Date: October 17, 2022
Overview: To retain brand value and a healthy distribution channel, Yandina has implemented a Minimum Advertised Price Policy.
The Minimum Advertised Price (MAP) Policy sets a Minimum Advertised Price (MAP) for all Yandina products. This policy is designed to curb price slashing among Yandina retailers enabling them to remain profitable in this highly competitive business environment. To remain in good standing, Yandina Resellers must advertise and sell all products at, or above, the MAP.
Yandina will administer and enforce the MAP policy. Violations or refusal to participate in the Yandina MAP could result in loss of: Annual Advertising Cooperative Funds, Volume Rebate Incentive Rights to use Yandina intellectual properties, Ability to purchase Yandina products.
Reseller Defined: A reseller constitutes any merchant that sells to consumers. This includes, but is not limited to jobbers, retailers, online dealers, warehouse distributors, auction sellers, or auction sites. A reseller is also considered to be anyone that uses Yandina trademarks in connection with the advertisement, offering for sale, or sale of Yandina goods, whether such use is with or without Yandina’s consent.
Furthermore, warehouse distributors (WD) are responsible for monitoring to whom they sell to and ensuring that the purchasing party is not violating the MAP. Failure to do so may result in penalties to both the reseller and the WD.
Violations: A violation is defined as the sale or advertising of an Yandina product(s):
- Selling below the stated MAP; Which are bundled together at a price below the aggregated MAP of the individual items; On a website with ambiguous pricing such as: “See Price in Cart”, “Make Offer”, “bid”, rebate funds, customer specific funds, or “Instant Message me for pricing”
Promotions: Yandina reserves the right to run National Promotions of their products. Yandina will provide to resellers the promotional information, with adequate timing, to ensure continued compliance with the pricing policy. Yandina encourages resellers to utilize the national promotions to their advantage while providing a high level of customer service to the end user.
Yandina encourages retail promotions and sales of our products. All retail promotions must be approved by Yandina in writing 90 days prior. If the retail promotions do not meet the requirements of the MAP, they will be in violation, subject to enforcement and penalties.
Enforcement & Penalties: MAP Services will administer the MAP by sending resellers notifications of violations. Once a violation is discovered, the reseller will automatically be penalized for their violation in accordance with the penalties stated below. The reseller will have (2) business days from the date the notification was composed to correct an internet violation, and (3) business days to correct all other violations. If a violation is not reconciled within the time allotted, the reseller will automatically receive the subsequent notification. Yandina will make the final determination as to whether the violation will be withdrawn.
- Penalty for First Notification of Violation: a. Direct Accounts will: Lose the privilege to purchase the product found to be in violation for (30) days. b. Non-Direct Accounts will: Be added to the warehouse distributor Do Not Sell list and lose the privilege to purchase the product found to be in violation for (30) days.
- Penalty for Second Notification of Violation: a. Direct Accounts will lose: The privilege to purchase the product found to be in violation for (90) days. 50% of their annual COOP funds. If any of the funds have already been credited, they will lose funds for the following year. b. Non-Direct Accounts will lose: All rights to Yandina intellectual properties and will have two days (2) business days to remove them off their website. The privilege of being listed on the Yandina dealer locator.
- Penalty for Third and Final Notification of Violation: a. Direct Accounts: Immediate action must be taken to remove all Yandina products from the website. The following will be revoked immediately and remain in affect indefinitely. All Yandina intellectual property rights Privilege to purchase all Yandina products. 100% of annual COOP funds. If any of the funds have already been credited, they will lose funds for the following year. Eligibility to receive the Volume Rebate Incentive. Privilege of being listed on the Yandina dealer locator. b. Non-Direct Accounts: Will immediately be placed on the Yandina Do Not Sell List. This includes all Yandina products. All Yandina intellectual property rights are immediately revoked. This policy may be modified or amended at any time by Yandina. If any changes are to occur, Yandina will distribute a (30) day written notice of any changes to its resellers. Updated information may also be found at www.Yandina.com/MAP.
IF YOU HAVE BEEN MADE AWARE OF THIS MAP AND CONTINUE TO SELL YANDINA PRODUCTS, YOU CONSENT TO AND AGREE TO ALL OF THE TERMS AND CONDITION OF THIS MAP.
We greatly appreciate your business and continued support of the Yandina brands. Should you have any questions regarding this policy, please feel free to contact us.
MAP Services Reporting and Contact Email: Yandina_Sales@Hypertech.com