GUTR, Inc. Sweat Management Products
U.S. Authorized Reseller Compliance Policy
We recognize that our success is tied to the success of our network of select authorized dealers. We also know that many of our dealers invest significant time and resources to deliver an outstanding customer experience. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our dealer's efforts to support the Sweat GUTR® products.
GUTR, Inc., at its sole discretion, reserves the right to discontinue doing business with a reseller that purchases GUTR® products directly, or a reseller that purchases our products from a distributor, that:
- Does not comply with the Minimum Advertised Price (MAP) on Flex sweatbands and advertises the product at an online price lower than $16.99. MSRP is $19.99.
- Sells any current or future GUTR Products through any 3rd-party web site, including Amazon or Ebay
- Does not use our current logos, product and packaging images when selling our current product offerings. These images can be found at sweatgutr.com/Media. Please contact email@example.com for the Media page password.
Violators will be notified in writing by email and at our sole discretion, GUTR®, Inc., may discontinue doing business with a non-compliant reseller. Distributors will also be directed not to sell GUTR® sweat management products to resellers that refuse to comply with this policy and remove any violators from the authorized reseller list.
NOTE: The original GUTR® Sweatband model which is available in Smoke, Hydro, and Frost no longer have a MAP policy as they are discontinued due to the introduction of the new GUTR® FLEX model.
GUTR®, Inc. recognizes that dealers are free to make their own decisions to advertise and sell any GUTR® product at any price they choose, without consulting or advising GUTR®, Inc. Similarly, GUTR®, Inc. will exercise its right to make its own decisions regarding its Authorized Resellers, supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.
GUTR, Inc., at its sole discretion, reserves the right to discontinue doing business with a reseller that purchases GUTR Products directly, or a reseller that purchases our products from a distributor, that advertises any product(s) covered by this MAP Policy at a price lower that the MAP. Violators will be notified of the MAP violation with a written warning by email. If the reseller continues to violate the MAP policy, GUTR, Inc., may discontinue doing business with reseller. Distributors will also be directed not to sell GUTR products to resellers that refuse to comply with the MAP policy. GUTR Inc. requires all distributors and resellers to use current logos, product and packaging images when selling our current product offerings. These images can be found on our web site under SweatGUTR.com/Media
The products covered by this policy are listed as “MAP Products”. GUTR, Inc. may in its sole discretion modify this list from time to time.
GUTR, Inc. recognizes that dealers are free to make their own decisions to advertise and sell any GUTR product at any price they choose, without consulting or advising GUTR, Inc. Similarly, GUTR, Inc. will exercise its right to make its own decisions regarding its Authorized Resellers, supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.
The 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.
GUTR, Inc. believes in maintaining a well regulated and fair marketplace for all its authorized resellers. Please see the FAQ's for more information on the MAP policy and enforcement.
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.
The MAP Policy does not apply to solely on premise or in-store advertising that is not distributed to customers.
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 (rather than by the customer) 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, specifically with respect to GUTR Products, so long as no price is listed.
This MAP Policy also applies to any activity which GUTR, Inc. determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases’ and the like.
It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.
From time to time, GUTR, Inc. may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, GUTR, Inc. 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.
“Bundling” or advertising GUTR products for sale together with other products will violate this MAP Policy when:
i. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP; or
ii. the product(s) bundled with MAP Products violate GUTR, Inc.'s Intellectual Property rights; or
iii. the product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s); or
iv. the product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s); or
Coupons or other incentives which are contingent on the purchase of a MAP Product will violate this MAP Policy when:
i. the effective or stated price of the bundle represents an immediate discount of greater than 15% of the MAP; or
ii. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP after taking into consideration any contingent future purchase.
Rebate programs from GUTR, Inc., whether on MAP Products or GUTR, Inc.’s partners' products are exempt from this policy.
If a dealer with single or multiple store locations violates this MAP Policy at any one store location, or on any associated website, then GUTR, Inc. will consider this to be a violation by the dealer.
GUTR, Inc. reserves the right to cancel any pending distributor or direct orders, restrict future orders, or suspend dealers' account if GUTR, Inc. reasonably believes:
i. a dealer has violated the provisions of this policy; or
ii. a dealer intends to violate this policy.
GUITR, Inc. is solely responsible for determining whether a violation of the MAP Policy as occurred, as well as determining appropriate sanctions.
Waivers to this MAP Policy may be granted by GUTR, Inc.’s sole discretion in writing. In the event that GUTR, Inc. 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 is a violation of the MAP Policy.
GUTR, Inc. monitors the advertised prices of dealers, either directly or via the use of 3rd party agencies or tools. Dealers are expected to provide cooperation in any GUTR, Inc. investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a GUTR, Inc. MAP Policy investigation is a violation of this MAP Policy.
The MAP Policy will be enforced by GUTR, Inc. and its authorized distributors at its sole discretion. Resellers violating the MAP policy will be sent a written notice of the violation via email prior to any action being taken. If the violation is not corrected within 24 hours or if it occurs a second time, GUTR, Inc. may discontinue doing business with the reseller directly and indirectly through distributor purchases by the reseller. Distributors, of GUTR products will be required to comply with MAP Policy enforcement. Violations of this 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. All questions related to this MAP Policy should be directed to: Support@SweatGUTR.com