Comvita USA MAP Policy
Comvita USA, Inc (“Comvita”) recognizes that its high-quality resellers invest time and resources to deliver an extraordinary customer experience. To support its resellers’ efforts, Comvita wishes to establish policies that allow resellers to earn the profits necessary to maintain the high level of customer excellence people have come to expect from Comvita resellers.
Effective immediately, this unilateral Minimum Advertised Price (“MAP”) Policy applies to all merchants, entities, or individuals (“Resellers”) who sell Comvita products on the internet.
Covered Products
All Comvita products listed in the MAP Grid are covered by this MAP Policy (“Covered Products”). Comvita may make changes to the MAP Grid at any time and at its sole discretion.
Comvita may, from time to time, announce promotional periods during which the MAP Policy will not apply with respect to all or some Covered Products.
Advertisements
Resellers may not advertise the Covered Products, on the internet, below the minimum advertised prices published in the MAP Grid. Resellers may offer coupons, discounts, or incentives. However, if the discounted price makes the Covered Product fall below the approved minimum advertised price, then the discounted price cannot be advertised.
These requirements apply to all advertising of Covered Products made on the internet, including company websites and third-party marketplaces. These requirements also apply to all forms of advertising that may have a direct or indirect effect of discounting the advertised prices of Covered Products such as rebates, gifts, gift cards, or bundling. For purposes of this MAP Policy, the term “advertising” means any physical or electronic communication, promotion, broadcast, publication, or ad campaign of the Covered Products with respect to their sale made in any and all media, including but not limited to periodicals, television, radio, email, websites, newspapers, magazines, catalogs, flyers, coupons, smartphone applications, text messages, blogs, affiliate marketing networks, sponsored links, and social media.
Website features such as “click for price,” “see price in cart,” “add to cart for best price,” automated “bounce-back” pricing emails, pre-formatted email responses, forms, and automatic price display for any items prior to checkout, and other similar features are considered to be communications initiated by the reseller (rather than by the end customer) and constitute advertisements.
Auction Websites
For auction websites, such as eBay, the opening bids must be listed at a price equal to, or greater than, the minimum advertised prices published in the MAP Price List.
Anti-Diversion
All Covered Products are intended for sale to end customers in the United States. End customers are customers who purchase the Product for their personal use or consumption. Resellers must obtain prior written approval from Comvita to resell the Covered Products to buyers who are not end customers, such as wholesalers, distributors, vendors, and retailers. The Covered Products cannot be sold in markets outside the United States without prior written approval by Comvita. Further, Resellers may not import any Covered Products into the United States that are purchased in foreign markets with the intent to resell them in the United States.
Drop Shipping
Order fulfillment by drop shipping is prohibited without prior written consent from Comvita.
Business Names Disclosure
Resellers must disclose to Comvita all business names, assumed names, online seller profiles, and websites used in connection with the sale of the Covered Products on the internet, including contact information.
Violation
It is a violation of this MAP Policy for Resellers to advertise the Covered Products, on the internet, at prices lower than the minimum advertised prices published in the MAP Grid. Any activity that by design or operation circumvents the intent of this MAP Policy is considered a violation.
Comvita will issue violations to Resellers who fail to follow this MAP Policy, which will increase in severity if a Reseller fails to cure the violations.
This MAP Policy is not intended to restrict Comvita’s right to change its decisions regarding Resellers and others with whom it will do business. Depending on the severity of the violation, or the response from a Reseller when notified of a violation, Comvita may immediately cease doing business with the Reseller. Repeated violations of this MAP Policy are grounds for terminating a Reseller’s relationship with Comvita.
The failure by Comvita to issue a violation or enforce this MAP Policy at any time does not constitute a waiver of its right to enforce the MAP Policy for future violations.
Multiple Online Stores
A violation issued to a Reseller who owns multiple online stores, online seller profiles, or websites will be treated as a violation by all its online stores, online seller profiles, and websites.
Policy Administration
This MAP Policy is unilateral, non-negotiable, and not subject to approval by Resellers. This MAP Policy will not be altered for any Reseller for any reason whatsoever. Further, this MAP Policy applies to advertised prices only and not the final resale prices at which the Covered Products are sold. All Resellers remain free, and independently have the sole discretion, to sell the Covered Products at any price they choose.
Comvita may update, modify, suspend, or terminate this MAP Policy, and the MAP Grid, at any time in its sole discretion. No Comvita employee has the authority to negotiate, modify, or alter this MAP Policy.
Comvita employees may not solicit or obtain the agreement of any person to this MAP Policy or discuss any aspect of this MAP Policy with any Reseller. Any questions about this MAP Policy must be submitted in writing to the Policy administrator at brandprotection@comvita.com.
This policy supersedes all prior Comvita policies or communications regarding its minimum advertised prices.