Brasstech, Inc. Minimum Advertised Price (MAP) Policy
As part of its strategy to market the finest in decorative hardware and plumbing products, Brasstech, Inc. has adopted the following Minimum Advertised Price Policy (“Policy”) for Newport Brass®-, Newport 365®-, Ginger®-, and Brasstech®-branded products (the “Products”). This Policy is effective January 1, 2020, and applies to all advertisements of the Products by Brasstech, Inc.’s Brasstech, Inc. Brand Showrooms, Wholesalers, Distributors and Kitchen and Bath Dealers, Resellers, and Retailers (“Customers”).
This Policy supersedes all prior Brasstech, Inc. Minimum Advertised Price Policies. To the extent that any provision, term, or agreement governing the relationship between Brasstech, Inc. and any Customer may be construed in a manner that is inconsistent with the terms of this Policy, the terms of this Policy control.
It is a violation of this Policy for any Customer to display an Advertised Price (as defined herein) for a Product below the Product’s Minimum Advertised Price.
“Minimum Advertised Price” shall mean the MAP listed for each Product in the then-current Brasstech, Inc. price file. In its sole discretion, Brasstech will establish the Minimum Advertised Price and communicate the Minimum Advertised Price to all Customers.
The “Advertised Price” shall be the price advertised to consumers net of all discounts, premiums, coupons or allowances offered for a Product. Direct or indirect attempts to circumvent this Policy also violate this Policy; however, it is not a violation to advertise that a customer may “call for price,” “text for price,” or “email for price” as long as no price is listed and no automated call, text message, or “bounce-back” email is used in response. Product promotions with a price lower than a Product’s applicable Minimum Advertised Price shall not be considered a violation of this Policy if they are advertised in conjunction with a Brasstech, Inc. promotional initiative. Brasstech, Inc. shall communicate any such promotional initiative in advance to all Customers.
Customers remain free to sell Products at any price they deem appropriate.
Notwithstanding the foregoing, pricing information displayed at the final online checkout stage of a transaction is not considered advertising under this Policy. The “final online checkout stage” is the stage when the Product is put into a shopping cart that contains the customer’s name, shipping address, email address, and payment information. Pricing information in the “shopping cart” or “checkout” stage must be obscured technically so that it is not retrievable by shopping and pricing engines, and not displayed on search page results within the reseller’s own website.
It will be considered a violation of this Policy for any Customer to sell any of the Products to any person or entity that advertises the Products at a price lower than the Minimum Advertised Price established by Brasstech, Inc.
Brasstech, Inc. has adopted this Policy unilaterally in furtherance of its independent business strategy. No Brasstech, Inc. employee or representative is authorized to modify, interpret, grant exceptions to, or change this Policy for any particular Customer; nor solicit or obtain the agreement of any person or entity to comply by this Policy; nor otherwise discuss any aspect of this Policy with any Customer, including that Customer’s or any other Customer’s compliance with the terms of this Policy. Any questions about this Policy should be submitted in writing and directed to Brasstech, Inc.’s MAP Policy Administrator at MAP@Brasstech.com. Brasstech, Inc. will accept no other form of communication from Customers regarding the Policy.
Each Customer is free to decide independently whether to follow this Policy. This Policy does not constitute an agreement between Brasstech, Inc. and any other entity.
Consequences for violation of this Policy are as follows:
- First Violation: Written warning from Brasstech, Inc.
- Second Violation (within 12 months of first violation): Written warning from Brasstech, Inc.
- Third Violation (within 12 months of first violation): For 30 days, Brasstech, Inc. will stop selling all Products to the violator, and the violator will not be authorized to purchase Products from any distributor.
- Fourth Violation (within 12 months of first violation): For 90 days, Brasstech, Inc. will stop selling all Products to the violator, and the violator will not be authorized to purchase Products from any distributor.
- Fifth Violation (within 12 months of first violation): Brasstech, Inc. will terminate its business relationship with the violator and the violator will not be authorized to purchase Products from any distributor. Brasstech, Inc. will revoke its acceptance of any pending orders and cancel any pending shipments to the violator.
Brasstech, Inc. may amend or discontinue this Policy at any time and will notify Customers of such amendment or discontinuation. This Policy is in addition to and separate from all other Brasstech, Inc. policies. Thank you for your continued support of Brasstech, Inc. Products.
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