UPP Policy
Unilateral Pricing Policy
In an effort to protect the long-term interest of our dealers, distributors and customers, we have universally adopted a Unilateral Pricing Policy (UPP) effective January 1st 2021. This Policy is to ensure the preservation of Energy Wise Solution’s superior technology and quality products, the product value and to protect the profitability of Energy Wise Solution’s products across all channels of distribution. Although Resellers remain free to establish their own resell prices, this Policy sets forth the minimum price for which Energy Wise Solutions products can be advertised. This Policy is subject to all “Resellers” which include retailers, jobbers, dealers, installers, online retailers, and warehouse distributors. Energy Wise Solutions will actively and uniformly enforce this Policy, and Reseller actions deemed to be in violation of these policies will be enforced immediately.
1. Policy Guidelines
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Energy Wise Solutions will distribute a . Energy Wise Solution reserves the right to update or modify this list at any time.
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This Policy applies to all advertising of Energy Wise Solution’s products in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines catalogs, mail order catalogs, internet or similar electronic media including websites, forums, email newsletters, email solicitations, television, radio, and public signage.
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Any Reseller that advertises Energy Wise Solutions product(s) below the set UPP level will be considered in violation of the Policy and is subject to the actions outlined in Section 3.
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Energy Wise Solution’s will send out a “Do Not Sell” list to Distributors. This list will consist of Resellers who do not purchase directly from Energy Wise Solutions, but rather from a Distributor. Distributors found to be selling to Resellers violating this Policy shall be also considered in violation and will be subject to the actions outlined in Section 3.
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If a Reseller with multiple store locations violates this Policy at any particular location, then Energy Wise Solutions will consider this to be a violation by all of the Reseller’s locations.
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It will also be considered a violation of this Policy if any Reseller advertises Energy Wise Solution’s products:
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in conjunction with other products at reduced prices.
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. in a “package” or combination along with other discounted services, such that the effect of such combinations and/or packaging would be that the actual selling price of the Energy Wise Solutions product line by the customer would be lower than the maximum allowable discount for those products.
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in any website that utilizes “see price in cart”, “add to cart” or similar types of options
2. Exceptions
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Energy Wise Solutions reserves the right to occasionally permit sales of its products in connection with promotions for limited periods of time that might otherwise violate the terms of the policy and consider them to be exceptions to the policy.
3. Violations
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Violation of this Policy will result in actions unilaterally imposed by Energy Wise Solution’s. Energy Wise Solutions recognizes each Reseller’s right to establish its own resale prices. Energy Wise Solutions similarly has the right to make its own decision regarding product allocation and Reseller participation, as well as the right to take one or more of the following actions immediately following the verification that such a Reseller has violated this Policy.
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Energy Wise Solutions reserves the right to cancel any and indefinitely refuse to accept any new orders from any Resellers following Energy Wise Solution’s verification that said Reseller is in violation of the policy.
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Energy Wise Solutions reserves the right to immediately and indefinitely discontinue selling its products to Resellers who are in violation of the policy
Energy Wise Solutions reserves the right at any time to assert infringement of an intellectual property right with respect to copyright images and trademarked logos.
4. Additional Policy Terms and Conditions
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Energy Wise Solutions reserves the right to change or discontinue any program upon thirty (30) day written notice.
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Energy Wise Solutions will not discuss any conditions of acceptance related to this policy, as it is nonnegotiable and will not be altered for any Reseller. In addition, Energy Wise Solutions neither solicits, nor will it accept, any assurance of compliance with this policy. Nothing in the policy shall constitute an agreement between Energy Wise Solutions and any Reseller on any subject including that the Reseller will comply with this policy, or will sell any product at or above any particular price.