Energy One Advertised Price Policy and the Internet July 1, 2017
Due to the popularity of some of our products, Energy One has taken a closer look at maintaining a level playing field for all resellers of our products. We view the internet like any other medium for advertising Energy One products. The same rules and violations that apply to print advertising also apply to resellers who use this electronic medium for advertising, price offering and/or order placement. To remain in compliance with new Minimum Advertised Price Policy (MAP) guidelines, all advertised prices must be at, or above, the current suggested retail price as published by Energy One. Confirm MAP compliance prior to price and product placement in your web site, store.
The primary purpose of Energy One’s MAP policy is to benefit the customer/consumer. As you know, our products are technical in nature. Consequently, our products may require technical support for the consumer by a reseller with a high level of expertise. Energy One has determined that a few of our resellers do not have the technical expertise and usually, these are the people who offer our products at prices well below the minimum advertised price. As a result, the consumer is misled into believing that he or she can purchase our products at an unusually low price that includes technical support and a reseller’s willingness to stand behind and service that product.
While Energy One does not in any way restrict or limit the price at which a reseller sells any of the products it distributes, we believe that our MAP will encourage responsible pricing that will benefit the consumer with technical support when needed. We believe that if the consumer calls and speaks to a representative of the reseller in order to obtain a price quote, there is a much higher probability that knowledge of the customer’s application and technical support after the purchase will be discussed. Therefore, the consumer will be in a better position to assess the character and technical expertise of the reseller and make a more informed choice when purchasing our products.
Because you, as the reseller, can sell our products for any price you deem appropriate, Energy One does not believe that our MAP will restrain your ability to sell our products at a price that you deem profitable.
Energy One also believes that our MAP will stimulate interbreed competition by reducing intrabrand and eliminating free-riding by certain resellers that undersell our other resellers by offering few point of sale services or no customer support.
Resellers are not required to list prices in advertising; however, if a price is listed, it must be at or above MAP. If you choose not to list a price, only the words “call for price” or “call for quote” are acceptable and permitted. Resellers are responsible for ensuring their pricing is at or above MAP on internet search engines, including Ebay, Amazon or other similar auctions and/or fixed price sales.
Energy One Trademarks
Energy One has developed several trademarks or service marks and associated logos. Energy One also holds copyrights to the material in its catalogs and advertisements. In order to monitor the use of its trademarks, service marks, or logos, Energy One has adopted the following for its valued reseller network: Energy One does not in any way restrict or limit the price at which a reseller sells any of the products that it distributes. It does however, enforce an Advertising Policy (AP), which is intended to preserve the goodwill and market reproduction of Energy One and its trademarks, service marks or logos.
It is Energy One’s policy that no reseller may use Energy One’s trademarks, service marks or logos, including without limitation, Energy One or any similar trademarks, service marks or logos or variations thereof. This also includes any of its materials that are subject to copyright protection (“Copyrighted”), in connection with any advertising, publication, catalog, web page, or other printed, audio, video or electronic material UNLESS the reseller complies with the following requirement:
“No trademark, trade name, service marks or logos may be used in any advertisement, catalog or publication, whether printed, audio, video or electronic, if the product price is also used in that advertisement, catalog or publication unless the price used is the current suggested retail price as published by Energy One.”
To be sure that advertisements or publications comply with the Energy One AP, the reseller can submit the advertisement or other publication to Energy One for approval prior to printing and distribution. Please allow addition time the using Energy One trademark, trade name, service marks or logos in advertisements and publications. These requests can be faxed or emailed to:
Attn: Nancy Foltz
Energy One will respond to this request within two (2) weeks.
Compliance with MAP Guidelines
We try to keep the MAP guidelines as easy to understand and adhere to as possible. By following important points listed throughout this document, your advertising efforts will remain in compliance with the MAP program.
If you choose to do so, you may leave out pricing information in your advertising and promotions altogether.
If you choose to advertise prices for any Energy One products in your promotional efforts, the pricing for them must be at or above the current MAP listing.
No discount images, strike throughs, minus-outs or words such as subtract, take away or less, may be used if it makes the price of the Energy One advertised product below MAP, either as an individual product or as part of a bundle. If a price is to be listed, it is listed only as a price at MAP.
Failure to Comply
If a reseller’s advertising material contains prices other than suggested retail prices and the advertising material was not pre-approved by Energy One, the MAP and Advertising policy will be enforced in the following manner, including through Energy One and it’s distributors.
First Offense: Reseller will receive a documented notice of violation (“NOTICE”) and will be given thirty (30) days to remove the offending print advertisements from publication and distribution and three (3) business days to remove any offending electronic advertisements from web pages or internet sales sites.
Second Offense: Reseller will receive a NOTICE and will be placed on a non-ship basis for a period of thirty (30) days from the date of the NOTICE with regard to all products involved in the violation.
Third Offense: Reseller will receive a NOTICE and will be placed on a No Ship basis indefinitely with regard to all products involved in the violation.
Energy One grants to its resellers a revocable, non-exclusive, non-transferable worldwide license, for as long as the reseller is selling products carrying an Energy One mark, to use Energy One trademark, trade name, service marks or logos provided the reseller complies with these MAP & Advertising policies. Such limited license does not include the right of resellers to register the trademark, trade name, service marks or logos as or within domain names or to use the marks in reseller trade names.
Energy One further grants to its resellers a revocable, non-exclusive, non-transferable license, for as long as the reseller is selling products carrying a Energy One trademark, trade name, service marks or logos, to reproduce, distribute and display Copyrighted materials shall be accompanied, where appropriate attribution identifying Energy One as the owner of the trademark, trade name, service marks or logos and/or Copyrighted materials used.
For purposes of this MAP Policy, “advertisement” is defined as any advisement, announcement, information, publication or notice given or made by a reseller in connection with the solicitation of business or sales of the products covered by Energy One’s MAP policy in whatever medium is now known or hereafter developed including print, radio, telegram, television, handbill, sign (except signs in the reseller’s retail store), catalog, letter (including e-mail), electronic media, telecommunication, internet or online auction. For purposes of internet sales the entire web site, including the “shopping cart” or similar web site location, will be considered part of the “advertisement” if it can be accessed by links contained on or within the web site.
Any violation of this MAP Policy and/or any apparent unauthorized use of Energy One trademark, trade name, service marks or logos or Copyrighted materials should be report to the Energy One Legal Department at:
Energy One values its relationships with all of it’s resellers and want to work with each reseller to assist in helping make the reseller’s business as successful as possible.
Energy One may, at its sole discretion and without notice, modify products, price and its policy.