Minimum Advertised Price (MAP) and Branding Policy for Floating Luxuries® Products
Effective June 14, 2024
Floating Luxuries is a leader in high-end outdoor recreation products. The beautiful design and incredible functionality of our Floating Luxuries Products make them a great addition to any pool or outdoor area. Floating Luxuries products are in higher demand than ever before.
Advantus greatly values the efforts of all distributors and retailers (collectively, “Resellers”), who resell Floating Luxuries Products in the United States. For the benefit of all Resellers and to preserve the integrity, competitiveness, and reputation of the Floating Luxuries brand, Advantus unilaterally adopts a Minimum Advertised Price Policy (“MAP” Policy) for all Floating Luxuries Products.
Minimum Advertised Price: Advantus maintains a MAP Retail price for all Floating Luxuries Products. The MAP pricing forall Floating Luxuries products is listed on our Resale Pricers. All Floating Luxuries items have a MAP price.
Branding: All Floating Luxuries products must be marketed and advertised showing the Floating Luxuries’ product names. For example, a Floating Luxuries Kai Shelf Lounger could not be called a “Hawaiian Lounger”; it must have the Floating Luxuries product name including specifically the word “Kai” included in any marketing or merchandising including listings on the internet. If any of the Floating Luxuries products are sold using any type of branding, naming, etc. that is different from the Floating Luxuries brand and product name, Floating Luxuries/Advantus disclaims all warranties of non infringement and has no indemnity obligations to reseller from any third party legal actions arising in any part out of such third party’s claimed intellectual property rights. In addition, it will be a violation of our MAP policy to create any type of private label name for
Floating Luxuries products. Advantus highly values the value of the Floating Luxuries brand and intellectual property that Advantus invests a tremendous amount of money and time developing.
Resale Price: Each Reseller is free to determine independently the price at which it resells Floating Luxuries Products.
Advertised Price: Each Reseller is free to determine independently the price at which it advertises Floating Luxuries Products. However, Advantus does not intend to do business with Resellers who degrade the image of the Floating Luxuries brand and its products by not complying with this MAP Policy.
Advertisements: This MAP Policy applies to all advertisements of Floating Luxuries Products in all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines catalogs, mail order catalogs, or any other print media, television, radio, public signage, internet or similar electronic media including websites, forums, email newsletters, email solicitations, any use of hypertext transfer protocol or internal links to a web-based shopping cart or the like.
This MAP Policy also applies to any activity that Advantus determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for “group purchases” or the like. All advertisements for Floating Luxuries Products must include the Floating Luxuries brand name and model name and a price at or above the MAP retail price. Any price with a “strikethrough” treatment or other alteration is not considered a proper display of the MAP retail price or higher price. Internet auctions may not display or have reserved bid or other acceptable prices below the MAP retail price. The word “sale” or similar words are prohibited when describing our products.
Any advertised price, discounts such as a coupon, gift card, or incentive (whether in the form of a special event, promotion, term of doing business, free accessory, or otherwise) that translates into an immediate price reduction, where the cumulative effect would be to reduce the advertised price of any Floating Luxuries Products below the MAP retail price, will constitute a violation of the MAP Policy. This section shall not apply to any manufacturer’s rebate, campaign, promotions, or the like from Advantus on Floating Luxuries products.
From time to time, Advantus may permit Resellers to advertise Floating Luxuries Products at prices lower than the MAP retail price. In such events, Advantus 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. Such notices will be communicated via email to each Floating Luxuries dealer.
Where a Floating Luxuries Product is part of a bundle or package, it shall be a violation of the MAP Policy to advertise the price or value of the bundle or package less than the MAP retail price, or if more than one Floating Luxuries Product is involved, less than the total MAP retail price.
At no time during this MAP Policy may the Reseller make any statements or other indications on its website in connection with any Floating Luxuries Product that indicates or implies that a lower price may be found at the online checkout stage,
including but not limited to “click here for lower price,” “see price in cart,” “add to cart for lower price,” “check cart for lower price,” “mouse over for price,” “email for a better price,” “call for a lower price,” “call for price,” or similar website feature considered to be an advertising communication initiated by the Reseller.
This MAP Policy does not apply to any reduced price that a Reseller wishes to place within a purchaser’s online shopping cart as a final stage of an online purchase(s) so long as the end-user enters the final stage on their own without any reference on the website that a lower price will be found at the final purchasing stage. For example, discounts applied at checkout to the entire order based on a customer’s purchasing history with the Reseller, such as discounts for “frequent shoppers,” do not violate this MAP Policy.
This MAP Policy does not apply to any advertising that is displayed only in a physical store and not distributed to any customer(s).
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 the MAP retail price and otherwise complies with this MAP Policy.
It shall not be a violation of this MAP Policy to advertise “previously owned” or “used” Floating Luxuries Products (those obtained by the Reseller through customer return, customer trade-in, demo units, or other means) below the designated MAP retail price so long as the Reseller clearly and prominently discloses that the product is “used” or a similar phrase.
Monitoring and Reporting: Advantus, either directly or indirectly through a third party, will monitor compliance with this MAP Policy. Advantus may, at its discretion, stop supplying Products to any Reseller found to be in violation of the MAP Policy. Advantus reserves the right, in its unilateral discretion, to take other actions with respect to any Reseller that violates this MAP Policy.
Marketplace Restrictions: Advantus does not allow the resale of Floating Luxuries Products on third-party marketplaces including, but not limited to, Amazon.com, ebay.com, Wayfair.com, Target.com, and Walmart.com. Advantus may, at its discretion, stop supplying Products to any Reseller found to be in violation of these marketplace restrictions.
Other Guidelines: Distributors of Floating Luxuries Products will supply a copy of this MAP Policy to any new or existing Reseller for their records.
No employee or sales representative of Advantus Corp., the parent company of Floating Luxuries Products, has any authority to discuss, modify, or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative, or persons not specifically authorized to discuss, modify, or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid.
All questions about this MAP Policy should be in writing and directed via U.S. Mail to: Floating Luxuries Director, Advantus Corp., 12276 San Jose Boulevard, Suite 618, Jacksonville, FL 32223, who will respond only in writing. No oral communications about this MAP Policy are authorized.
Download a PDF version of this policy.
Minimum Advertised Price Policy for Floating Luxuries® Products Effective June 14, 2024
Copyright 2024 Advantus Corp.