Marketing Information SAQ

Conditions Governing the Use of the Information The marketing information that is 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 that of using the data for its own business purposes. The subscriber agrees that the data cannot be used for any purpose other than those specified in the contractual conditions set forth below, under any circumstances, without the prior written consent of an authorized representative of the SAQ. Subscription to the service The conditions that apply to a subscription to this service are stated below. 1. Description of services A subscription to this service provides access to the SAQ sales marketing information, for selected products or for products of selected categories. The information is available in report form or as raw data. Subscribers can order the following reports: Report 1 : Details by Product This report presents a product-by-product, period-by-period breakdown of the sales posted for the current year as well as the two previous years. Figures on the three most recent periods may be broken down by week. It also indicates warehouse and outlet inventories of the product, and a record of orders. Each product is listed on a separate page. Please note that Inventory and order history Information is available exclusively to the supplier of products and to their representation agencies. Report 2 : Sales Summary This report shows sales for the selected period and the thirteen (13) preceding periods for each product included in the subscription. The three (3) most recent periods can be broken down by week. Each product is listed 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 outlets by sales for each product during a specific period. The top 50 outlets are listed. There is one line per outlet, and each product is listed on a separate page. Report 4 : Evolution of Sales by Category This report shows the ranking, by product category, for total sales in the current year for all products sold at SAQ outlets. The percentage of change in sales between the current period and the previous period is shown for each product, as well as between the current period and the previous period last 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 contains a summary of the categories. Downloading raw data files This subscription option covers all raw data files that a company needs in order to create its own reports. This subscription is only available as a single block, and requires computer processing. It is intended for companies that have the technological resources required to process the data, which remains the property of the SAQ at all times, and is subject to the terms and conditions of the subscription agreement. Details concerning the format of the data can be obtained by sending a message that specifies the information that you require to infoagent@saq-b2b.com 2. Fees The fees charged for each service are listed on the subscription page. 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. Fees that are invoiced to the subscriber upon confirmation of its subscription are payable within thirty (30) days after confirmation. 3. Term Subscriptions to this service are valid for one year unless they are terminated earlier in accordance with the provisions specified in the contractual conditions. 4. Availability of data The data is usually extracted at the end of the day on Saturday, and is processed and released on Monday. However, the release of the data may be delayed if necessary, in which case this information will be communicated promptly. 5. User support For assistance with using the Infocom function, please contact: SAQ-B2B Customer Support 1111 St-Charles Ouest, Suite 255 East Tour, Longueuil, Québec CANADA J4K 5G4 Phone :(450) 449-0102 poste 8927 Toll free : (877) 677-9088 International : +800-2559-4630 Fax : (450) 449-8725 infoagent@saq-b2b.com Contractual conditions 1. Subscription Subject to the terms and conditions set forth herein, and in consideration for payment of the subscription fee, the SAQ shall provide the subscriber, through the SAQ-B2B website, with the data specified in the subscription request, which forms an integral part of this agreement. 2. Use of confidential data The subscriber acknowledges that the data obtained through this service is the property of the SAQ. The subscriber agrees to use the data solely to operate its own company. The subscriber agrees to take all necessary measures to restrict access to the data to those 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, in any manner whatsoever, without prior written consent from the SAQ. 3. Quality of the data The SAQ undertakes to take all necessary reasonable efforts to compile and supply quality data. However, it cannot guarantee that the data does not or cannot contain any errors, and therefore, it cannot be held liable for any damages, including loss of profit, resulting directly or indirectly from the 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 that is required in order 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 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 discretion. In such a case, the SAQ shall reimburse the subscriber, within thirty (30) days after terminating the service, a portion of its subscription fee that is equivalent to the value of the unused portion of the subscription. 6. Renewal of subscription Subscriptions to this service are automatically renewed for an 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 is subject to the same terms and conditions. 7. Subscription fee Subscription fees are payable in one instalment, and are not refundable. The subscriber must pay the administration fees in effect at the time of the initial subscription and at the time each renewal. Subscription fees are payable within thirty (30) days after the subscription confirmation or renewal date, whichever applies. Any new products or services that are requested by the subscriber during the term of the subscription will be invoiced in proportion to the remaining period 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 that is beyond its control, such as the termination of its representation agency?s contract for a particular product, it cannot claim any 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 giving the subscriber written notice. In the following instances, the termination takes effect on the date specified in the notice: a) If the subscriber is a sole proprietorship and he dies or becomes incapable of fulfilling his obligations 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 a case, 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 will be automatically terminated. However, if the nature of the fault is such that it cannot be corrected, the termination takes effect upon issuance of the notice. 9. Survival of obligations The obligations set forth in the " Use of confidential data " section remain binding upon the subscriber even if the contract has expired or has been terminated prematurely. 10. Indemnification In the event of any third-party lawsuit or claim against the SAQ, its officers, employees, or agents in connection with the supply 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 on the occasion 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 obtaining prior permission from the SAQ, and any such conveyance is subject to whatever conditions the SAQ may establish. 12. Applicable law This contract is deemed to have been signed in Quebec, and shall be interpreted according to the legislation 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.