Reseller Agreement & Wholesale Application
RESELLER SHALL NOT PROMOTE, MARKET, ADVERTISE, OFFER TO SELL OR SELL ANY PRODUCT ON OR THROUGH ANY ONLINE MARKETPLACE OR AUCTION SERVICE (E.G., EBAY, AMAZON MARKETPLACE OR LIKE WEBSITES), EXCEPT AS MAY BE EXPRESSLY CONSENTED TO BY HMB Pharma LLC IN WRITING AND IN ADVANCE, AND IT BEING UNDERSTOOD THAT HMB Pharma LLC MAY WITHDRAW ITS CONSENT AT ANY TIME..
MAP Policy (Selling On-Line Only)
As one of the world’s leading personal lubricant manufacture HMB Pharma LLC is focused on maintaining high margins for our distribution network. In recognition of the investment in time and resources required for our high-quality <<RESELLERS/DEALERS/DISTRIBUTION>> to provide the level of customer service and product knowledge expected from our customers, SportLube® is committed to enforcing policies which allow our resellers to maintain high-profit margins through the sale of our products. HMB Pharma LLC has an established Minimum Advertised Price (MAP) Policy that an On-Line Authorized Reseller must follow for the advertising and marketing of HMB Pharma LLC products. All HMB Pharma LLC On-Line Authorized Resellers must agree to the terms and conditions of the following MAP Policy.
HMB PHARMA’s MAP Policy Guidelines for SPORTLUBE® Products
MAP pricing for all SportLube® products can be found on your current price list. All advertised prices must be at or above MAP for all SportLube® products if a MAP price has been established by HMB Pharma LL. Resellers are not required to list prices in advertising. If a price is listed in an advertisement it must be at or above MAP. Other statements such as “call for price” or “call for quote” are acceptable and permitted.
Resellers are also responsible for ensuring their SportLube® Mount pricing is at or above MAP on internet search engines. Resellers are free to set the actual resale price of any product as long as it is at or above MAP price given the most recent publication of the price list. HMB Pharma LLC’s MAP policy for all SportLube® products apply to advertising placements, including but not limited to: print ads (inserts, magazines, newspapers, catalogs, mail order catalogs, etc.), broadcast (radio and TV), direct mail, faxes, internet placement with third parties (banner ads, broadcast emails, destination pages, third-party sites), internet placements on resellers own website, and any flyers, posters or coupons.
From time to time, SportLube® may permit resellers to advertise MAP Products at prices lower than the MAP price. In such events, SportLube® reserves the right to modify or suspend the MAP price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
HMB Pharma LLC’s MAP Policy does allow resellers to omit pricing entirely from advertisements and/or advertisement statements such as “Call for Price” or “Call for Quote.”
Free Offers Associated with HMB Pharma LLC Product
Free shipping and/or handling, 0% sales tax, or free financing promotions do not violate the MAP.
All SportLube® Products Price Matching Policies
Price matching policies are acceptable. Price matching cannot be used as a valid reason for violations of HMB Pharma LLC’s MAP Policy. The advertised price must always be at MAP or higher.
Failure to Comply with the MAP Policy
At the sole discretion of HMB Pharma LLC, failure to comply with MAP, intentional and/or repeated failure to abide, may result in the immediate loss of Authorized Reseller status and your ability to purchase all SportLube® products both direct as well as through distribution.
HMB Pharma LLC will utilize the following steps to resolve MAP violations:
Any and all dealers selling SportLube® products which have not signed an HMB Pharma LLC MAP Policy agreement are classified as Unauthorized Resellers.
Distributors of HMB Pharma LLC are required to provide a signed MAP agreement from any dealer selling SportLube® products. Unauthorized dealers should not be sold to or provided a feed from any distributor whatsoever.
Violations from Authorized Resellers will need to be corrected within 24 hours of notification.
First Violation: Authorized Reseller’s account will be put on hold temporarily and a written warning will be provided. MAP violations must be corrected within 24 hours. Upon correction and following 30 days of compliance, violation will then be cleared.
Second Violation: Authorized Reseller’s account will be put on hold for 30 days.
Third Violation: Should HMB Pharma LLC decide to reinstate an Authorized Reseller who has previously demonstrated a second violation, yet violates a third time, the account will be unauthorized indefinitely.
***HMB Pharma LLC will issue a new price list upon the first day of each quarter, based on a calendar year. Pricing must be updated immediately upon receipt.***
MAP Policy Confirmation Agreement
This HMB Pharma LLC MAP Policy and Confirmation Agreement is made and acknowledged by and between, HMB Pharma LLC and the Wholesale Applicant below.
HMB Pharma LLC places great value on the efforts of all resellers to represent our products and support their customers. Our MAP policy is intended to encourage competition for the sale of HMB Pharma LLC products in a manner that is consistent with the long-term interests of our customers. We are sure that you share our commitment to customer satisfaction and as such, we ask that you acknowledge by completing the Wholesale Application below.
Thank you for your attention to this matter, and your support for HMB Pharma LLC products.
Read and Understood: