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(MAPP Pricing Sheet)
Last Updated: January 21, 2019
Dead Sea Warehouse, Inc. ("Dead Sea Warehouse") has unilaterally established and adopted this Minimum Advertised Price ("MAP") Policy (this "Policy") applicable to the Dead Sea Warehouse products set forth at https://deadseawarehouse.com/mapp.html (each a "Covered Product") and governs all advertising and marketing activities of our authorized distributors, retailers and other resellers who resell any Covered Products to end users (each a "Reseller"). This Policy is subject to modification or discontinuance by Dead Sea Warehouse, in its sole and absolute discretion, at any time.
This Policy is not an agreement between Dead Sea Warehouse and any Reseller. Dead Sea Warehouse does not seek, nor will it solicit or accept, any Reseller's agreement with this Policy. No distributor or representative of Dead Sea Warehouse has any authority to modify, interpret or grant exceptions to this Policy. All questions regarding this Policy should be directed to Orders@DeadSeaWarehouse.com.
Policy Purpose
Since 2001, Dead Sea Warehouse has built a strong brand recognition and a positive, premium-value perception for its wide range of products, featuring Dead Sea minerals in proprietary formulas. This Policy is designed to guard against any practices that may diminish or detract from Dead Sea Warehouse's brand recognition and the premium value of its products. In addition, we believe in maintaining a fair marketplace for all of our Resellers to operate in by helping to prevent margin compression among them. We have unilaterally established this Policy in order to facilitate these goals by protecting our Resellers' service and support efforts with their customers and discouraging advertising that would be detrimental to those efforts, while preserving the quality of our brand and upholding the reputation of our company and our products.
General Compliance
Resellers may not advertise any Covered Product at any price below the MAP. This applies to all advertisements of Covered Products in any and all media, including (but not limited to) flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio, and public signage. This Policy does not establish maximum advertised prices. Resellers are free to advertise any Covered Product at a price in excess of the MAP. In addition, the MAP applies to advertised prices only, and does not apply to the price at which the Covered Products are actually sold or offered for sale to an individual consumer, whether within a Reseller's retail location, on the Internet, over the telephone or via any other direct form of communication. Resellers remain free to sell any Covered Product at any price they choose.
The MAP applicable to each Covered Product is available at https://deadseawarehouse.com/mapp.html (the "Pricing Sheet") as may be updated from time to time by Dead Sea Warehouse, in its sole discretion. You may request a copy of the Pricing Sheet at any time by e-mailing Orders@DeadSeaWarehouse.com.
Enforcement
If Dead Sea Warehouse determines that a Reseller has taken any action inconsistent with this Policy, Dead Sea Warehouse will, with or without notice to that Reseller, cancel pending orders, restrict future orders, or suspend or terminate the Reseller's account, based upon the severity of the violation, in the reasonable determination of Dead Sea Warehouse. No Reseller has the right to enforce this Policy, but any of our authorized distributors may assist us with any enforcement efforts taken against Resellers with whom such distributor has an agreement.
Advertising Guidelines
The following are provided as guidelines to assist Resellers in complying with this Policy.
- Resellers are not required to list any product pricing in their advertising and may instead include in their advertising materials a statement such as "Call for Price" or "Call for Quote."
- Resellers may not publicly advertise special "deal pricing," but are free to offer special "deal pricing" on a case-by-case basis—i.e., through individual negotiation with a specific customer, so long as such "deal pricing" is not offered to all potential customers generally.
- Price matching is not a violation of this Policy but will not be accepted as a justification for any action that is otherwise a violation of this Policy.
- The MAP does not restrict in any manner solely on-premise or in-store advertising (e.g., on display inside the store and not distributed to any customers outside the store). If you sell Covered Products via e-commerce, however, this Policy does apply to any prices advertised in your online store or otherwise on your website. Please be aware that, unlike shelf prices in a brick and mortar store, any landing page or product page listing the price of a Covered Product is considered an advertisement for purposes of this Policy.
- This Policy does not restrict Resellers from advertising promotional store-wide or store department-wide sales or discounts that do not specifically reference any Covered Products.
- Pricing for any Covered Product that is below the MAP may NOT appear in any online search result via any online search tool (e.g., Google Shopper, PriceGrabber, Nextag, Newegg) where the Reseller's website is linked as a source. Resellers are responsible for ensuring that any such advertised pricing is at all times at or above the MAP.
- It would be a violation of this Policy to display any of the following statements, or an effectively similar statement, in connection with your online advertised price: "Add to Cart to See Price", "See Price in Cart" or "Click Here to See Our Low Price."
- Discounts permitted under this Policy may not be combined with any other discounts, including coupons, rebates, in-store discounts, customer loyalty discounts, unless the discount is added to the purchase at the final purchase (or checkout) stage, after the total purchase price for all items being purchased has been calculated.
- Covered Products may be advertised as free consistent with this Policy so long as there is no obligation on the consumer to make any other purchase in order to receive the Covered Product. The inclusion in advertising of both a Covered Product and a free or discounted product (whether made by Dead Sea Warehouse or another manufacturer) would be a violation of this Policy if the advertisement in any way suggests or implies that the price of a Covered Product is below the MAP. In other words, buy-one-get-one-free (BOGO) promotions are a violation of this Policy, and any advertisement for such a promotion must make it clear that any Covered Products are specifically excluded from the promotion.
- Advertising through any third-party auction site (such as eBay) with a starting bid price or "Buy it Now" option price that is lower than the MAP is strictly prohibited by this Policy. "Best offer" auctions are not permitted under this Policy unless there is a reserve price or opening bid minimum that is at or above the MAP.
- If pricing is displayed in other than a brick and mortar retail store, any strike-through or other alteration of the price of a Covered Product, where the as-modified price is either not shown in the advertisement or is shown but below the MAP, would be a violation of this Policy.
- Free shipping and handling, 0% Sales Tax, or free financing promotions do not violate this Policy, so long as the Reseller makes clear in the advertisement that such promotions are provided as a separate service.
(MAPP Pricing Sheet)
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