In an effort to protect the long-term interest of not only OMEDI, hereafter in this document referred to as “OMEDI”, but also all of our dealers, distributors and customers, we have unilaterally adopted a Minimum Retail Price Policy for the selected products listed in the above link https://omediusa.com/reseller-product-price-list/. This policy is to ensure the preservation of OMEDI’s brand image and quality of OMEDI products, the product value, and to properly establish the brand and reputation of these products in the appropriate market segment.
Although resellers remain free to establish their own prices, OMEDI will, without assuming any liability, enforce legal action, cancel all orders, and refuse to accept any new orders for a product for which a MRP is specified in the current OMEDI Distributor, Dealer or Key Retailer Price Guide (“MRP Product”) from any dealer or distributor for a period of six (6) months, immediately following OMEDI verification, to its satisfaction, that such dealer or their distributor, or any retailer or reseller that has purchased a MRP Product from such dealer or distributor that has advertised, offered, or sold such MRP Product at a net retail sales price less than the MRP established and announced by OMEDI. At the election of OMEDI, a second occurrence will result in the indefinite discontinuation of any further sales of such MRP Product to the dealer or distributor.
Any discounting of the MRP for a MRP Product, including, without limitation, advertising, offering or providing coupons, rebates, free accessories, or payment of sales tax for the customer – will be regarded as a violation of this MRP Policy. The following will also be considered violations of this policy:
(a) advertising any net price for a MRP Product less than the MRP in connection with any advertisement of a trade-in offer for any other product; or
(b) displaying in, or in association with, any advertisement for a MRP Product any specific trade-in price or value for any trade-in of any other product.
This MRP Policy applies only to MRP Products, however, the OMEDI Minimum Advertised Price (MAP) Policy is still applicable to those products designated by OMEDI in our Distributor, Dealer or Key Retailer Price Guide.
OMEDI will not discuss any conditions of acceptance related to this policy, as it is non-negotiable and will not be altered for any dealer or distributor. In addition, OMEDI neither solicits, nor will it accept, any assurance of compliance with this policy. Nothing in the policy shall constitute an agreement between OMEDI and any dealer or distributor on any subject including that the dealer or distributor will comply with this policy, or will sell any product at or above any particular price.
OMEDI will not discuss the MRP Policy with any dealer or distributor. Accordingly, all OMEDI personnel and sales representatives have been specifically instructed not to discuss the policy beyond the content of this statement with anyone outside of OMEDI. Please do not attempt to discuss the policy with OMEDI personnel or sales representatives or communicate complaints or advice to OMEDI personnel or sales representatives. OMEDI will unilaterally determine whether MRP Products are being advertised, offered or sold at prices other than in compliance with the OMEDI Minimum Retail Price Policy.
OMEDI sales personnel are not authorized to modify or grant exceptions to this policy.
This Minimum Retail Price (MRP) Policy is applicable in the USA.
If you so choose, you may forward information about non-compliance with the MAP Policy or the MRP Policy to firstname.lastname@example.org. However, please be advised that no OMEDI personnel or sales representative will contact you to acknowledge, respond or follow-up on what you report, nor will they discuss the enforcement of the MAP Policy or the MRP Policy or pricing practices of other dealers or distributors with you.
This MAP policy is designed to: (1) protect the margins and the provision of desirable pre-sales and post-sales services and support; (2) support the OMEDI brand as a premium offering; and (3) avoid destructive intra-brand channel conflict.
OMEDI supports the promotional and advertising efforts of its valued distributors, dealers, integrators and resellers (collectively, “Distributors”), which focus on the features and value of OMEDI products, OMEDI technology, and OMEDI’s reputation in the marketplace. This policy defines the expectations OMEDI has of its Distributors (and their business resale customers, franchisees, etc.) that sell OMEDI products for which OMEDI has an established MAP (the “MAP Products”).
This policy pertains to the minimum advertised prices for MAP Products. Nothing in this policy restricts the actual price at which a Distributor may sell a OMEDI product, including MAP Products. Distributor adherence is voluntary but this unilateral policy will be uniformly enforced by OMEDI. This policy is applicable to all Distributors that sell MAP Products, and all Distributors under this policy are expected to communicate and enforce the requirements of this policy among their business resale customers, franchisees, etc. OMEDI products not specifically identified by OMEDI as MAP Products, and products that OMEDI identifies as discontinued or obsolete and that are expressly identified and sold by the Distributor as discontinued or obsolete, are not subject to the MAP policy.
A. MAP Products, Policy Terms, and Policy Modifications.
1. OMEDI’s MAP Products are available at www.omediusa.com/ or from official OMEDI accounts at online marketplaces on Amazon, Ebay, Etsy, and Walmart.
2. The MAP Products and their corresponding MAP may be updated by OMEDI from time to time at OMEDI’s sole discretion. This policy may also be revised or modified, at OMEDI’s sole discretion, to change, suspend or discontinue the policy, in whole or in part, or to designate promotional periods during which the terms of the policy change or do not apply to some or all of the MAP Products.
3. OMEDI resellers are responsible for remaining current with this policy, the MAP Products, and applicable pricing.
1. The policy applies to all advertisements of MAP Products in any form, including, without limitation, advertisements appearing at, on or in: magazines; newspapers; inserts; catalogues; coupons; billboards; brochures; posters; flyers; direct and indirect mailings; trade shows and trade show materials; websites; on-line portals, 2 shopping and social media sites; mobile devices; Really Simple Syndication (RSS) feeds; blogs; texts; emails and email links; on-line banners; television; or radio (“Advertisements”).
2. Conversations between Distributors and potential customers that are live in-person or in real-time (such as by telephone or on-line) are not considered Advertisements for purposes of this policy.
3. From time to time OMEDI may offer rebates or discounts in connection with its products. Promotional advertising that highlight these rebates or discounts are not considered Advertisements for purposes of this policy.
4. For purposes of Internet-based sales only:
(a) Pricing information displayed for potential customers who follow links such as “click here for your price”, “click for lower price”, “price too low to print”, “click for our price”, “click for special pricing”, stricken text (e.g., example) or other similar text or symbols are considered Advertisements under this policy.
(b) Pricing information displayed for potential customers who have affirmatively proceeded toward making a purchase such as by placing a MAP Product into an electronic “shopping cart” or by following links such as “click here to order”, “add to cart” or “click to buy” or during the purchase payment process are not considered Advertisements for purposes of this policy.
1. In all Advertisements for any MAP Product, Distributors must display the price of that MAP Product that is equal to or greater than the applicable MAP.
2. In all Advertisements for two or more MAP Products that are part of a bundled sale (whether or not the bundle includes other non-MAP Products), Distributors must display:
(i) a price for each MAP Product in the bundle that is equal to or greater than the applicable MAP for each MAP product in the bundle; OR
(ii) a single combined price for the bundle that is equal to or greater than the combined MAPs for the MAP Products in the bundle.
D. Consumer Information.
Distributors who provide general consumer information about minimum advertised price policies may not directly indicate or indirectly suggest that Distributor is contractually obligated to follow this policy. OMEDI does not object to Distributors using the following language, if any, to generally describe minimum advertised price policies to its potential customers:
A Minimum Advertised Price (MAP) policy is a manufacturer’s unilateral policy that establishes certain minimum prices for use in product advertisements. MAP policies only apply to advertised prices. Refer to our MRP policy for restrictions on the actual sale price.
1. In the event that OMEDI verifies to its satisfaction that a Distributor has violated this MAP Policy by advertising a MAP Product or MAP Products in a manner that violates this MAP Policy, it is OMEDI’s unilateral and uniform policy to immediately cease selling the MAP Product(s) in question to that Distributor for the periods set forth below:
(a) for the first violation, immediately cease selling the MAP product in question on all venues including online marketplaces such as Amazon
(b) for a second violation, and for each additional violation thereafter, OMEDI has the right to enforce legal actions against the MAP/UPP violator
In addition, if a Distributor chooses not to follow the policy, or fails to correct all violations of this policy within forty-eight (48) hours of notice from OMEDI of such violations, then OMEDI will unilaterally withhold the following, as applicable and consistent with existing contractual obligations:
(c) OMEDI funding for product Advertising, rebates, discounts, or merchandising;
(d) OMEDI funding for or signage, end caps, point of purchase displays, fixtures or marketing;
(e) OMEDI-funded preferred or priority shipping;
(f) OMEDI-funded direct product mailings and new product announcements;
(g) OMEDI-funded factory tradeshow and special event support (such as OMEDI representative support, videos, banners, and literature); and/or
(h) Authority to use OMEDI-owned trademarks, logos, photos and/or art in Distributor Advertisements.
2. Noncompliance with this MAP policy shall be determined by OMEDI in its sole discretion, and all decisions by OMEDI shall be final.
3. Distributors that OMEDI determines have failed to comply with this policy may never re-qualify for the items withheld.
F. Compliance Monitoring.
1. OMEDI monitors its Distributors and expects its Distributors to monitor their business customer resellers, franchisees, etc. for compliance with this MAP policy. Non-compliance by a Distributor’s business customer resellers, franchisees, etc., shall be treated by OMEDI as non-compliance by the Distributor.
2. Third parties with information about a violation of the MAP policy may report it to OMEDI by visiting www.omediusa.com and following the appropriate link. However, OMEDI will not discuss allegations of compliance with or enforcement of this policy with anyone other than an authorized representative of the alleged non-compliant Distributor.
3. Only authorized OMEDI personnel may communicate with a Distributor about that Distributor’s actual or alleged violations of this policy, and individual exceptions to this MAP policy are not permitted.