In order to maintain and further enhance BEA Inc’s brand name, we are implementing a unilateral policy announcing a minimum advertised price standards for products marketed and sold in the United States effective January 1, 2019.
The Unilateral Minimum Advertised Price (UMAP) is BEA’s suggested advertised price as set forth with our current trade price list. Please contact your BEA sales representative for the current UMAP price list. BEA distributors, dealers, retailers and business individuals selling into the United States shall not advertise below BEA’s UMAP. Any advertising that contains a price lower than the UMAP will be in violation of this policy. This includes but is not limited to catalog and e-commerce internet retailers using BEA’s distribution channels. This includes a price that is displayed on a “checkout” or “shopping cart” page.
Under the policy, BEA reserves the right to examine any product being advertised for compliance with the UMAP policy. Any seller that violates the policy will have 48 hours from notice, in writing of the violation, to correct the advertised pricing for the product(s) not in compliance. Continued non-compliance or violation of the policy will result in suspension of all shipments of such products to the seller for a period of three (3) months. Any subsequent violation of the policy by the same seller will result in BEA discontinuing all sales and shipment of BEA products to the seller and the seller shall be prohibited from further use of BEA’s trademarks.
BEA’s distribution partners shall provide a copy of the policy to all their dealers to provide notice that the policy will apply to those dealers. Upon receipt of the notice from BEA that a dealer has violated the policy, the distribution partner shall not be authorized to supply the specified products to such dealer for the specified period. This policy applies to all related terms, such as, but not limited to discounts or percentages off, free product, rebates and discount structures for existing or future purchases. Quantity and bundling offers are permitted as long as the advertised price does not violate the UMAP policy.
The UMAP policy does not cover point-of-sale signs, stickers, hangtags, or bar codes and similar markings on products or product packaging which merely states the retail prices at which BEA products may be purchased. The UMAP Policy will not apply to products being discounted, temporarily discounted or preapproved specials after thirty (30) days from the date of the BEA notice to the distributors and dealers.
The UMAP Policy does not apply in any way to your actual selling prices, the retail sales prices for any and all BEA products remain wholly within your discretion. BEA does not seek, nor will it accept, any agreement or assent from you respecting this policy, either now or at any future time. This policy is being established by BEA unilaterally and therefore is not subject to negotiation. BEA reserves the right at any time and for any reason to modify this policy, to establish new or different policies to discontinue any or all such policies. This Policy shall remain in effect until modified or terminated by BEA. BEA believes that its policy is clear and unambiguous. Should you have any questions regarding the policy, please direct them to BEA USA at 800-523-2462.