iBrown Pigments adopted a Unilateral Minimum Advertised Price Policy on April 2022.
This UMAP Policy will help ensure that our products are appropriately promoted and underscore the significant brand equity associated with our products in the market. The distributor will comply with this UMAP Policy. Failure to comply may result in iBrown Pigments ceasing to sell Products to the Distributor, temporarily or permanently.
- This Policy is effective as of April 2022.
- The UMAP Policy applies to all Products listed on the website.
- Products listed on the website may not be advertised at a price less than the price listed on the then-current price list.
- This Policy applies to advertised Products, not to the actual selling price. For purposes of this Policy, an “advertisement” includes any print or electronic media of any kind, including, but not limited to, all website pages and banners, social media (e.g. Facebook, Instagram, Twitter, WhatsApp, Snapchat), emails, blogs, and other marketing or promotional materials.
- Advertising that implies a price lower than the UMAP, is a violation of this Policy. Examples of such violations include:
a. Advertising instant reward promotions (include % or money off), in the cart or at the point of purchase;
b. BOGOF – Advertising that a UMAP Product is included in a “buy one, get one free” promotion;
c. Advertising that a UMAP Product is the gift in a “gift in order” promotion;
- Advertising that indicates a distributor will match the advertised price of another iBrown pigment authorized distributor shall not be deemed a breach of this UMAP Policy, PROVIDED THAT the advertised price for UMAP Products returns to UMAP as soon as the lower price is no longer advertised by the authorized distributor that is subject to comparison.
- iBrown Pigments will determine whether a breach of the UMAP Policy has occurred in its sole discretion.
- In the event a Distributor fails to comply with this Policy, and without limiting iBrown Pigments’ rights and remedies under the Agreement, iBrown Pigments may follow the unilateral Enforcement Process set forth below. However, iBrown Pigments reserves the right to take action against any Distributor without providing any notice.
1st Violation: iBrown Pigments may issue a warning letter to the Distributor via email. The Distributor will have 24 Hours from the receipt of the warning letter to correct the violation. If the violation is not corrected within this period of time, a second violation will be deemed to have occurred.
2nd Violation: The Distributor may not receive shipments of iBrown Pigments Products for 30 days. The Distributor will have 24 Hours from the receipt of the notice of the second violation to correct the violation. If the violation is not corrected within this period of time, a third violation will be deemed to have occurred.
3rd Violation: Distributors may not have access to iBrown Pigments Products for a period of 365 days. The distributor will have 3 business days from the receipt of the notice of the third violation to correct the violation.
The date of the violation will be as determined by iBrown Pigments. Each violation with respect to a UMAP Product will remain on record for 1 Year following the Distributor’s last violation for that product.
- Penalties for violating this UMAP Policy include but are not limited to excluding Distributors from participating in corporate programs and promotions, limiting the supply of Distributor products, canceling existing orders, refusing new orders, or unilateral termination of an account.
- The failure of iBrown Pigments to apply consequences to a Distributor for an unknown violation of this Policy shall not constitute a waiver by iBrown Pigments of its right to take any action it deems necessary in the future for any violation of this Policy. No Distributor or third party shall have the right to force iBrown Pigments to enforce this Policy against any other person or entity, including any other Distributor.
- No employees or sales representatives of iBrown Pigments or its group companies have any authority to discuss any actual or alleged violation of this UMAP Policy.
- From Time to time iBrown Pigments may allow a Distributor to promote a sale or coupon but the promotion must be approved in writing by iBrown Pigments first.