Retailer Policy: Minimum Advertised Price

For other Kusshi Retailer Policies, please refer to the Retailer Policies page. 

Kusshi, LLC Minimum Advertised Pricing Policy (MAP)

This policy acknowledges that Kusshi, LLC ("Kusshi") products are positioned as extremely high quality, luxury items. In order to preserve its reputation for providing customers with the highest quality products and extraordinary customer service, and to further enhance the Kusshi brand image in the United States and its competitiveness in the marketplace, Kusshi is unilaterally instituting a policy of minimum advertised price standards for Kusshi products in the United States.

Kusshi greatly values the efforts of all Retailers that distribute Kusshi products and support our customers. This MAP Policy is adopted for the benefit of all Retailers and will be equally enforced. It is our goal to make all Kusshi Retailers more valuable by curtailing “race to the bottom” advertising strategies that undermine the Retailers' investment with Kusshi.

This policy applies to U.S. sales channels and affects Kusshi Retailers and Distributors including all online or print catalog elements, and internet retailers, e.g. business to consumer sales channels (collectively “Retailers”) who resell Kusshi products in the United States or advertise Kusshi products in the United States. This Minimum Advertised Pricing Policy (“MAP Policy”) is effective as of January 1, 2019.

Definitions:

“Kusshi Products” include all Kusshi Products, which can be found listed on our website at www.kusshi.com.

Violators will be terminated:

Any Dealer found marketing Kusshi products in violation of this policy will have their account terminated and will lose their ability to purchase Kusshi Products. Kusshi does not intend to do business with Retailers who devalue the image of Kusshi and its products. Kusshi need not provide prior notice or issue warnings before terminating a Retailer for violation of this Policy.

Scope of Policy

This policy applies to advertisements on the following media:

• Retailer websites, but not prices shown in a secure or encrypted web store shopping cart
• Print advertisements (inserts, magazines, newspapers, etc.), but not such advertising, including displays, shown in-store
• Broadcast advertisements (radio, Internet, TV, etc.)
• Direct mailers, Faxes, E-mail Blasts, and Newsletters
• Internet advertising, including, but not limited to, banner ads, search ads, shopping comparison ads, broadcast e-mails, automatic emailed price lists, and forum posts.

For clarity, this a Minimum Advertised Price policy only and does not restrict, coerce, or force a Retailer to charge a particular sales price for any Kusshi product. Nothing in this MAP policy restricts Retailers from deciding the price at which they will sell Kusshi products to the consumer. Retailers remain free to sell Kusshi products at any price they choose.

MAP Price List:

The MAP price shall always be the price that is advertised to consumers on the Kusshi website at www.kusshi.com. These prices may be amended or adjusted by Kusshi at any time at its sole discretion. A MAP price list may also be obtained by contacting our Sales Department directly. Each advertisement of a Kusshi product below the price presented on the Kusshi website or MAP price list will be a violation of this MAP Policy. Note: Kusshi products found to be “on-sale” or discounted from the MAP on www.kusshi.com are not subject to the MAP policy.

From time to time, Kusshi may choose to offer special promotions and discounts on certain products. In such a case, we reserve the right to modify or suspend this MAP Policy in whole or in part and will attempt to notify all Retailers of the duration and nature of the change by updating the prices on www.kusshi.com and through email correspondence sent to the last known email of active Retailers. Kusshi products found to be “on-sale” or discounted from the MAP Price list on www.kusshi.com are not subject to the MAP Policy.

Bundling:

The inclusion in advertising of free or discounted products (whether made by Kusshi or another manufacturer) with a product covered by this MAP Policy would be contrary to this MAP Policy if it has the effect of discounting the advertised price of the covered Kusshi product below the price on the MAP Price List. Bundling practices that result in the price of a Kusshi product dropping below MAP are strictly prohibited.

Strike-throughs:

If the pricing is displayed, any strike-through or other alteration of the price that is paired with a discount price below the price on the MAP Price List is prohibited.

Reward Points: Discounts applied at checkout to the entire order based on a customer’s purchasing history with the Retailer, such as discounts for “frequent shoppers” or “reward points”, do not violate this MAP Policy.

Policing and compliance:

This MAP Policy is solely within Kusshi’s discretion and authority acting through the duly authorized managers of Kusshi. No employee or sales representative of Kusshi. 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 MAP Policy, Kusshi, LLC, 2028 E Ben White Blvd #240-4150, Austin, TX 78741 USA or via e-mail to hello@kusshi.com SUBJECT: MAP POLICY, and we will respond only in writing. No oral communications about this MAP Policy are authorized. The Kusshi MAP Team shall be solely responsible for determining whether a violation of the policy has occurred and communicating decisions to Retailers regarding the policy. Be advised that Kusshi personnel may not contact you to acknowledge, respond, or follow-up on the enforcement of the MAP Policy or pricing practices of other Retailers. Any action taken by Kusshi under this MAP Policy shall be without liability to Kusshi.