Legal Information

Legal

KMM takes the law and government regulations very seriously. We do not want children smoking, and will continue do everything possible to prevent those who are underage from buying our products. We were one of the earliest signatories to the Master Settlement Agreement (MSA) and continue to support industry initiatives designed to eliminate youth smoking.

Master Settlement Agreement (MSA)

In 1998, the Attorneys General and other representatives of 46 states, Puerto Rico, the U.S. Virgin Islands and the District of Columbia signed an agreement with the four largest tobacco manufacturers (Brown & Williamson Tobacco corporation, Lorillard Tobacco Company, Philip Morris Incorporated and R.J. Reynolds Tobacco Company,). Four states (Florida, Minnesota, Mississippi and Texas) had previously settled with tobacco manufacturers. KMM signed the agreement in 1999 and is considered a participating manufacturer.

The agreement settles all antitrust, consumer protection, common law negligence, statutory, common law and equitable claims for monetary, restitutionary, equitable and injunctive relief alleged by any of the settling states with respect to the year of payment or earlier years and cannot be modified in any way unless all the parties agree to the modification.

In terms of public health and youth access to tobacco, the MSA:
· Prohibits youth targeting in advertising, marketing and promotions by:
· Bans cartoon characters in advertising
· Restricts brand-name sponsorships of events with significant youth audiences
· Bans outdoor advertising
· Bans youth access to free samples
· Sets minimum cigarette package size at 20
· Creates a National Foundation and a Public Education Fund

To help change corporate culture, the MSA:
· Requires the industry to make a commitment to reducing youth access and consumption.
· Disbanded tobacco trade associations.
· Restricts industry lobbying
· Opens industry records and research to the public enforcement
· Provides court jurisdiction for implementation and enforcement
· Establishes a state enforcement fund and attorney fees
· Requires the industry to reimburse states for attorney fees
· Requires the industry to pay for outside counsel hired by the states.

Financial Provisions
· States will receive over $206 billion over 25 years.
· Up-front payments – $12.742 billion.
· Annual Payments, beginning April 15, 2000 – $183.177 billion through 2025.
· Strategic Contribution Fund, 2008-2017 – $8.61 billion.
· National Foundation ($250 million over next 10 years).
· Public Education Fund (at least $1.45 billion 2000-2003).
· State Enforcement Fund ($50 million, one-time payment).
· National Association of Attorneys General ($1.5 billion over next 10 years).
Source: National Association of Attorneys General

Our participation in the MSA means immunity and protection for our customers from future state liability claims, which is considered very valuable and essential by the Trade.

Several brands are currently available from manufacturers that are not participating in the MSA and as a result can give no assurances their customers will not be sued by the states in the future. To help retailers distinguish which brand are not be paying into the MSA fund, we have developed this chart:

A cigarette manufacturer is not participating in the MSA, and not providing immunity from future state liability claims, if:

1. The price per thousand for an average line of cigarettes, excluding profits and promotions, is lower than $9.00 for an imported brand or $8.75 for a domestically produced brand.
2. There is a variance in pricing in the four states that settled separately (Mississippi, Florida, Texas and Minnesota).
3. The manufacturer denies access to tax information, to the States. All MSA participants are required to pay into the fund for all brands / All volume of product sold in the US. This is evidenced by their FET paid information, which is required to be accessible to the States.

Additional information on this topic can be found at www.naag.org. Please call Bhavani Parameswar for additional clarifications @ 800 317 0377.

Surgeon General’s Warning

King Maker KMM adheres to all laws and regulations concerning the packaging and display of cigarettes and tobacco. Our product lines and marketing materials all contain the mandated Surgeon General’s warnings as mandated by the Comprehensive Smoking Education Act of 1984 (Public Law 98-474), which required four specific health warnings on all cigarette packages and advertisements and is approved by the Federal Trade Commission:

• SURGEON GENERAL’S WARNING: Smoking Causes Lung Cancer, Heart Disease, Emphysema, and May Complicate Pregnancy.
• SURGEON GENERAL’S WARNING: Quitting Smoking Now Greatly Reduces Serious Risks to Your Health.
• SURGEON GENERAL’S WARNING: Smoking by Pregnant Women May Result in Fetal Injury, Premature Birth, and Low Birth Weight.
• SURGEON GENERAL’S WARNING: Cigarette Smoke Contains Carbon Monoxide.

Additional information on this topic can be found at www.surgeongeneral.gov

Site Policy

KING MAKER MARKETING INC. WEBSITE

LEGAL TERMS AND CONDITIONS

General Rules and Information

This web site (“the Site”) is owned and operated by King Maker Marketing Inc. (“KMM”) for your personal, non-commercial use only.

Access to and use of this Site is subject to the following terms and conditions and all applicable laws. The Site is operated for the purpose of providing general information about KMM. The Site is not operated for advertising or marketing purposes. The material on the Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any KMM products. KMM advertises and sells its products only in compliance with the laws of the particular jurisdictions in which they are sold.

Your Acceptance of these Terms and Conditions

By entering this Site, you accept and are bound by these Terms and Conditions without limitation, qualification or change. You represent that you have read and agree to these Terms and Conditions at all times while using the Site. If at any time you determine that you do not accept all of these Terms and Conditions, you must immediately discontinue use of the Site and destroy all materials and copies of materials obtained from the Site. You may not use this Site in any way that involves a failure to abide by any Term or Condition. These Terms and Conditions apply to all proprietary pages, images, text, programs and other material available throughout this Site.

User Information

KMM intends to protect the privacy of the visitors to the Site. Therefore, it does not collect personally identifying information from users unless they provide it to KMM knowingly and voluntarily, such as if you request that we send you additional information. Any information, communication or material you provide, post or transmit to KMM through this Site or through electronic mail transmission will be treated as non-confidential and non-proprietary and becomes the exclusive property of KMM. KMM will only use such information to respond to inquiries you make in connection with the Site. Do not post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that could be considered a criminal offense or violate any law.

The Site does NOT use Internet “cookies” or collect any personal information not specifically provided by you. However, this Site may provide links to other sites that may use “cookies.” This Site also may record the domain names of visitors in order to compile statistical records on the use of the Site, but users cannot be individually identified or contacted through this information.

Any personal information you provide through use of the Site or communications with or through the Site will not be sold or otherwise provided to third parties other than affiliates of (KMM), except that KMM reserves the right to provide such records or information to law enforcement officials or other government entities if required to do so by law or if KMM, in its sole discretion, believes it to be appropriate. KMM reserves the right to change this policy in the future.

General Limitation of Liability; Disclaimer of Warranties

KMM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR OF THE CONTENT OF ANY SITE OR SITES LINKED TO THIS SITE. THIS SITE AND ANY SITE OR SITES LINKED TO THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

KMM, ITS AFFILIATES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR ANY OTHERS INVOLVED IN THE CREATION OF THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO OR USE OF ANY CONTENT OF THIS SITE OR THE CONTENT OF ANY SITE OR SITES LINKED TO THIS SITE, INCLUDING BUT NOT LIMITED TO KMM’S NEGLIGENCE, YOUR ACCESS TO AND USE OF THE SITE, THE UNAVAILABILITY OF THE SITE, ERRORS OR INACCURACIES CONTAINED ON THE SITE, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF, OR MATERIAL POSTED BY, ANY USER OF THE SITE, EVEN IF YOU HAVE ADVISED KMM IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.

KMM is not responsible for or liable for any damage from use of the Site, including damage caused by viruses, “worms” or “trojan horses,” “time bombs,” “drop dead devices,” or other computer software routines to your computer, computer system or other property, during or on account of access or use of the Site or any sites to which the Site links.

Changes to Terms and Conditions

KMM reserves the right to change these Terms and Conditions at any time at its sole and exclusive discretion. KMM will post a notice of such change on the Site. By continuing to use the Site after a change is made, you accept and are bound by the modified Terms and Conditions. Only KMM may alter these Terms and Conditions.

Use of Intellectual Property

This Site and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, product names, designs, logos, video material, audio material and software (collectively, the “Intellectual Property”) are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned and controlled by KMM or the party credited as the provider of the Intellectual Property.

You may browse through the Site and download copies of materials appearing on the Site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in any personal copies. No part of the information on this Site can be distributed, copied, modified, revised, transmitted or reproduced for commercial or non-personal use without the prior written consent of KMM and/or the applicable trademark or service mark owner, as appropriate.

Jurisdiction

The site is operated in the United States, and the laws of the State of New York govern these terms and conditions and your use of the Site. You irrevocably consent to the exclusive jurisdiction of the courts located in New York for any action to enforce these terms and conditions.

We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Site has been designed to comply with the laws of New York and of the United States. If any material on the Site or your use of the Site is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

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All Rights Reserved