MAP, Amazon and 3rd Party Sales Policy
MAP POLICY: At Epic Water Filters, we have committed ourselves to building a business and brand reputation known for exceptional high-quality products that exceed our customer’s and retailer’s expectations. To maintain this reputation and brand image for our line of water filter products, we have unilaterally adopted a Minimum Advertised Price (MAP) policy that includes policy and restriction for selling our products on Amazon, Walmart.com, ebay, and other online marketplaces.
This MAP policy shall apply to all branded products purchased from Epic Water Filters, including all products listed and shown on our website and branded micro-sites. The MAP for our Epic Water Filters products is noted on an approved order form. This policy does not apply to Epic Water Filters sponsored closeouts and items deemed promotional in nature, nor does it apply to the manufactured, demo or used products which are clearly and conspicuously identified as such; provided, however, re-sellers may not advertise a discount of a promotional greater than the MAP discounted price shown on the price sheets and order forms.
SALE PRICING: Resellers may only advertise Epic Water Filters products at a price that is at or above the MAP without any form of strike through or other obliteration of such MAP. If Epic Water Filters determines, in its sole discretion, that a reseller has taken any action that does not preserve MAP and/or refuses to comply with this policy: (A) Epic Water Filters will immediately cancel all orders from that reseller; and (B) Epic Water Filters will refuse to accept any new orders from that reseller for a period of no less than ninety (90) days; (C) for resellers violating this MAP policy a second time, Epic Water Filters will immediately cancel all orders and refuse to accept any new orders from that reseller indefinitely or until such time as Epic Water Filters determines is appropriate, in its sole and absolute discretion. Additionally, the right to use Epic Water Filters photography, video and copy is also forfeited until reseller status has been reinstated.
Advertising includes all forms of publicly disseminated or broadcasted promotion in any media, including but not limited to, websites, audio, video and other forms of electronic media, direct media, newspaper or magazines, material at trade shows, coupons, billboards, and catalogs. Online advertising languages such as “click here for a better price”, “price too low to miss,” “click here for our price”, “e-mail for a lower price,” “add to shopping card to see lower price”, or other language, features or symbols that would indicate, display or imply that a lower MAP is offered may not be used.
AMAZON AND OTHER THIRD PARTY MARKETPLACES: Because of the inability to appropriately apply and monitor this policy on Amazon, eBay, Walmart.com, Jet, etc., sales of Epic Water Filters products is strictly prohibited. As of April 10, 2017, Epic Water Filters will be actively protecting its brand value on Amazon Worldwide by fully exercising its “Brand Registry” rights.
PRIVATELY OWNED, NON-PUBLIC DATABASES: Epic Water Filters has no policy with regard to any re-seller offering a “below MAP sale” to their private database of customers so long as the sale is conducted within a digital space, or private space, that is accessible and viewable only by the re-seller's closely-held database of customers (I.E. proprietary database e-mail campaigns). Each re-seller is free to independently decide whether or not to follow this policy in connection with its advertised prices.
However, advertising a price, or taking an action contrary to this policy, may result in the above-mentioned actions. Epic Water Filters is free to do business with any individual or firm that it chooses. Epic Water Filters does not ask for, nor will it accept or discuss, any assurance of compliance or agreement from a re-seller regarding this MAP policy or any conditions of acceptance related to this MAP policy. Epic Water Filters requests that re-sellers not attempt to discuss their own pricing, or the pricing of others with us. Epic Water Filters will strictly construe this policy and will, without prior notice, refuse to continue to do business with any re-seller who does not comply. The laws of the State of Utah shall govern all transactions between Epic Water Filters and re-seller, and re-seller agrees to submit to the jurisdiction of the Federal and States Courts in Boulder, Colorado, USA.
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