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Eichholtz chooses to partner with authorized Retailers only. To preserve the value of the Eichholtz brand and to properly position Eichholtz’ products in today’s market, Eichholtz has instituted the following Unilateral Minimum Advertised Price (“MAP”) Policy for all authorized Eichholtz Retailers located in the United States (“Retailer(s)”)
1. Retailers shall not promote, market, advertise, offer to sell or sell any product on or through any online marketplace or auction platform (e.g., eBay, Amazon marketplace or similar websites), except as may be expressly consented to by Eichholtz in writing and in advance, and it being understood that Eichholtz may withdraw its consent at any time.
2. This Policy applies to advertised prices (“Advertised Price(s)”). An Advertised Price is the price that a Retailer advertises for Eichholtz product in Retailer-initiated media messages aimed at the general public. By way of example, Advertised Prices displayed on the following are covered by the Policy:
- Any website accessible to the general public, including traditional Retailers, E- tailers, vendors, portals, shopping sites;
- Any webpage with a shopping cart prior to sale, or any link to a web-based shopping cart;
- Banner, pop-up, and pop-under advertisements;
- Sponsored links, websites operated by, affiliated with, or linked to a Retailer’s website(s), including links from within the body of an e-mail advertisement that direct the recipient to a website accessible to the general public.
- Print advertising, including newspapers, magazines, print inserts, coupons, and brochures;
- Broadcast advertising, including radio and television;
- Direct advertising, including catalogs, newsletters, direct mail pieces, flyers, and broadcast faxes, whether mailed, hand delivered, or shipped in-box with product;
- E-mail advertisements sent to individual customers. Note, however, that (i) blast emails and (ii) links from within the body of an e-mail that direct the recipient to a website that is accessible to the general public are both covered by the Policy.
- A “click for price,” “view price in cart,” “mouse over for price,” or “add to cart for the lowest price” button, or any other device directing potential customers to place the product in a cart for the lowest price.
- Webpages directing potential customers to call or email for best price.
3. Advertising that expressly or by implication advertises a price that is less than the MAP pricing (e.g., “price too low to show”, “so low we can’t advertise”, “sale price”, “instant rebates”, and so forth) is deemed to violate this Policy.
4. This Policy does not apply to “price quotes,” or “sales prices,” as those terms are defined below:
- A “price quote” is the price that a Retailer communicates to a particular customer who inquires about Eichholtz products, whether the inquiry or the quote was transmitted orally, by telephone, by email, or by letter. Price quotes may be subject to an Eichholtz Minimum Suggested Retail Price (“MSRP”) policy.
- A “sales price” is the price that a customer pays to a Retailer for Eichholtz products, netted down to account for any discounts or other consideration from the Retailer. Sales prices may be subject to Eichholtz MSRP policy.
5. MAP pricing for all Eichholtz products can be found on the current price list shared with the Retailers. Retailers are free to set the price of any product as long as it is at or above MAP price given the most recent publication of the price list.
6. Retailers are not required to list prices in advertising. If a price is listed it must be at or above MAP.
7. Retailers are also responsible for ensuring their Eichholtz pricing is at or above MAP on internet search engines.
8. This Policy applies to all Eichholtz-branded products and product supplied by Eichholtz to Retailer, regardless of whether they are marketed under the Eichholtz’ brand name. For clarity, this MAP Policy also applies to any of Eichholtz’ products that have been white-labeled by the Retailer.
9. Eichholtz can authorize the advertising of items below MAP pricing for a limited amount of time, as part of a promotional campaign. Such exceptions will be communicated in writing by Eichholtz and will apply to all Resellers selling those products and during the same timeframe. These MAP reductions will be done at the discretion of Eichholtz.
10. Eichholtz will consider each violation based on its own facts. Only Eichholtz will determine if a violation of this Policy has occurred, and Eichholtz alone is responsible for enforcing its MAP Policy when it determines that the Policy has been violated.
11. Violations from Retailers will need to be corrected with 24 hours from transmission of an e-mail notice to correct any and all identified violations.
12. Eichholtz may unilaterally decide to review a Retailer’s status—including any suspensions or terminations—after an independently determined period of time. Any decision by Eichholtz to discontinue – suspension or termination - the supply of Eichholtz products cannot be appealed.
13. The details of Eichholtz’ enforcement decisions will be strictly between the Retailer that has violated the MAP Policy and Eichholtz.
14. Eichholtz may revise this MAP Policy or its price list at any time and in any respect. When and if it does, best efforts will be made to provide those revisions to the Retailers. Eichholtz takes no responsibility for ensuring that the Retailers will receive updates or revisions to the MAP policy and MAP prices.
15. Eichholtz is not asking or requiring Retailers to explicitly agree to any aspect of this MAP Policy. Eichholtz is implementing the MAP Policy as its own policy and advising Retailers that there will be certain consequences if Eichholtz products are advertised at prices not being compliant with the MAP Price. Importantly, Retailers remain free to determine if they wish to follow the Eichholtz MAP Policy or not.
16. Eichholtz has unilaterally implemented this MAP Policy in accordance with its right to choose the Retailers with whom it wishes to work. Just as a Retailer may cease purchasing & reselling Eichholtz products at any time and for any reason, Eichholtz reserves its right to cease doing business with any Retailer with or without cause.
17. This MAP Policy is effective immediately and will remain in effect until further written notice from Eichholtz. This MAP Policy supersedes all prior policies established by Eichholtz on the same subjects.
18. This Policy only concerns the advertised prices of Eichholtz products. All other terms and conditions remain in effect.
19. For any questions on this Eichholtz’ MAP Policy, contact at firstname.lastname@example.org.