MAP and Anti-Diversion Policy

INTRODUCTION

At Alterra Pure, we recognize that our success is tied to the success of our network of consumers and their ability to chose where they buy product.  In creating an even playing field between online retailers and our select authorized dealers, we’ve initiated a Minimum Advertised Price policy.

We know that our dealers invest significant time and resources to deliver an extraordinary customer experience. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our dealer’s service and support efforts. As a result, Alterra Pure has unilaterally established this Minimum Advertised Price (“MAP”) Policy.

POLICY STATEMENT

Alterra Pure, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower that the MAP.  This policy covers only dealers in the USA as Alterra Pure has no authorized dealers in Canada at this time.

GENERAL GUIDELINES

1. The products covered by this policy are listed in Section 5, (“MAP Products”). Alterra Pure may in its sole discretion modify this list from time to time.

2. Alterra Pure recognizes that dealers are free to make their own decisions to advertise and sell any Alterra Pure product at any price they choose, without consulting or advising Alterra Pure. Similarly, Alterra Pure will exercise its right to make its own decisions regarding the Alterra Pure  Authorized Reseller Program including but not limited to supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.

3. The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or over the telephone.

ADVERTISING GUIDELINES

1. The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as internet sites, social media sites, apps, or any other electronic media.

2. The MAP Policy does not apply to solely on-premise or in-store advertising that is not distributed to customers

3. Website features such as “click for price,” automated “bounce-back” pricing e-mails, preformatted e-mail responses, forms, automatic price display for any items prior to being placed in a customer’s shopping cart and other similar features are considered to be communications initiated by the dealer (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.

4. It shall not be a violation of this MAP Policy to advertise that a customer may “call for price” or “email for price,” or to use similar language, specifically with respect to Alterra Pure Products, so long as no price is listed.

5. This MAP Policy also applies to any activity which Alterra Pure determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for “group purchases” and the like.

6. It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.

7. From time to time, Alterra Pure may offer a direct manufacturer’s rebate or incentive to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer’s rebate, provided that:

a) the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer’s rebate in the same type size and style;
b) an asterisk is placed next to the net price after manufacturer’s rebate; and
c) “after manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.

BUNDLING GUIDELINES

1. “Bundling” or advertising Alterra Pure products for sale together with other products will violate this MAP Policy when:

a) the effective or stated price of the bundle represents a discount of greater than 15% of the MAP; or
b) the product(s) bundled with MAP Products violate Alterra Pure’s Intellectual Property rights; or
c) the product(s) bundled with MAP Products violate the Alterra Pure’s Trademark & Brand Policy
d) the product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s); or
e) the effective or stated discount is greater than 15% of the highest priced item in the bundle.

2. Product(s) bundled with the MAP Products must not, without conspicuous warning, be incompatible by size or fit.

3. Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP Product will violate this MAP Policy when:

a) the effective or stated price of the bundle represents an immediate discount of greater than 15% of the MAP; or
b) the effective or stated price of the bundle represents a discount of greater than 15% of the MAP after taking into consideration any contingent future purchase.

4. Rebate programs from Alterra Pure, whether for MAP Products or Alterra Pure’s partners’ products, are exempt from this policy.

 ANTI-DIVERSION POLICY

Alterra Pure has a zero-tolerance diversion policy.  As an authorized dealer, sales of goods in unauthorized channels, whether such sales violate MAP or not, is prohibited.  Prohibited channels include, but not limited to, Amazon, eBay, Craigslist, Wayfair, and others.  Alterra Pure will regularly use identifying marks on dealer shipments, both visible and invisible, to track, trace, and uniquely identify aspects of Alterra Pure product such that a diversion can be proven.  Our zero tolerance policy is to terminate any relationship that is the source of diversion and seek damages to the furthest extent possible.

 

POLICY ENFORCEMENT

1. If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then Alterra Pure will consider this to be a violation by the dealer.

2. Alterra Pure reserves the right to cancel any pending orders, restrict future orders, or suspend dealers’ account if Alterra Pure reasonably believes:

a) a dealer has violated the provisions of this policy; or
b) a dealer intends to violate this policy.

3. Alterra Pure’s MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate sanctions.

4. Alterra Pure monitors the advertised prices of dealers, either directly or via the use of thirdparty agencies or tools. Dealers are expected to provide reasonable cooperation in any Alterra Pure investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with an Alterra Pure MAP Policy investigation is a violation of this MAP Policy.

5. The MAP Policy will be enforced by Alterra Pure in its sole discretion and without notice. Dealers, distributors, and resellers have no right to enforce the MAP Policy. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law. All questions related to this MAP Policy should be directed in email to: info@alterrapure.com, Re:MAP

LIST OF MAP AND ANTI-DIVERSION PRODUCTS

All current items offered by Alterra Pure are subject to the MAP policy.  Alterra Pure will update this page with items that are discontinued or closed-out and not longer subject to the MAP policy.

Placing an order constitute that you have read and agree to abide by the above MAP and Anti-Diversion Policy.

ALTERRA PURE