Retail Unilateral Pricing Policy
DATE
This Retail Unilateral Pricing Policy (UPP) is effective on December 1st, 2019. SAVIOR published this UPP Policy with sufficient notice of its effective date. In so doing, SAVIOR provided Resellers with more than adequate time to conduct their business in accordance with the SAVIOR UPP Policy.
OVERVIEW
In an effort to retain brand value and a healthy distribution channel, Savior Products, Inc. has implemented a Retail Unilateral Pricing Policy.
The Retail Unilateral Pricing Policy (UPP) sets a Minimum Retail Price (MRP) for all Savior products. This policy is designed to curb price slashing among Savior retailers (IE: Mass Merchants, Jobber Stores, Mail Order, Speed Shops, Marine Dealers, Online Dealers, or any retail outlet), enabling them to remain profitable in this highly competitive business environment. In order to remain in good standing, Savior Resellers must advertise and sell all products at, or above, the MRP.
Savior will administer and enforce the UPP. Violations or refusal to participate in the Savior UPP could result in loss of:
Annual Advertising Cooperative Funds
Volume Rebate Incentive
Rights to use Savior intellectual properties
Ability to purchase Savior products
RESELLER DEFINED
A reseller constitutes any merchant that sells to consumers. This includes, but is not limited to: jobbers, retailers, online dealers, warehouse distributors, auction sellers, or auction sites. A reseller is also considered to be anyone that uses Savior’s trademarks or images in connection with the advertisement, offering for sale, or sale of Savior’s goods, whether such use is with or without Savior’s consent.
Furthermore, warehouse distributors (WD) are responsible for monitoring to whom they sell to and ensuring that the purchasing party is not violating the MRP. Failure to do so may result in penalties to both the reseller and the WD.
VIOLATIONS
A violation is defined as the sale or advertising of a Savior product(s):
Below the stated MRP
Which are bundled together at a price below the aggregated MRP of the individual items.
On a website with ambiguous pricing such as: “See Price in Cart”, “Make Offer”, “Bid”, rebate funds, customer specific funds, or “Instant Message me for pricing”
PROMOTIONS
Savior reserves the right to run National Promotions of their products. Savior will provide to resellers the promotional information, with adequate timing, to ensure continued compliance with the pricing policy. Savior encourages resellers to utilize the national promotions to their advantage while providing a high level of customer service to the end user.
Savior encourages retail promotions and sales of our products. All retail promotions must be approved by Savior in writing 90 days prior. If the retail promotions do not meet the requirements of the UPP, they will be in violation, subject to enforcement and penalties.
ENFORCEMENT & PENALTIES
Savior will administer the UPP by sending notifications of violations. Once a violation is discovered, the reseller will automatically be penalized for their violation in accordance to the penalties stated below. The reseller will have (2) business days from the date the notification was composed to correct an internet violation, and (3) business days to correct all other violations. If a violation is not reconciled within the time period allotted, the reseller will automatically receive the subsequent notification. Savior will make the final determination as to whether the violation will be withdrawn.
1. Penalty For First Notification of Violation:
a. Direct Accounts will:
Lose the privilege to purchase the product found to be in violation for (30) days.
b. Non Direct Accounts will:
Be added to the warehouse distributor DO NOT SELL list and lose the privilege to purchase the product found to be in violation for (30) days.
2. Penalty For Second Notification of Violation:
a. Direct Accounts will lose:
The privilege to purchase the product found to be in violation for (90) days.
50% of their annual COOP funds. If any of the funds have already been credited, they will lose funds for the following year.
b. Non Direct Accounts will lose:
All rights to Savior’s intellectual properties and images and will have (2) business days to remove them off their website.
The privilege of being listed on the Savior dealer locator.
3. Penalty For Third and Final Notification of Violation:
a. Direct Accounts:
Immediate action must be taken to remove all Savior products from the website.
The following will be revoked immediately and remain in affect indefinitely…
All Savior intellectual property rights.
Privilege to purchase any and all Savior products.
100% of annual COOP funds. If any of the funds have already been credited, they will lose funds for the following year.
Eligibility to receive the Volume Rebate Incentive.
Privilege of being listed on the Savior dealer locator.
b. Non Direct Accounts:
Will immediately be placed on the Savior DO NOT SELL list. This includes all Savior products.
All Savior intellectual property rights and images are immediately revoked.
This policy may be modified or amended at any time by Savior. If any changes are to occur, Savior will distribute a (30) day written notice of any changes to its resellers. Updated information may also be found at www.saviorprotected.com/UPP
IF YOU HAVE BEEN MADE AWARE OF THIS UPP AND CONTINUE TO SELL SAVIOR PRODUCTS, YOU CONSENT TO AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS UPP.
We greatly appreciate your business and continued support of the Savior Products, Inc. brand. Should you have any questions regarding this policy, please feel free to contact us.
CONTACT INFO
For instructions on how to report a violation, please contact:
Savior Products, Inc.
Email: violations@trackstreet.com
Website: https://www.trackstreet.com
For all other inquires contact the Savior UPP Program Administrator (no person other than the program administer is authorized to answer questions regarding this policy):
Address:
Savior Products, Inc.
Attn: UPP Program Administer
14717 West 114th Terrace
Lenexa, KS 66215
Website: www.saviorprotected.com