Extreme Mist PCS, LLC
COMPLIANCE POLICY FOR U.S. AUTHORIZED RESELLERS
Our product’s ultimate success is directly tied to the success of our ever-growing network of authorized dealers. Most of our dealers invest their time and resources to deliver an outstanding customer experience. We want to allow them to do so, while discouraging price-based advertising that would be unfavorable to our dealer's efforts to support the Extreme Mist PCS, LLC products.
Extreme Mist PCS, LLC reserves the right to stop doing business with any reseller that purchases Extreme Mist PCS® products directly, or a reseller that purchases Extreme Mist PCS® products from a distributor, that:
- Does not adhere to the Minimum Advertised Price (MAP) on Extreme Mist PCS® and advertises the product at an online price lower than our stated MAP pricing that will be supplied upon dealer acceptance.
- Sells any current or future Extreme Mist PCS® Products through any third-party web site, including Amazon or Ebay.
- Does not use our current logos, or product and packaging images when selling our current product line. These images are available by contacting firstname.lastname@example.org.
Offenders of this policy will be notified in writing by email, and Extreme Mist PCS, LLC may stop doing business with a reseller. Distributors will also be instructed not to sell Extreme Mist PCS® products to resellers that do not comply with this policy. Any offenders of this policy will be removed from our Authorized Reseller List.
Dealers are free to make their own decisions regarding advertising and may sell any Extreme Mist PCS product at any price they choose, without consulting or advising Extreme Mist PCS, LLC., as long as they are not advertised under Extreme Mist PCS, LLC MAP policy. Extreme Mist PCS, LLC has the right to make its own decisions regarding its Authorized Resellers, marketing materials, point-of-purchase displays, new product availability, or future promotional, joint marketing, or sponsorship programs.
Extreme Mist PCS, LLC reserves the right to discontinue doing business with a reseller that purchases Extreme Mist PCS® products directly, or a reseller that purchases our products from a distributor that advertises any product(s) covered by this MAP Policy at a price lower than the MAP. Offenders of the MAP Policy will be notified with a written warning by email. If the reseller continues to violate the MAP policy, Extreme Mist PCS, LLC may discontinue doing business with the reseller. Distributors will also be instructed not to sell Extreme Mist PCS® products to resellers that do not comply with the MAP policy. Extreme Mist PCS, LLC requires all distributors and resellers to use our current logos and product and packaging images when selling our current product line. These images can be obtained from Extreme Mist PCS, LLC directly.
The products covered by this policy are listed as “MAP Products”. Extreme Mist PCS, LLC may update this list, at our discretion, in the future.
The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or by telephone.
Extreme Mist PCS, LLC believes in maintaining a fair and well-regulated marketplace for its authorized resellers. Please see the FAQ's for more information on our MAP policy and strict enforcement of this policy.
The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as Internet sites, social media sites, apps, or any other electronic media.
The MAP Policy does not apply to in-store advertising that is not distributed to customers.
Website features such as “click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, and automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the dealer (rather than by the customer) and thereby incorporates “advertising” under this MAP Policy.
It is not an infringement of this MAP Policy to advertise that a customer may “call for price” or “email for price”, or to use similar wording, specifically with respect to Extreme Mist PCSTM Products, as long as no price is listed or advertised.
This MAP Policy also applies to any activity which Extreme Mist PCS, LLC determines to be designed or intended to bypass the MAP Policy, such as solicitations for group purchases.
It is not an infringement of this MAP Policy to advertise that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; as long as the reseller does not include any advertised price below MAP and complies with this MAP Policy in every other way.
Occasionally, Extreme Mist PCS, LLC may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, Extreme Mist PCS, LLC reserves the right to modify or suspend the MAP retail price for a specified period of time by providing advance notice to all resellers of these changes.
“Bundling” or advertising Extreme Mist PCS® products for sale together with other products will violate this MAP Policy when:
- the stated price of the bundle represents a discount of greater than 15% of the MAP; or
- the product(s) bundled with MAP Products violate(s) Extreme Mist PCS, LLC.'s Intellectual Property rights; or
- the product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s).
Coupons or other incentives which are dependent upon the purchase of a MAP Product will violate this MAP Policy when:
- the effective or stated price of the bundle represents an immediate discount of greater than 10% of the MAP; or
- the stated price of the bundle represents a discount of greater than 10% of the MAP after taking into consideration any future purchase.
Rebate programs from Extreme Mist PCS, LLC, whether on MAP Products or Extreme Mist PCS LLC’s partners' products, are excluded from this policy.
If a dealer with a single or multiple store locations violates this MAP Policy at any one store location, or on any associated website, then Extreme Mist PCS, LLC will consider this to be a infringement by the dealer.
Extreme Mist PCS, LLC reserves the right to cancel any pending distributor or direct orders, restrict future orders, or suspend dealers' account if Extreme Mist PCS, LLC believes:
- a dealer has violated the provisions of this policy; or
- a dealer intends to violate this policy.
Extreme Mist PCS, LLC is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate actions to be taken.
Waivers to this MAP Policy may be granted by Extreme Mist PCS, LLC in writing. In the event that Extreme Mist PCS, LLC authorizes a waiver to the MAP Policy, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.
Extreme Mist PCS, LLC monitors the advertised prices of dealers, either directly or via the use of third party agencies or tools. Dealers are expected to cooperate in any Extreme Mist PCS, LLC investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with an Extreme Mist PCS, LLC MAP Policy investigation is a violation of this MAP Policy.
The MAP Policy will be strictly enforced by Extreme Mist PCS, LLC and its authorized distributors at its sole discretion. Resellers violating the MAP policy will be sent a written notice of the violation via email prior to any action being taken. If the violation is not corrected within 24 hours or if it occurs again, Extreme Mist PCS, LLC may discontinue doing business with the reseller directly and indirectly through distributor purchases by the reseller. All Distributors, of Extreme Mist PCS® products will be required to comply with MAP Policy enforcement.
Infringements of this policy may result in any of the sanctions mentioned above, up to and including termination of our business relationship, as well as any available remedies by law. All questions related to this MAP Policy should be directed to: ron@ExtremeMist.com.