, and each product is listed on a separate page. Report 4: Evolution of Sales by Category This report shows the ranking, by product category, of the total current-year sales for all products sold in SAQ stores. For each product, the percentage change in sales between the current period and the preceding period and between the current period and the same period of the preceding year. There is a line for each product, and a total for all products in each category. Each category is listed on a separate page. The first page includes a summary of the categories. Downloading raw data files This subscription option includes all the raw data files which a company needs in order to create its own reports. It is available only as a single block and requires computer processing. It is intended for companies that have the technological resources necessary to process the data, which remain the property of the SAQ at all times and are subject to the terms and conditions of the subscription agreement. Details concerning the data format can be obtained by sending a message that specifies the information required to infoagent@saq-b2b.com 2. Fees The subscription page lists the fees charged for each service. All subscriptions are subject to an administration fee. Subscription fees are based on the type of report and the number of products or categories selected. The fees billed to the subscriber on confirmation of its subscription are payable in the thirty (30) days following confirmation of the subscription. 3. Term Subscriptions to this service are valid for one (1) year unless terminated earlier in accordance with the provisions specified in the terms of contract. 4. Data availability The data are usually extracted at the end of the day on Saturday and processed and released on Monday. However, release of the data may be delayed if necessary, in which case a notice shall be issued promptly. 5. User support For assistance with using the Infocom service, please contact: infoagent@saq-b2b.com Terms of Contract 1. Subscription Subject to the terms and conditions set forth herein and in consideration of payment of the subscription fee, the SAQ shall provide to the subscriber, through the SAQ-B2B website, the data specified in the subscription application, which forms an integral part hereof. 2. Data usage and confidentiality The subscriber acknowledges that the data obtained through this service are the property of the SAQ. The subscriber agrees to use the data solely for the purpose of running its own company. The subscriber agrees to take all necessary measures to restrict access to the data to employees who need it for their job, to auditors or to other consultants who are required to work for the subscriber in the normal course of business. The subscriber may not disclose, supply or transmit the data, in whole or in part, to a third party, including its subsidiaries or related companies, in any manner whatsoever, without the prior written consent of the SAQ. Notwithstanding the foregoing, the subscriber may provide the data obtained through its subscription to a data-processing firm in accordance with the following conditions: (i) For the purposes of this agreement, a data-processing firm whose aim is to make available to its customers a software as a service for the purpose of organizing, analyzing and generating reports using raw data obtained through the Infocom service; (ii) The data-processing firm must be recognized by the SAQ. The list of SAQ-recognized data-processing firms can be obtained by contacting the SAQ; (iii) The subscriber shall, on request, confirm to the SAQ whether it is using the services of a data-processing firm; (iv) Under its agreement with the data-processing firm, the subscriber shall not obtain data accessible through the Infocom service for which it does not have a valid agreement with the SAQ. 3. Data quality The SAQ undertakes to make every necessary reasonable effort to compile and supply quality data. However, the SAQ cannot guarantee that the data do not or cannot contain errors, and it therefore cannot be held liable for any damages, including loss of profit, resulting directly or indirectly from use of the data. 4. Raw data processing Subscribers who opt for the raw data download service assume full responsibility for processing the data and for developing, maintaining and supporting any system or software necessary to process the data. The SAQ reserves the right to change the format or the presentation of the raw data and cannot be held liable for any damage of any nature whatsoever incurred by the subscriber as a result of such a change, specifically including the costs to the subscriber of modifying systems or software The subscriber acknowledges that the processing of the raw data by its systems and software may affect the reliability of the data. Therefore, the subscriber releases the SAQ of any and all responsibility with respect to the accuracy of data in reports produced by the subscriber's systems and software. 5. Discontinuation of service The SAQ reserves the right to terminate this service, in whole or in part, at its sole discretion. In such cases, the SAQ shall reimburse the subscriber, in the thirty (30) days following termination of the service, a portion of its subscription is equivalent to the value of the unused portion of the subscription. 6. Renewal of subscription Subscriptions to this service are automatically renewed for one (1) additional year unless the subscriber notifies the SAQ of its intention not to renew at least fifteen (15) days before the subscription expires. Unless the SAQ notifies the subscriber of amendments at least thirty (30) days before the subscription expires, the renewal shall be subject to the same terms and conditions of subscription. 7. Subscription fee Subscription fees are payable in a single instalment and are not refundable. The supplier shall pay the administration fee in effect at the time of the initial subscription and of each renewal, whichever applies.. Any product or service additions requested by the subscriber duing the subscription period shall be invoiced proportionally to the remaining term of the subscription. The subscriber acknowledges that if, during the term of the subscription, it voluntarily stops using one or more of the services that were ordered or if its ongoing use of the service is prevented by an event beyond its control, such as the termination of its representation agency’s contract for a particular product, it may not claim a reimbursement of the subscription fee. The SAQ reserves the right to terminate the service if the subscriber does not pay the subscription fee on time. 8. Termination The SAQ may terminate this contract simply by notifying the subscriber in writing. In the following instances, the termination shall take effect on the date specified in the notice: a) If the subscriber is a sole proprietorship and they die or become incapable of fulfilling their oblications under the contract; b) If the subscriber assigns its assets or makes a proposal to creditors, if a sequestration order is issued against it, if it is subject to a liquidation order, if it avails itself of the provisions of the Companies' Creditors Arrangement Act or puts itself in an equivalent position, if all or nearly all of its assets are seized or if a custodian, receiver or other administrator is appointed to manage its assets. The SAQ reserves the right to terminate the contract if the subscriber defaults on any of its obligations hereunder. In such cases, the SAQ shall notify the subscriber, in writing, of its intention to terminate the contract, and shall state the reasons for its decision. The subscriber will then have fifteen (15) days following receipt of the notice to remedy the default specified in the notice, failing which the contract shall be automatically terminated. However, if the nature of the fault is such that it cannot be corrected, the termination shall take effect upon issuance of the notice. 9. Continuance of obligations The obligations set forth in the "Data usage and confidentialty" section remain binding upon the subscriber even if the contract has expired or has been prematurely terminated. 10. Indemnification In the event of a third-party lawsuit or claim against the SAQ, its officers, employees or agents in connection with the provision of data, the subscriber shall take up the defence and hold those persons safe and harmless from all damages, fines, costs and disbursements (including reasonable legal fees for the defence) incurred by the subscriber in the event of or as a consequence of such lawsuits or claims. 11.Transfer The subscriber shall not sell, assign or transfer the rights associated with the subscription and this contract, in whole or in part, without first obtaining permission from the SAQ, and any such conveyance shall be subject to whatever conditions the SAQ may establish. 12. Applicable laws This contract is deemed to have been signed in Quebec, and shall be interpreted according to the laws in force in Quebec. The courts of the District of Montreal have exclusive jurisdiction with respect to settling any litigation that stems from or is related to this contract.