Universal Minimum Advertised Price Policy (UMAP)
Zero Gravity Racks (ZGR) is dedicated to providing our customers with innovative high quality products, and superior sales and marketing support. In order to continue to uphold these values, ZGR has established a Universal Minimum Advertised Price Policy (UMAP) (the Policy) to exercise more control over the distribution of ZGR products while achieving the following objectives:
ZGR feels this Policy will protect ZGR’s brand image, goodwill, and establish a sustainable platform for profitable growth for all authorized retailers, resellers and distributors across our supply chain. It is important to ZGR that our retailers, resellers and distributors experience sufficient profits from the sale of ZGR products (hereinafter Products) thereby allowing them to provide important value added services throughout the supply chain including adequate product inventory, encouragement for the stocking of new products, and customer services and support. This policy has been unilaterally adopted by ZGR and will be enforced strictly and uniformly. Therefore, all sales of ZGR products will be subject to this Policy regardless of the mode of sale including internet, traditional retail, and exhibitions or shows. ZGR may change or cancel this policy at any time.
General Sales Policy Terms and Conditions
The following terms of this Policy apply to all sales of Products by retailers, resellers and distributors.A. UMAP Policy: Zero Gravity Racks has established a Minimum Advertised Price (MAP) for all Products. This UMAP Policy applies to any and all advertisements in all media including, but not limited to, inserts, newspapers, magazines, catalogs, public signage, billboards, and any other print media, television, radio, email, internet websites or other commerce, flyers, posters, coupons, brochures, any use of hypertext transfer protocol or internal links to a web based shopping cart and any other electronic media. Additionally:
B. Monitoring and Reporting: ZGR may engage in monitoring of advertised prices of Product sales in all channels, either directly or via the use of third parties. Third parties retained by ZGR may engage in the monitoring of Product sales by retailers, resellers and distributors to verify that the terms of this Policy are being enforced.
C. Penalties: It is ZGR’s unilateral policy that if a retailer, reseller or distributor’s advertisements for Products contain a price lower than the MAP as set forth in the current ZGR price list (that may be announced by ZGR from time to time), the following penalties will be strictly enforced:
D. Ownership/Control of Website: Any website on which Products are advertised for sale must be owned or directly controlled by the retailer, reseller or A retailer, reseller or distributor may not advertise on the internet by purchasing space on any other web page such as a search engine or commercial website and any arrangement whereby a third party will conduct the internet sales for a retailer, reseller or distributor are prohibited without the prior written consent of ZGR, which shall be granted or denied at the sole discretion of ZGR.
E. Auction Sales: No Products, including manufacturer close-outs (i.e., discounted styles, opportunity buys) and those with factory defects (i.e., blemishes, factory seconds), may be offered for sale via an auction process by a retailer, reseller or distributor on any internet site including, but not limited to, eBay, Yahoo, and Amazon.
F. Intellectual Property: A retailer, reseller or distributor may not use any ZGR name(s), trademark(s), logo(s) or product name(s), in a way that is not in accordance with this Policy or violates ZGR’s use policy. ZGR Intellectual property will not be altered by retailers, resellers or distributors in any way. This includes product images, brand logos and other general copyrighted materials. Furthermore, ZGR intellectual property may not be utilized in a way to suggest an unauthorized endorsement from ZGR for a product or service not manufactured or offered by ZGR. Additionally, ZGR names, trademarks or product names may not be used in the retailer, reseller or distributor’s URL address or domain name.
G. Website Content: A retailer, reseller or distributor’s website may not give to any users the impression or any reason to believe that they have reached ZGR’s website or a site that is endorsed or sponsored by ZGR. A retailer, reseller or distributor’s website must state clearly and conspicuously that it is owned and operated by an independent entity. A retailer, reseller or distributor’s website must accurately display any applicable trademarks owned by ZGR. Retailers, resellers or distributors are responsible to make all changes to reflect the latest use of ZGR names, logos, and trademarks. Framing of any part of ZGR’s website is strictly prohibited and a retailer, reseller or distributor’s website must present a look and feel distinctly unique from that of ZGR’s website.
H. Reservation of Rights: ZGR reserves the right to at any time restrict certain Products from being sold on the internet at ZGR’s sole discretion or to prohibit the advertising and marketing of any or all of its products on the internet.
By distributing or selling ZGR products, you hereby agree to follow the terms of the UMAP Policy and agree to abide by all requirements outlined in this document.