ADVERTISING POLICY, GUIDELINES AND MAP PRICING INTRODUCTION
At Umbra we share a vision of creating original, modern, and casual designs for every room in the home. As a global housewares design company, we are driven by curiosity, creativity and a passion for design. Our global team works out of more than 100 different countries to collaborate and bring our designs to life. We recognize that our success is based on our network of selected authorized retailers, many of which invest a great amount of time and resources into delivering our vision through memorable customer experiences.
MINIMUM ADVERTISED PRICE POLICY
To maintain our brand, Umbra has unilaterally established an advertising policy (the “Advertising Policy”) which applies to all Umbra products (“MAP Products”). This Advertising Policy applies to all advertising and marketing activities of retailers who resell MAP Products (“Retailers”) in the United States. All Retailers who resell MAP Products to customers other than consumers for personal use must communicate and enforce the Advertising Policy to such customers. Failure to enforce the Advertising Policy according to its terms is a violation of the Advertising Policy. It is Umbra’s policy to cease supplying MAP Products to Retailers that do not adhere to this Advertising Policy. Umbra will not discuss or solicit any aspects of any Provider’s or customer’s adherence to the Advertising Policy with any other Provider or customer. Umbra may engage a third-party to monitor compliance with this Advertising Policy.
PUBLISHED ADVERTISED PRICES
No Retailers may advertise any MAP Products at a price below Umbra’s published minimum advertised price. Minimum Advertised Prices may be amended or adjusted from time to time by Umbra in its sole discretion. Current Minimum Advertised Prices for MAP Products are available on Umbra’s website. Retailers are responsible for obtaining current Minimum Advertised Prices prior to initiating advertisements.
The Minimum Advertised Price is not intended as a minimum selling price and retailers are free to sell MAP Products at pricing they choose.
The North American Advertising Policy is a unilateral policy adopted by Umbra, and no employee or sales representative of Umbra has any authority to amend, modify or otherwise alter the terms and provisions of this policy as to any provider. Umbra neither solicits, nor will it accept, any agreement to comply with, or assurance of compliance with, this Advertising Policy by any Provider.
REFERENCES TO MAP
No advertisement for any MAP Products may, directly or indirectly, indicate that prices are subject to Umbra’s advertising guidelines and policies. All references to MAP or the advertising policy are prohibited.
A price must always be shown for MAP Products and adding a product to an online cart to display a price is a violation of the policy. The advertised price may not be crossed out. The MAP price may not include freight or shipping to equal the MAP price. A provider (reseller) is responsible for all advertisements listed on the web including Google, Yahoo! and all other marketplaces.
ADVERTISING KITS OR BUNDLES MAP
Products sold in products bundles or as kits may not be advertised at a bundle or kitselling price less than the sum of the Minimum Advertised Prices for each individual MAP Product included in such bundle or kit. In addition, advertisements for bundles or kits that include MAP and non-MAP Products may not be advertised as a bundle or kitselling less than the sum of the Minimum Advertised Prices of the individual MAP Products included in the bundle or kit.
Discounts, coupons and rebates cannot be offered on any website, search engine, or 3rd party marketplace that would have the effect of pricing a MAP Product below Umbra’s published minimum advertised price. Site wide coupons or discounts can be advertised.
NEW VS. USED
All advertisements for MAP Products must clearly indicate if the item is “new” or “used”. A used MAP Product may be advertised below MAP so long as the images are of the actual used, unboxed item and nowhere in the title or description does it say “new” or “like new”.
MAP PRODUCTS SOLD TO RESELLERS
Each Provider (reseller) or Distributor who sell products to other resellers must communicate and provide an updated MAP Policy with pricing to that reseller. Failure to do so is a violation of this policy.
Selling on auction sites is permitted provided the advertised price is at or above MAP. Any authorized reseller that chooses to sell on an auction site must adhere to the site’s rules and regulations. Umbra products need to be listed as “Buy it Now” or at a fixed price at or above MAP. Any violation will result in the products being automatically delisted from the auction site and may result in an item suspension when ordering the products from Umbra.
Umbra will not discuss any aspects of a Provider’s (reseller’s) adherence to the US Advertising Policy. To report a violation please email email@example.com. Please note you will not receive any correspondence regarding your reported violation. It is the responsibility of the authorized reseller to update Umbra of any email address changes or additions. Changes or additions can be emailed to firstname.lastname@example.org.
Umbra reserves the right to update, revise, modify or discontinue the North American Advertising Policy at any time. If you have any questions regarding this policy or to report a violation, please email email@example.com.
EXECUTION OF POLICY
1st Violation: An email is sent to the authorized reseller who will have 24 hours to correct the violation. If the violation is not corrected within 24 hours the SKU is suspended. If the authorized reseller is still in violation after 72 hours, the violation will be considered a second violation.
2nd Violation: An email is sent to the authorized reseller and the reseller’s SKU is automatically suspended for a minimum of 5 days. The suspension will begin when the email is deployed and the 5 days is added on to when the violation is corrected. If the violation is not corrected within 5 business days, it will then be considered a third violation.
3rd Violation: An email is sent to the authorized reseller and the reseller’s SKU is automatically suspended for a minimum of 30 days. The suspension will begin when the email is deployed and the 30 days is added on to when the violation is corrected. If the violation is not corrected within 5 business days, the SKU will be suspended for a minimum of 90 days.
Any violation to the North American Advertising Guidelines, not just MAP pricing, will have the same consequence as violating a MAP price. Umbra does not give authority to any employee, sales person, or representative to answer questions about or to discuss the MAP policy. The Program Administrator is the only one with whom concerns may be addressed. Umbra Sales Managers may inform policy offenders of violations however, any further correspondence must be sent to firstname.lastname@example.org.