Minimum Advertised Price Policy (MAPP)
Luigi Bormioli recognizes that customer satisfaction begins before the sale and is dependent upon resellers’ service and support efforts after the sale. To maintain our dealers’ and distributors’ commitment to quality, product support, guarantee service, and Luigi Bormioli’s brand reputation, we have a MINIMUM ADVERTISED PRICE POLICY (“MAPP” or “MAP Policy”).
Although each reseller remains free to establish its own advertising and pricing policy, Luigi Bormioli requires that any advertising of its products or use of their trademarks meet certain minimum criteria. In the event that a reseller (distributor, dealer, retailer, or any party which “resells”) advertises a Luigi Bormioli product contrary to this MAPP, uses a Luigi Bormioli trademark contrary to this MAPP, or otherwise violates this MAPP, Luigi Bormioli will take immediate action as described in the enforcement table below. This MAPP shall apply to all forms of advertising, including, but not limited to, print advertising (such as magazines and newsprint), electronic media (such as radio or television) and the internet (such as dealers’ websites or any other websites through which the dealer operates or advertises including “3rd party”). Luigi Bormioli reserves the right to enforce this policy, in its sole discretion, against any activity which Luigi Bormioli determines is intended to circumvent the intent of this MAP Policy.
Sales representatives are NOT permitted to discuss this policy or make any agreements or assurances with respect to this Policy.
Whenever a MAP is specified by Luigi Bormioli, products must be advertised at MAP prices or higher. Any advertised price quotations, express, implied, direct or indirect, below the MAP violates this Policy. Examples of prohibited activities that violate this Policy include, but are not limited to:
- The use of words, phrases, or symbols that indicate "special pricing" such as "call for price," "E-Mail for," or "lower pricing."
- “On-line” indications of different pricing such as underlining, “click for,” “click to,” or links to price quotations at all levels above (or prior to) any shopping cart.
- Combination, bundling, or package “deals” that are not part of Luigi Bormioli’s pricing program if the result of such combination is to imply, suggest, or, in fact, create an advertised price reflecting Luigi Bormioli products at a price below MAP.
- A reseller offering Luigi Bormioli products to any other reseller that is violating MAP or illegally using Luigi Bormioli’s trademarks (see below).
Used Items that are sold as “used” products are not subject to MAPP only when such items are:
- clearly marked as “USED”
- clearly specified as being in limited supply.
Promotions Dealers may be given a promotional allowance period, pending the approval of their account manager. When a promotional MAP is approved the dealer may indicate “Promotion,” “Promotional Price,” or “Limited Time Promotion” during the promotional period which may last no longer than 14 days in any 6 month period. Advanced request of these promotions is required, sent at least seven business days prior to the promotion, to your account manager and email@example.com. Luigi Bormioli account managers may approve or deny these requests at their discretion.
Rebates If a mail-in rebate is being offered by Luigi Bormioli, the price advertised must remain at MAP price or higher. The amount of the mail in rebate can be shown separately with the words “Mail in Rebate”. Also separately, the MAP price less the rebate can be shown with the words “Price After Mail-in Rebate.”
Online Stores and Auctions Online retailers must comply with this MAPP. Luigi Bormioli prohibits the sale of its products on Auction sites such as eBay and other 3rd Party Sites which suggest a “Best Price” against which bidders may “bid” over a limited time. When products are offered as “USED” on websites, and thus not subject to MAP, the word “USED” must not be modified with language such as “like new” or “in original box,” or terms which may imply that the product is new. Web sites that are established as shopping sites by companies which are not Luigi Bormioli dealers will be monitored and restrained from making offers that violate Luigi Bormioli’s Trademark rights.
Violations Violations will be aggressively monitored and will result in the following graduated response levels:
- Notice of Violation advising nature of Violation, opportunity to cure, and consequence of failure to cure
- Account Suspension and removal from our website and participation in Dealer events/promotions/co-op sales, and, if necessary
- Termination of the Account. Serial Violations: Repeated violations or evidence of attempts to circumvent this MAPP is a Violation and will be treated accordingly. Luigi Bormioli, in its sole discretion, reserves the right to determine the Violation level and the sufficiency of compliance with this MAPP within the context of the reseller’s(s’) compliance efforts.
- Reseller will receive an initial violation warning, Violations must be corrected within 3 business days
- Failure to correct within 3 business days will result in Administrative hold on all orders for the item in violation for 60 days
- Repeated violation on item will result in hold on all orders for the item in violation for 90 days followed by further enforcement described below.
- Violator will receive 2nd Violation Notice. Violation(s) must be corrected within 3 business days
- Failure to correct within 3 business days will result in Administrative hold on all order for the brand in violation for 60 days
- Repeated violations on item/brand will result in hold on all orders for the brand in violation for 90 days followed by further enforcement described below.
- Violator will receive 3rd Violation Notice. Violations must be corrected within 3 business days
- Failure to correct within 3 business days will result in Administrative hold on the “collection” or entire Luigi Bormioli Product line in violation for 60 days, then 90 days, and if necessary in Luigi Bormioli’s sole discretion indefinitely.
Reporting of Violations The sale of Luigi Bormioli product in violation of this MAPP, the unauthorized use of Luigi Bormioli’s Trademarks (see below), or other unauthorized 3rd party attempts to circumvent this MAPP should be reported to firstname.lastname@example.org.
Luigi Bormioli vigorously enforces its United States (“US”) Trademark Rights. US and other governing laws protect against unauthorized sales. Luigi Bormioli owns the trademarks for its products and has registered them with the US Patent and Trademark Office, International Trademark Offices, and with the US Customs officials. These agencies enforce all available legal restrictions against unauthorized imports. US customs regulations prohibit the unauthorized import of products with the US Trademarks.
Grant of Limited License Through its written approval to use the trademarks, brand names and logos of Luigi Bormioli (hereinafter, the “Luigi Bormioli Brands”), Luigi Bormioli grants a limited, revocable, nonexclusive license to use the Luigi Bormioli Brands to its authorized dealers and distributors. This license cannot be sub-licensed to another third-party under any circumstances.
- Luigi Bormioli may request at any time that an entity using the Luigi Bormioli Brands discontinue and/or substitute new or different logos, in which case prompt compliance with the request is required
- Entities using the Luigi Bormioli Brands must not take any action inconsistent with or challenge Luigi Bormioli’s ownership of the Luigi Bormioli Brands.
- Luigi Bormioli owns and is entitled to claim any benefits accruing from use of the Luigi Bormioli Brands. Title to and ownership of the trademarks, brand names and logos and all goodwill associated with the same shall at all times remain with Luigi Bormioli.
- When using Luigi Bormioli Brands, the appropriate trademark symbol and trademark acknowledgment is required. Attribution of ownership of the Luigi Bormioli Brands must be indicated (for example, LUIGI BORMIOLI is the registered trademark of Bormioli Luigi, S.p.A.)
- Luigi Bormioli logos may not be incorporated into product names, service names, domain names, trademarks, logos, booth numbers or company names. Logos that are confusingly similar to those of Luigi Bormioli should not be adopted.
- Do not add or apply any graphical treatment to the Luigi Bormioli Brands.
- When sizing the logos, reduce or enlarge the graphic staying true to original proportions.
- The Luigi Bormioli Brands must always be oriented in an upright manner.
Termination of License Luigi Bormioli may suspend or terminate this license at any time if, in its sole discretion, it finds use of the Luigi Bormioli Brands does not conform to these Guidelines or is otherwise objectionable to Luigi Bormioli for any other reason. Upon termination, the licensee must immediately stop all use of the Luigi Bormioli Brands and destroy any material, goods or other documentation in its possession or control that contain the Luigi Bormioli Brands.
Any use of the Luigi Bormioli intellectual property except as authorized in these Guidelines requires advance written permission from Luigi Bormioli Corporation. If you are interested in obtaining a license to use the logos other than as permitted in these Guidelines, contact Marketing Manager, email@example.com
This Policy shall be applied and enforced uniformly without exception
Luigi Bormioli does not seek, nor will it accept, any formal or informal agreement with regard to pricing.