Brightz Minimum Advertised Price Policy for Online Marketplaces

 

BRIGHTZ, LTD. MINIMUM ADVERTISED PRICE POLICY

Full Copy (Includes Pricing): BRIGHTZ, LTD US Minimum Advertised Price Policy, Rev 02.2019

Brightz, Ltd. is the owner and creator of Brightz products and is responsible for the marketing and sales of its products worldwide.

To ensure the integrity of its brand, preserve the image and value of its products, and build and maintain the retail network believed necessary to promote, sell and service its products, Brightz, Ltd. has unilaterally adopted a Minimum Advertised Price Policy for all online retailers in the USA.

Although retailers are free to determine their own retail prices, Brightz, Ltd. has unilaterally determined that it will cease sales of Brightz products to retailers who choose to advertise current model Brightz products not in accordance with the prices listed on the Minimum Advertised Price List or who advertise specific Brightz products without including prices.

Storewide loyalty programs, coupons, dividends and promotions are not considered violations of the policy as long as they are not advertised as discounts associated specifically with Brightz products. Advertising products discontinued by Brightz, Ltd. below the prices on the Minimum Advertised Price List is also not considered a violation of the policy.

Permitted and Not Permitted Promotions & Pricing
Brightz products must be listed at a price not below the prices stated in the Minimum Advertised Price List wherever advertised. RETAILERS ARE NOT PERMITTED AT ANY TIME TO ADVERTISE OR SELL BRIGHTZ PRODUCTS ON ANY THIRD PARTY WEBSITE INCLUDING BUT NOT LIMITED TO AMAZON.COM OR EBAY.COM AT A PRICE BELOW THE MSRP STATED IN THE MINIMUM ADVERTISED PRICE LIST. The sale of Brightz products on third party websites under pseudonym or alias is not permitted. Any promotions other than those described must be approved in writing by Brightz, Ltd.

Minimum Advertised Price List
The prices on the Minimum Advertised Price List have been unilaterally set by Brightz, Ltd. and will not be negotiated or discussed with any retailer. A copy of the Minimum Advertised Price List is attached. It is also available upon request from Brightz, Ltd. (accounting@brightz-ltd.com). Retailers are responsible for remaining current with the Minimum Advertised Price Policy and the Minimum Advertised Price List.

Intellectual Property Use
Retailers who comply with the Minimum Advertised Sales Policy may, subject to Brightz, Ltd.’s sole discretion, use Brightz images, trademarks, trade names and logos in their advertising. Brightz, Ltd. will cease sales of Brightz products to retailers who use Brightz images, trademarks, trade names, logos or other intellectual property inappropriately or without authorization. All intellectual property remains the exclusive property of Brightz, Ltd.

Compliance
Brightz, Ltd. will independently monitor compliance of its Minimum Advertised Price Policy, but retailers are free to contact Brightz, Ltd. (accounting@brightz-ltd.com) to make Brightz, Ltd. aware of violations of this Minimum Advertised Price Policy.

Retailers in violation of the Minimum Advertised Price Policy will be subject to the following, unless Brightz, Ltd. in its sole discretion chooses to take other action:

  1. First offense: Retailer will be notified and placed on a “do not ship” list until corrections are Violations not corrected within three business days will be considered a second offense.
  2. Second offense: Retailer will be notified and placed on a “do not ship” list for up to one Violations not corrected within three business days will be considered a third offense.
  3. Third offense: Retailer will not be notified and will be permanently placed on a “do not ship” list.

Unilateral Action
The Minimum Advertised Price Policy does not establish an agreement between Brightz, Ltd. and any retailer. Brightz, Ltd. will not negotiate or discuss any conditions of acceptance of this policy and will not accept any assurance of compliance.

Communication
Any questions regarding interpretation of the Minimum Advertised Price Policy should be directed to Brightz, Ltd. (accounting@brightz-ltd.com).

Effective Dates
The Minimum Advertised Price Policy applies to retailers in the USA and is effective as of 1 January 2016.

Policy Changes
Brightz, Ltd. reserves the right to unilaterally modify, change or update its Minimum Advertised Price Policy and Minimum Advertised Price List at any time.

 

Please see attached policy at the top to find minimum pricing.

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