Minimum Advertised Price (MAP)
NOOMA, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy for a price that is less than product’s listed price on the NOOMA price list.
General Guidelines
The products covered by this MAP Policy include all products sold by NOOMA(“MAP Products”).
NOOMA recognizes that resellers are free to make their own decisions to advertise and sell any product at any price they choose, without consulting or advising NOOMA. Similarly, NOOMA will exercise its right to make its own decisions regarding accounts that are eligible resellers. Eligible resellers must agree to the terms and conditions of the NOOMA MAP Policy.
This 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
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.
Website features such as “click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, and 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 and thereby constitute “advertising” under this MAP Policy.
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, so long as no price is listed.
This MAP Policy also applies to any activity which NOOMA determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy.
From time to time, NOOMA may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, NOOMA reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
Policy Enforcement
In the event of a MAP Policy violation, all reseller accounts shall have a period of forty-eight (48) hours to bring advertising into compliance or NOOMA reserves the right to cancel any pending orders and cease filling any new orders for the product(s) in violation of this MAP Policy for the following periods:
Repeated infractions of this MAP policy may result in prolonged or indefinite periods of canceled or unfulfilled orders.
NOOMA’s MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred.
Waivers to this MAP Policy may be granted in NOOMA’s sole discretion by the MAP Policy Administrator in writing. In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter will be considered a violation of the MAP Policy.
Resellers are expected to provide reasonable cooperation in any NOOMA investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with NOOMA MAP Policy investigation is a violation of this MAP Policy.
The MAP Policy will be enforced by NOOMA in its sole discretion and without notice. Dealers, distributors, resellers, have no right to enforce the MAP Policy. Violations of this MAP 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.
Please download our MAP Pricing List for more information.
All questions related to this MAP Policy should be directed to support@drinknooma.com.