1. Advertising Guidelines and MAP Pricing;
Dealer agrees not to "publish" a price discount more than 20% off of the Manufacturer's Suggested Retail or "List Prices” for any Company Product, as shown in the Company's web site www.aquasana.com in any Dealer advertisements accessible by the general public.
ealer agrees to strictly adhere to a maximum published discount of 20% off of “List prices” or the “MAP Price” for all Internet postings, advertisements or marketing materials distributed to or accessible by the general public. Violation of this policy will result in the termination of said Dealer. Upon the termination of said Dealer, Dealer agrees to immediately remove any reference to the Company, the Company's Marks or the Company's Products from all advertising, literature, web sites and/or all other marketing and promotional materials.
2. Termination;
Upon termination of the Agreement by Company or cancellation of Dealer as an authorized Dealer, Dealer agrees to return all unsold Aquasana inventory to for a full refund of the purchase price and immediately discontinue use of all of Company's Marks, images, copyrighted text and promotional materials.
3. Authorization to Use Marks;
Dealer is authorized to use and reproduce Company Marks, images, copyrighted text and promotional materials solely for the purpose of promoting the Company products and brand good will. Upon termination of the Agreement for any reason, Dealer agrees to immediately discontinue use of Company Marks and Materials.
4. Use of Company Marks;
Use Marks exactly as used by Company, without varying the spelling, abbreviating, adding or deleting hyphens, breaking one word into two or more words, pluralizing, or making possessive through use of apostrophes. Proper use of Company Marks can be found at www.Aquasana.com.
Use logos exactly as used by Company, without any alteration or modification to the design, words, colors and/or proportions.
5. Additional Rules;
Dealer may not use the Company Marks, or confusingly similar versions of the Marks, as all or part of a company name or trade name, whether registered or not without the prior written consent of Company. Dealer may not use the Marks, or confusingly similar versions of the Marks, in a domain name without the prior written consent of Company.
Examples of confusingly similar company and domain names include but are not limited to “AQUASANACOMPANY.COM”, “AQUASANA SALES COMPANY”.
Dealer may not register or apply to register the Company Marks, or confusingly similar versions of the Marks, in any fashion, including use of Company marks in a Domain name or URL without written consent from Company. Domain names using or containing the Company Marks shall be deemed the property of Company.
Dealer may not use the Marks, or confusingly similar versions of the Marks, in a manner that implies Company’s sponsorship or endorsement.
Dealer may not use the Marks, or confusingly similar versions of the Marks, in a manner that is inaccurate, distasteful or that disparages Company.
Dealer may not use the Marks, or confusingly similar versions of the Marks, in any manner that Company determines, in its sole discretion, diminishes or damages Company’s goodwill in the Marks.
Company reserves the right to review any use of the Marks at any time. Dealer must provide Company with specimens of Mark usage prior to use, and a reasonable opportunity to review and approve Dealer’s use of the Marks prior to their use if they differ from the Approved uses as seen on the Company Web Site, www.aquasana.com.
AGREED MINIMUM ADVERTISED PRICE POLICY (MAP)
It is agreed that Company’s interests and the interests of its Customers are best served through the adoption of a minimum advertised price (“MAP”) policy.
MAP Policy Coverage
This MAP policy covers all Company Dealers and Affiliates located in the United States and Canada. Although dealers remain free to establish their own “Non-Published” retail prices for the Products, Company reserves the right to unilaterally enforce this policy, and without assuming any liability, against dealers who advertise any Products at prices below those specified herein. This MAP policy is non-negotiable. Except for the Special Programs detailed below, Company will not alter the policy for any one dealer. This MAP policy applies only to the prices published by dealers for Products. It does not apply to the price at which any Products are sold or to published prices higher than the minimum resale prices unilaterally established by Company from time to time. MAP pricing for Company Products is to be NO less than 20% off of Company’s Current List Prices or Company MSRP prices as shown at www.Aquasana.com.
Company, at its sole discretion, may change the products and MAP from time to time. Dealers are responsible for maintaining familiarity with the contents of the current MAP policy, products and pricing.
The MAP policy applies to all publications regarding Company Products in any and all media viewable by the general public.
Additional Offers that affect Minimum Advertised Price
At Company’s sole discretion, it may deem any additional offer, including but not limited to “Gift With Purchase”, rebates, additional services or Products to be a violation of the MAP Policy. Company will from time to time recommend certain promotional offers that will not be considered MAP violations. Examples of such offers currently in place are the “Free Glass Decanter” promotion currently being offered. No other "published" offers for gift items or rebates are acceptable under this policy without prior written approval by Company.
Special Programs
At Company’s sole discretion, it may allow specific high volume sellers to have special programs that advertise specially packaged bundles of Products at a bundle price that is below the aggregate of the prices allowed herein for the individual Products. These programs will not violate the MAP and will not create any rights in other Dealers to participate in similar programs.
Policy Modifications
Company reserves the right to modify, suspend, or discontinue the MAP policy, in whole or in part and at any time, and to designate promotional periods during which the terms of the policy change or designate periods of time during which the policy is not applicable. Company will notify dealers of any policy modifications prior to implementation.
SUN WATER SALES PERSONNEL HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY OR TO HAVE ANY COMMUNICATIONS WITH ANY DEALER OR AFFILIATE REGARDING MODIFICATIONS OF THIS MAP POLICY. ANY MODIFICATIONS MUST BE APPROVED IN WRITING BY THE THEN COMPANY PRESIDENT OR CEO.