Through this policy, Savior Products, Inc. (“SAVIOR”) hopes to protect its image and reputation and to encourage those reselling its products to provide effective and meaningful support to SAVIOR and the end-user consumer of its products. Accordingly, to better provide for the continuing sale of our premium quality, innovative, and effective products and related items and to position SAVIOR properly in the marketplace, SAVIOR has adopted unilaterally this minimum advertised price policy (the “UMAP Policy”). The UMAP Policy applies to all resellers of SAVIOR products.
Effective Date: January 1, 2017
This UMAP Policy is effective on January 1, 2017. SAVIOR published this UMAP Policy with sufficient notice of its effective date. In so doing, SAVIOR provided Resellers with more than adequate time to conduct their business in accordance with the SAVIOR UMAP Policy.
The UMAP Policy
This UMAP Policy is consistent with the U.S. (federal and state) laws and regulations, which allow SAVIOR to establish the manner in which its products are distributed, sold, and advertised. SAVIOR determined independently to implement this UMAP Policy and did not do so at the request of any other company. SAVIOR will make all decisions regarding the enforcement of this UMAP Policy unilaterally and will not reach any sort of agreement with its Resellers because of complaints they might have regarding sales practice of other SAVIOR Resellers.
Minimum Advertised Prices (“MAP”)
The SAVIOR UMAP Policy does not determine, control, or influence the price at which Resellers sell SAVIOR’s products. It does not establish maximum advertised prices or require specific prices to be advertised. MAP does not apply to the actual price that a product is sold for in a retail location, over the telephone, or in a response to an end-user and/or consumer inquiry. MAP does not apply to price tags or signs located within a physical retail store. Authorized Resellers are entirely free to set their own prices for SAVIOR’s products.
SAVIOR establishes a MAP price for each part number, although for some products a MAP price may not exist. MAP prices are published by part number via pricing data sheets and are available to all Authorized Resellers including those that purchase SAVIOR’s products from a distributor. MAP applies to all forms of public consumer advertising including, but not limited to: television, radio, print advertising, catalogs, letters, coupons, internet advertising, email solicitations, websites, on-line auctions, social media posts, flash sales, etc. Promotions that result in an advertised price below MAP are not allowed unless the specific Authorized Reseller promotion is approved by SAVIOR in writing.
All consumer or public advertisement of SAVIOR branded products must not result in a net price that is below MAP. Net price is defined as the price less the value of any advertised discounts or instant rebates. However, free shipping or installation may be included at the MAP price. Advertisements must not indicate that a price lower than MAP is available. It is a violation of SAVIOR’s UMAP Policy if the lowest price displayed to the consumer is shown with a strikethrough or obliteration, or with text indicating that a lower price is available. Internet advertisements or auctions that do not show an actual un-obliterated price must not allow the consumer to click to see the price unless the price shown is at or above MAP. If the consumer must add the item to a shopping cart to see the advertised price, then the price shown must be at or above MAP. Questions regarding MAP or the UMAP Policy should be submitted in writing to Admin@SaviorProtected.com.
It is the responsibility of each Authorized Reseller to monitor SAVIOR’s UMAP Policy and product information, and review all aspects of their business practices to ensure compliance with SAVIOR’s UMAP Policy.
Although each Reseller remains free to establish its own prices, any Reseller offering or selling SAVIOR Products at a net price below MAP price will, without assuming any liability, immediately be removed from SAVIOR’s list of customers approved to purchase SAVIOR Products. Customers will not be removed from the list of approved customers unless SAVIOR verifies to its satisfaction that the Reseller has violated this UMAP Policy. A Reseller may violate this UMAP Policy in any or both ways:
1. By offering (through advertising, promotion or otherwise and regardless of place or medium used), by selling (in-store, online, through a catalog or otherwise) or by providing except in exchange for bona fide returns, one or more of the SAVIOR Products in the U.S. at a net price less than the then current minimum advertised price (“MAP”) established by SAVIOR. The MAP price for each of the SAVIOR Products will be as shown on the attached Savior Products, Inc. MAP Pricing file.
2. By selling (in-store, online, through a catalog or otherwise) one or more SAVIOR Products in the U.S. to a Reseller who has been placed on SAVIOR’s list of customers unapproved to purchase SAVIOR Products aka SAVIOR’s “Revocation List.” Reseller is prohibited from selling any SAVIOR Products to any Reseller who has violated the terms of this UMAP Policy.
Result of Violation
In the event that SAVIOR determines a violation of the UMAP Policy has occurred, a Notice of Violation will be sent to the Violator alerting them of the UMAP Policy violation. If the Violator does not take appropriate action to remedy the violation within a reasonable period of time as defined by SAVIOR, then the Violator will, without assuming any liability, immediately be removed from SAVIOR’s list of customers approved to purchase SAVIOR Products. The Violator will be placed on the Revocation List so that SAVIOR Authorized Resellers will be alerted and notified to cancel all pending orders from the Violator for any and all SAVIOR Products and to accept no new orders for any SAVIOR Products from the Violator.
SAVIOR reserves the right to repurchase the Violator’s unopened inventory of SAVIOR Products in their original packaging, at SAVIOR’s sole discretion and at reasonable terms of its choosing, including but not limited to a restocking fee.
Additional Policy Terms
This UMAP Policy may be modified, extended, suspended, discontinued or rescinded in whole or in part by Notice from SAVIOR at any time. Any such Notice will describe the duration and nature of any such modification, extension, suspension, discontinuation or rescission of the UMAP Policy by SAVIOR. SAVIOR’s view will control the interpretation or enforcement of this UMAP Policy.
SAVIOR will not discuss any conditions of acceptance related to this UMAP Policy. In addition, SAVIOR neither seeks nor accepts any assurance of compliance with this UMAP Policy. Notwithstanding anything to the contrary which may be expressed or implied in any communication between a Reseller and SAVIOR, nothing therein will constitute an agreement by such Reseller to comply with this UMAP Policy.
All questions or requests for additional information regarding this UMAP Policy or information regarding potential violations of this UMAP Policy must be addressed to the UMAP Policy Administrator:
||14717 W. 114th Terrace
Lenexa, KS 66215
No person other than the UMAP Policy Administrator identified above is authorized to answer questions regarding, to comment on or to accept information regarding potential violations of this UMAP Policy. In addition, any information regarding potential violations must be provided to the UMAP Policy Administrator in writing.