Minimum advertised price policy

Last updated: October 31, 2024

GOFLUO Inc ( “GOFLUO”) has established a unilateral policy (the “Policy”) regarding the minimum advertised price (“MAP”) of its products in the United States of America and Canada. GOFLUO believes that this Policy is necessary to ensure the preservation of the superior image of our brand and the value of our products, and to ensure that retailers provide effective marketing and sales support for all GOFLUO products. This Policy has been unilaterally adopted by GOFLUO and will be unilaterally enforced. GOFLUO is not requesting, or otherwise seeking, any agreement or acknowledgment regarding this Policy from any retailer.

Terms of the Policy

This Policy applies only to advertising of GOFLUO products by retailers. Unless stated otherwise in writing by GOFLUO, the MAP for any GOFLUO product is GOFLUO’s suggested retail price (MSRP) for that product. This policy does not apply to the actual price at which GOFLUO products are sold by retailers. Each retailer is free to independently determine its actual retail price for GOFLUO products. Unless subject to an exception specified below, any retailer advertisement that presents a price for a GOFLUO lower than the MSRP for that product is a violation of this Policy. For purposes of this Policy, advertising a price lower than the MSRP includes:

  • Advertising GOFLUO product in combination with non-GOFLUO at a single price;
  • Advertising multiple GOFLUO products in combination for a single price that is less than the combined MSRPs;
  • Advertising that offers gift certificates or store credit in combination with GOFLUO product at a single price, where the value of the gift certificate or store credit results in a net advertised price below MSRP;
  • Advertising GOFLUO product subject to a store-wide or other general discount that would result in a net advertised price below MSRP;
  • Advertising GOFLUO product through an online auction where the minimum displayed bid is less than MSRP.

This Policy applies to all forms of advertising, including mailings (physical or emailed), catalogues, print ads (inserts, magazines, newspapers, etc.), and displays at consumer exhibitions and shows. The display of a GOFLUO product on any website, including the retailer’s own website, is advertising subject to this Policy. Any price information relating to GOFLUO products on an internet website which can be accessed directly through any hypertext link or by any other method which uses the hypertext transfer protocol (http) is considered to be advertising for purposes of this policy.

This Policy does not apply to the following (exceptions):

  • Brick-and-mortar in-store displays, in-store banners, or in-store price markings;
  • Internet “shopping cart” pages where the customer makes their final purchase election;
  • Electronic mail sent in direct response to a customer inquiry;
  • Advertising that offers free delivery with purchase unless the ad specifies a dollar value for these activities which nets a price below the MSRP;
  • Advertisements for GOFLUO product on “close out,” i.e., any previous season’s merchandise that has been identified by GOFLUO as close out with a prescribed date. Close out is defined as any previous season’s merchandise that has been communicated by GOFLUO as close out with a prescribed date regarding when the merchandise will be close out.

In addition to the above exceptions, advertisements for GOFLUO products offered for sale during the following annual promotional periods do allow for specific discounts below MSRP:

Promotional Periods**

Promotional Period MAP

January 1 through January 31
  • Never Out Of Stock (NOOS) and Limited Edition items: up to 20% off of the MSRP (or 80% of the MSRP)

  • all previous seasons, Running Out Of Stock (ROOS) items: up to 50% off of the MSRP (or 50% of the MSRP)

Black Friday 
  • Never Out Of Stock (NOOS) and Limited Edition items: up to 20% off of the MSRP (or 80% of the MSRP)

  • all previous seasons, Running Out Of Stock (ROOS) items: up to 50% off of the MSRP (or 50% of the MSRP)

 

GOFLUO reserves the right, in its sole discretion, to change the Promotional Period(s) and Promotional Period MAP.

In response to any violations of this Policy, GOFLUO, in its unilateral discretion, may take the following actions:

  • First Violation: GOFLUO will issue a warning letter;
  • Second Violation: GOFLUO will refuse to accept any new orders from the retailer for the remainder of the current season and the entirety of the subsequent season;
  • Third Violation: GOFLUO will no longer accept orders from the retailer for GOFLUO products.

 

Questions Regarding This Policy

Compliance with this Policy is entirely within the control of each retailer. This Policy is non-negotiable and no modifications will be made for any retailer. GOFLUO cannot and will not discuss this Policy outside of providing the terms of the Policy and examples of compliant and non-compliant advertising.

In general, GOFLUO gathers input and feedback from retailers about policies and practices. If you have comments or concerns about this Policy, you may submit those by email to hello@gofluo.com. GOFLUO will not respond to any comments from one retailer about the activities of any other retailer.

 

General Terms

Sales of any GOFLUO Products listed on the current GOFLUO Manufacturer Suggested Retail Price (MSRP) List through marketplaces (such as Amazon) and through Internet auction sites (such as E-Bay) are strictly prohibited.

GOFLUO products purchased in The United States of America are intended for USA distribution only and may not be distributed or promoted outside of the United States of America.

The MAP Guidelines are applicable to all Retailers and/or Wholesalers who sell GOFLUO Products (purchased either directly from GOFLUO or through a wholesaler).