eLuxury LLC
Minimum Advertised Price (MAP) Policy
Effective Date: June 1, 2019
eLuxury LLC has put forth significant efforts and investments in the branding of the company, which emphasizes the quality of all eLuxury products and services. eLuxury believes that its products must be advertised at prices that reflect the quality of the products and not damage the image of the company.
eLuxury expects all retailers, both online and offline, to maintain the brand image by pricing the items appropriately.
To maintain this level of quality, eLuxury has implemented a Minimum Advertised Price (“MAP”) Policy for all eLuxury, eLuxurySupply, ExceptionalSheets, and Revoloft products.
This policy is an addition to all other policies/programs that are intended to continue to establish strong branding that allows the customer experience to be consistent with the quality and excellent level of service eLuxury has become known for.
1. SCOPE OF POLICY
The Policy applies to all resellers that sell and promote any eLuxury product online or in a retail setting. This includes website placement, 3rd party marketplaces, email marketing, affiliate marketing, pay per click advertising, print media, terrestrial/satellite radio, podcasting, etc.
2. COVERED PRODUCTS
This Policy covers only current eLuxury products and does not apply to discontinued or damaged products, as long as the advertising for the product it is clearly stated that the product is damaged or discontinued.
At any given point and completely at the discretion of eLuxury, certain promotions and special sales may be offered on certain eLuxury products. In these instances, eLuxury does reserve the right to suspend or change this policy partly or in its entirety and will notify resellers concerning the details of the changes and the planned duration.
Any eLuxury products can be added or removed from this policy by eLuxury at any time and at the sole discretion of eLuxury. The responsibility for regular checks of the policy at the following website url falls on the reseller 100% to be aware of any changes made by eLuxury: https://eluxurydistribution.com/eluxury-llc-map-policy/
3. ADVERTISING AND PRICES
a. Resellers are not required to indicate pricing for eLuxury products in all online media, but if there is a price indicated, the advertised price of a Product covered by this Policy cannot be less than the listed price for the product on eLuxury’s website, www.eLuxury.com or any third party marketplace.
b. If there is a limited warranty on the product being advertised, the reseller must accurately present this information to the customer on all advertisements that in no way mislead the customer or present any falsified or exaggerated information.
c. Resellers, unless pursuant to a separate agreement, do not have rights to eLuxury’s trademarks. Resellers are prohibited from using the words “eLuxury”, “eLuxurySupply”, ExceptionalSheets”, “Revoloft” or any other similar works meant to confuse as a part of their business name. This includes email addresses, website urls, or any other business title associated with the reseller.
d. Resellers are prohibited from selling any eLuxury products to other resellers that advertise in any form of media that indicates a price lower than the MAP policy allows or in any other way violates this policy.
e. The listing of the price of any eLuxury product on an approved third party website** is considered advertising and is subject to the terms of the MAP policy. All non-MAP compliant pricing on ANY 3rd party retail or auction site is prohibited and is in violation of this policy.
f. Resellers may list the price of any eLuxury product authorized for resale at any price in excess of the MAP.
g. Resellers can offer products on any approved third party website** under the brand name eLuxury, but all pricing must be compliant with the MAP policy with no exceptions.
l. The following actions by a reseller are prohibited under the eLuxury MAP policy:
1) Displaying a percentage or dollar off amount on the page with the advertised price that, when applied to the price, would lower the price of the product below the MAP.
2) Use of any coupon or discount code that would cause the price to drop below the agreed upon MAP.
3) Any online pay per click, affiliate, email, social media advertising, etc. with a percentage or dollar amount discount listed that would lower the price below the agreed upon MAP.
m. The following actions are NOT prohibited under the MAP policy:
1) Displaying a percentage or dollar off amount on the page with the advertised price that, when applied to the price, would NOT lower the price of the product below the MAP.
2) Providing free shipping
3) The payment of sales taxes
4) Providing financing to customers
**Approved third party websites:
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Bed Bath and Beyond
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Overstock
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Houzz
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Macy’s
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Target
4. ENFORCEMENT
eLuxury LLC strictly enforces the MAP policy with a series of account suspensions and, if unresolved or habitual, permanent account deactivation.
If a reseller offers the products in any advertisement, third party marketplace listing, on the company’s website, etc. below the agreed upon MAP, the first violation will result in the reseller receiving a first warning email from eLuxury with a screenshot and details of the violation.
If the reseller violates the policy a second time, eLuxury will suspend the reseller’s account for seven (7) days and the eLuxury Team will audit the listings of the reseller to investigate the scope of the violation. It is in the full discretion of the eLuxury Team to decide if the reseller will be allowed to continue offering eLuxury products. If the reseller is determined to be no longer in violation of the MAP policy, the reseller’s account will be reinstated.
Any subsequent account violations within a six month period from the original date of the suspension will cause the reseller to be subject to a minimum thirty day account suspension or, if so determined, account closure. The investigation and decisions made will be at the sole discretion of eLuxury.
5. POLICY ADMINISTRATION
This policy is unilaterally administered by eLuxury and is effective worldwide on any retail platform.
eLuxury will not seek consultation with any online reseller and will not accept an agreement with any online reseller regarding this policy. eLuxury offers no third-party beneficiary rights to the MAP policy. Any failure by eLuxury to require compliance with any provisions listed in this policy will not serve as a waiver of compliance.
This policy serves to supersede any past MAP policy put in place by eLuxury and is effective as of June 1, 2019. If there are invalid or unenforceable provisions in this MAP policy in any province or jurisdiction, the policy will be severed or modified in that jurisdiction or province to the extent of such invalidity or inability to enforce the policy and that fact will not affect the validity or eLuxury’s ability to enforce that provision in another province or jurisdictions in the remaining provisions of this policy.
eLuxury Sales Representatives do not have the authority to grant exceptions or modify this policy in any manner. eLuxury Sales Representatives will not have any communications with resellers concerning any violations of the provisions of this policy. eLuxury’s policy administrator is solely responsible for determining violations and will be the sole source of communication with the reseller concerning the violations or any account suspensions or closures.
This policy is subject to change at any time at the sole discretion of eLuxury. The notice for any changes will be posted publicly on the eLuxury website at this url: https://eluxurydistribution.com/eluxury-llc-map-policy/
Any questions regarding the MAP policy can be sent to the following email address: wholesale@eluxurysupply.com.