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MAP Policy

Fortessa Tableware Solutions, LLC Minimum Advertised Price (MAP) and Third Party Platform Policy

Published October 22, 2018 | Effective January 1, 2019

 

Introduction

Fortessa Tableware Solutions, LLC (FTS) is an integrated designer, developer and marketer of commercial and consumer tableware serving the commercial food service market globally as well as a rapidly growing share of the high-end consumer market. We add value to customers across a variety of industries by identifying their marketing objectives and providing solutions that enhance the profitability of their businesses.

Brands covered by Fortessa Tableware Solutions, LLC (FTS) include Fortessa®, Schott Zwiesel, Zwiesel 1872, Jenaer Glas, D&V by Fortessa® (formerly D&V® (Design and Value)), Bella Vita®, Crafthouse by Fortessa®, Cloud Terre® and Steelforme.

In order to uphold the quality and market position of Fortessa Tableware Solutions, LLC’s (FTS) products and brands, FTS has developed this policy document, which all retailers are required to follow. We recognize that our success is tied to the success of our network of select authorized retailers. We also know that many of our retailers invest significant time and resources to deliver an extraordinary customer experience. We choose to support retailers who position our products and brands consistently with their perceived value in the market and with our own marketing objectives.We want to protect these valued retail partners and to discourage price-based advertising that would be detrimental to their service and support efforts and the costs of their investments in time and resources. As a result, FTS has established this Minimum Advertised Price (MAP) and Third Party Platform Policy. This policy covers all retailers in the United States and Canada.
 

Policy Statement

Fortessa Tableware Solutions, LLC (FTS), in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any products covered by this MAP Policy at a price lower than the established MAP. FTS also reserves the right to discontinue doing business with any reseller that does business on a third party platform (online or otherwise) other than those authorized and approved by FTS for that reseller. 

General Guidelines

  • Fortessa Tableware Solutions, LLC may, in its sole discretion, modify its MAP price list from time to time and the products that are governed by this policy.
    • A specific MAP price list in USD ($USD) is available for accounts in the United States
    • A specific MAP price list in CAD ($CAD) is available for accounts in Canada
  • The MAP Policy applies to advertised prices as published in print or online, not the price at which MAP Products are actually sold or offered for sale to an individual in-store, over the telephone, or via a qualified membership program.
     
  • At its sole discretion, FTS reserves the right to pre-authorize in writing specific periods of time when a brand specific MAP policy is temporarily suspended. Such periods will be referred to as “MAP Holidays”, during which retailers may promote up to a stated maximum discount or percentage in connection with the specified brand.  Such MAP Holidays will not be more frequent than twice per calendar year as specified by FTS and will last for such periods of time as specified by FTS. FTS will communicate MAP Holiday occurrences and timeframes to customers in writing via the FTS customer email list no less than 90 days prior to the event, or at its own discretion.
  • As long as FTS products are not singled out either by brand, collection or by SKU, authorized retailers are allowed to include FTS products in a discount program for the store or website as a whole, or for a grouping of products by a certain dollar or percentage amount. Promotions should not be concurrent (or stacked one of top of another) nor active for a period longer than two weeks.  

 

Advertising Guidelines

  • The MAP Policy applies to all advertisements of FTS 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 through advertisement.
     
  • 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, and without prior notice, FTS reserves the right to allow specific brands, collections or SKUs of its choice to be advertised at or below MAP (“Special Promotions”), to which FTS customers will have equal access.  FTS will communicate Special Promotion occurrences and timeframes to customers in writing via the FTS customer email list no less than 30 days prior to the event, or at its own discretion.

 

Policy Enforcement

  • If a retailer with multiple store locations (physical or digital) violates this MAP Policy at any one store location, or on any associated website, then Fortessa Tableware Solutions, LLC will consider this to be a violation by the retailer as a whole
     
  • FTS reserves the right to cancel any pending orders, restrict future orders, or suspend retailer’s account if FTS reasonably believes:

     A retailer has violated the provisions of this policy; or
     A retailer intends to violate this policy.

  • Fortessa Tableware Solutions, LLC’s MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate sanctions
     
  • Waivers to this MAP Policy may be granted in FTS' sole discretion by the MAP Policy Administrator in writing. In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, retailers 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.
     
  • Fortessa Tableware Solutions, LLC monitors the advertised prices of retailers, either directly or via the use of 3rd party agencies and/or tools. Retailers are expected to provide reasonable cooperation in any FTS investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a FTS MAP Policy investigation is a violation of this MAP Policy.

 

Third Party Platforms

  • All retailers that wish to sell Fortessa Tableware Solutions, LLC’s (FTS) products online via a third party platform (e.g. Amazon, Jet, eBay, etc.) are required to complete and have on file a ‘Terms of Sale’ and a complete ‘Customer File Information’ document.

    Fortessa Tableware Solutions, LLC reserves the right to approve any and all websites an authorized retailer wishes to do business on.

    As a condition of approval for a retailer to sell on a third party platform, the retailer must inform Fortessa Tableware Solutions, LLC of all names the retailer is doing business as (DBA) or intends to use. If found selling under an unauthorized DBA, FTS may discontinue doing business with the retailer.

 

Obtaining the MAP price list