Wholesale Distributor Minimum Advertised Price Policy.
Due to the popularity of some of our products, Wholesale Distributor has taken a closer look at maintaining a level playing field for our branded resellers of products. We view the internet like any other medium for advertising Wholesale Distributor products. The same rules and violations that apply to print advertising also apply to resellers who use this electronic medium for advertising, price offering and/or order placement. To remain in compliance with new Minimum Advertised Price (MAP) guidelines, all advertised prices must be at, or above, the current suggested retail price as published by Wholesale Distributor.
Because you, as the Reseller, can sell our products for any price you deem appropriate, Wholesale Distributor does not believe that our MAP policy will restrain your ability to sell our products at a price that you deem profitable.
Wholesale Distributor, offers numerous products bearing brand names that it distributes under its own trade names, and trademarks (collectively the “Trademarks”).
Authorized personnel may use the Trademarks including, “Hoffman Richter”,”Hybeam”,”Stone Mountain”,”STRONGÜR” or any similar marks or derivatives thereof, Product part numbers or any Copyrighted Material, in connection with any Product advertising, publication, catalog, web page, or other printed, audio, video, or electronic material as long as they adhere to the following requirement:
"No Trademarks or Copyrighted Material may be used in any advertisement, catalog, or publication, whether printed, audio, video, or electronic unless the price used is the suggested retail price as published by Wholesale Distributor.”
Wholesale Distributor also holds copyrights to the material in all of its catalogs and advertisements. In order to monitor the use of it trademarks, trade names, service marks and copyrights, Wholesale Distributor has adopted the following for its valued reseller network:
Wholesale Distributor does not in any way restrict or limit the price at which a Reseller sells any of the products that it distributes. It does, however, enforce an Advertising Policy, which is intended to preserve the goodwill and market reproduction of Wholesale Distributor and its trade names and Marks.
To be sure that advertisements or publications comply with the Wholesale Distributor Advertising Policy, the Reseller can submit the advertisement or other publication to Wholesale Distributor for approval prior to printing and distribution. Please allow additional time when using Wholesale Distributor Trademarks in advertisements and publications. These requests for approval can be submitted through your sales representative:
Wholesale Distributor will respond to this request within two (2) weeks.
Complying with the MAP Guidelines
We try to keep the MAP guidelines as easy to understand and adhere to as possible. By following important points listed throughout this document, your advertising efforts will remain in compliance with the MAP program.
- If you choose to do so, you may leave out pricing information in your advertising and promotions altogether.
- If you choose to advertise prices for any Wholesale Distributor products in your promotional efforts, the pricing for them must be at or above the current MAP listing.
- No discount images, “strike throughs”, “minus-outs” or words such as “subtract,” “take away,” “less,” may be used if it makes the price of the Wholesale Distributor advertised product below MAP, either as an individual product or as part of a bundle. If a price is to be listed, it is listed only as a price at MAP.
Failure to Comply
If a Reseller’s advertising material contains prices other than suggested retail prices and the advertising material was not pre-approved by Wholesale Distributor the Advertising Policy will be enforced in the following manner.
Reseller will receive a documented notice of violation (“Notice”) and will be given thirty (15) days to remove the offending print advertisements from publication and distribution and three (3) business days to remove any offending electronic advertisements from web pages or Internet sales sites.
Reseller will receive a Notice and will be placed on a non-ship basis for a period of thirty (30) days from the date of the Notice with regard to all products involved in the violation.
Reseller will receive a Notice and will be placed on a non-ship basis for a period of ninety (90) days from the date of the Notice with regard to all products involved in the violation.
Reseller will receive a Notice and will be placed on a non-ship basis indefinitely with regard to all products involved in the violation.
Wholesale Distributor grants to its Resellers a revocable, non-exclusive, non-transferable worldwide license, for as long as the Reseller is selling products carrying a Wholesale Distributor mark or trade name, to use Wholesale Distributor Trademarks and copyrighted materials, provided the Reseller complies with this Advertising Policy. Such limited license does not include the right of Resellers to register the Trademarks as or within domain names or to use the marks in Reseller trade names.
Wholesale Distributor further grants to its Resellers a revocable, non-exclusive, non-transferable license, for as long as the Reseller is selling products carrying a Wholesale Distributor Trademarks, to reproduce, distribute, and display Copyrighted materials shall be accompanied, where appropriate attribution identifying Wholesale Distributor as the owner of the Mark and/or Copyrighted materials so used.
The Reseller recognizes that Wholesale Distributor has an exclusive right to all Trademarks used by Wholesale Distributor to identify its products. The Reseller agrees that it will not claim any right, title or interest therein. Nothing herein shall be construed to give Reseller any right, title or interest in Wholesale Distributor Trademarks or copyrighted materials.
For purposes of this Advertising Policy, “advertising” is defined as any advisement, announcement, information, publication or notice given or made by a Reseller in connection with the solicitation of business or sales of the products covered by Wholesale Distributor Advertising Policy in whatever medium is now known or hereafter developed including print, radio, telegram, television, handbill, sign (except signs in the Reseller’s retail store), catalog, letter (including e-mail), electronic media, telecommunication, internet or online auction. For purposes of Internet Sales the entire web site, including the “shopping cart” or similar web site location, will be considered part of the “advertisement” if it can be accessed by links contained on or within the web site.
Any violation of this Policy and/or any apparent unauthorized use of Wholesale Distributor Trademarks or Copyrighted Materials should be reported to Wholesale Distributor.
Wholesale Distributor enjoys its relationship with all of its Resellers and wants to work with each Reseller to assist in helping make the Reseller’s business as successful as possible.
Wholesale Distributor, at its sole discretion and without notice may modify products, prices and its policy.