Enclave UMAP Policy
ENCLAVE AUDIO
UNIVERSAL MINIMUM ADVERTISED PRICE POLICY
(UMAP)
Enclave Audio has updated this Policy as of December 20, 2017 replacing all previous policies and is applicable to all sales to Enclave Audio Customers located in the United States with respect to each of the designated product series and corresponding models. This policy is non-negotiable and will not be altered, modified, or amended for any Authorized Retailer.
In order to successfully compete in the marketplace and to maintain its premium brand image, Enclave Audio LLC has implemented this Unilateral Minimum Advertised Price Policy (“UMAP”). Therefore, all sales made by Enclave Audio’s Authorized Retailers to End Users of products listed in Schedule A of the Unilateral Grid inside the United States shall be subject to this Unilateral Policy.
PRODUCTS AND PRICING
Products covered by this Policy for UMAP Products are established on select Enclave Audio products as set forth on “Schedule A” attached hereto. Enclave Audio reserves the right to alter, modify, suspend, or cancel this Unilateral Policy, the products covered and/or the minimum advertised prices. Enclave Audio’s Authorized Distributors will be required to notify their customers of this Unilateral Policy and notify Enclave Audio of any UMAP violations.
PRICING CLARIFICATIONS
Advertising a combination of Product(s) from this Unilateral Grid with any other product for a price lower than the combined price of what the two (2) products are advertised at independent of each other, is not in acquiescence with Enclave Audio’s Unilateral Policy.
The issuance of non-Enclave Audio generated rebates (in any form) on a Product(s) listed in this Unilateral Grid is not in acquiescence with Enclave Audio’s Unilateral Policy.
Advertising that requests the End User “call for best price,” or “add to cart for best price” is not in acquiescence with Enclave Audio’s Unilateral Minimum Advertised Pricing Policy. Any promotional product price promotion including direct mail or e-mail percentage off offers including third party coupon codes must be approved in writing by Enclave Audio before any offers are solicited by the Authorized Retailer.
Note that compliance requires pricing on marketplace locations to include the exact pricing in schedule A and that round offs to a lower dollar or cents off is not in acquiescence with Enclave Audio’s Unilateral Policy.
UMAP POLICY MODIFICATIONS
No Enclave Audio representative or employee has authority to modify or alter this Policy, including the UMAP Administrator. Should a Customer learn of any modification of this Policy or an attempt to do so, the Customer should immediately notify the Enclave Audio UMAP Policy Administrator in writing.
ACTIONS NOT A VIOLATION
Advertising free shipping and/or handling or free financing promotions do NOT violate this MAP Policy. Re-sellers may advertise that customers can contact them directly to learn the re-seller’s actual sale price for a Enclave Audio product.
SELLING PRICE NOT RESTRICTED BY POLICY
This MAP Policy applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to a customer within the re-seller’s store location, over the telephone, or via a virtual shopping cart (as described below). All re-sellers remain free to sell products at any prices they choose.
WEBSITES
The following apply specifically to online advertising:
MAP Policy is not limited to the first landing page of a website, but includes all pages and links to other sites, including feeds to shopping portals and other listing services such as Amazon.com, EBay and other websites.
All on-line marketing tactics which undermine the intent of this MAP Policy, such as the use of “cookies” to display pricing other than the MAP price are prohibited.
The use of advertised discounts, coupons and value-added incentives that may convey a lower advertised price below MAP are prohibited.
This MAP Policy also prohibits misleading advertising and “pointers” that imply a lower advertised price.
This MAP Policy, however, does not apply once an item is placed in a customer’s “virtual shopping cart” on an Internet website, as once the pricing is associated with the customer’s intent to purchase, the price is deemed the “selling price” and falls outside this MAP Policy.
RESERVATION OF RIGHTS
From time to time, Enclave Audio may engage in promotions with respect to certain products. In such event, Enclave Audio reserves the right to modify or suspend the MAP with respect to the affected products upon written notice of such change. MAP pricing is established by Enclave Audio and may be adjusted or terminated at any time by Enclave Audio in its sole discretion upon written notice. Enclave Audio further reserves the right to unilaterally suspend, amend, adjust or terminate this MAP Policy at any time with respect to all or certain products in its sole discretion upon providing written notice.
EXEMPT TRANSACTIONS
1) Used, Reconditioned, or Damaged UMAP Products: This Policy applies only to new, unused,and undamaged UMAP Products. The new nature of a UMAP Product may not be intentionally altered in order to avoid compliance of this Policy. The retail invoice covering other than “new” UMAP Products must clearly identify the used, damaged, or reconditioned product.
2) Discontinued Product: When Enclave Audio discontinues a UMAP designated product from the Enclave Audio offering, it will be removed from the guidelines of UMAP. Effective date of discontinuance will be supplied by the UMAP Administrator.
3) Employee Purchase Programs: Resale of UMAP Product by a Customer to Customer’s employees under an employee purchase program and by Enclave Audio to employees for the employee’s personal use is exempt from this policy.
VIOLATIONS OF MAP POLICY
Enclave Audio may monitor advertised pricing of Products. If a reseller advertises Products in a manner inconsistent with this MAP Policy, to prevent any damage to brand integrity, Enclave Audio may unilaterally and without further warning, discontinue its business relationship with such retailer. While Enclave Audio reserves the right to immediately terminate any reseller for any violation of the MAP Policy,
Failure to abide by this MAP Policy may result in other such consequences as Enclave Audio may determine in its sole discretion. These consequences may include, without limitation, ineligibility to participate in advertising and sales promotions, loss of access to any discounts or rebates offered by Enclave Audio, loss of right to use marketing funds or co-op advertising funds, loss of ability to participate in Enclave Audio programs, loss of access to all or part of a Enclave Audio product line, and suspension or termination of re-seller’s status as an authorized re-seller of Enclave Audio products. Enclave Audio may provide a warning for a first violation, but is not required to do so.
MAP ADMINISTRATOR
The only Enclave Audio representative authorized by Enclave Audio to answer questions regarding this Policy is the UMAP Policy Administrator. Please submit all comments and questions in writing to:
UMAP Policy Administrator
Rob Jones [email protected]
SCHEDULE A
Enclave Audio CineHome HD 5.1
$ 999.99 USD