EARTH SOLUTIONS Enterprise, LLC. (EARTH SOLUTIONS) has unilaterally implemented this Minimum Advertised Price Policy (MAP Policy) on our products, which shall apply to wholesalers and retailers, including internet retailers (collectively, “Resellers”) who resell our products or who use our dropship service to resell EARTH SOLUTIONS’s products to end users. Due to the nature of drop shipping, we deemed this policy necessary to prevent cut throat competition amongst our resellers.
The MAP Policy shall work under the following guidelines:
1. The MAP Policy shall apply to all EARTH SOLUTIONS products. MAP pricing is established by EARTH SOLUTIONS and may be adjusted by EARTH SOLUTIONS at its sole discretion at any time.
2. The MAP Policy applies to all advertisements of EARTH SOLUTIONS shoes in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media including websites, email newsletters, email solicitations, television, radio, and public signage.
3. The MAP policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer. In-store displays, point-of-sale signs, hangtags or bar codes or similar marks on products or product packaging which merely state the price are not considered “advertising” for purposes of this MAP Policy. In that regard, this MAP Policy does not apply to the actual sales price on any “check-out page” of any Reseller’s website or related internet site (typically the page at which the end user finally purchases the product). This MAP Policy does apply to any other page(s) on the Reseller’s website.
4. “Bundling” or including a free or discounted product with a EARTH SOLUTIONS product covered by this MAP Policy would violate this policy and is not permitted.
5. If pricing is displayed, any strike-through or other alteration of the Minimum Advertised Price is prohibited.
6. The MAP Policy applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the Resellers retail location or over the telephone. EARTH SOLUTIONS Resellers remain free to sell our MAP products at any prices they elect.
7. The MAP Policy does not establish maximum advertised prices. All Resellers may offer EARTH SOLUTIONS products at any price in excess of the MAP established for such products. Internet auctions may not display or have reserved bid or other acceptable prices below the MAP price.
8. The MAP Policy does not in any way limit the ability of any dealer to advertise that “they have the lowest prices” or, they “will meet or beat any competitor’s price,” that consumers should “call for a price” or similar phrases as long as the price advertised or listed for the products is not less than MAP.
9. From time to time, EARTH SOLUTIONS may instigate promotions for products covered by the MAP Policy because the products are being discontinued or because they are just being released. In such events, EARTH SOLUTIONS reserves the right to modify or suspend the MAP with respect to the affected products by notifying all Resellers of such a change. EARTH SOLUTIONS further reserves the right to adjust the MAP with respect to all or certain products at its sole discretion upon 7 days advance written notice to Resellers provided that such changes shall apply equally to all Resellers.
10. In cases of violation of the MAP Policy, Resellers will be allowed twenty-four (24) hours to bring advertising into compliance or EARTH SOLUTIONS will cease supplying products to the Reseller. In cases of intentional and/or repeated failure to abide by this policy, EARTH SOLUTIONS will terminate all orders from EARTH SOLUTIONS to the Reseller. EARTH SOLUTIONS will not provide prior notice or issue warning before taking action under this policy.