Certain advertising practices undermine the reputation, brand, goodwill, and premium image of UpAnAway, LLC dba Blooming Bath (“Blooming Bath”) within its target consumer retail population and discourage its sellers from investing in Blooming Bath products and providing the best possible service and support to customers. To protect the integrity of our brand, Blooming Bath has adopted this unilateral United States Minimum Advertised Price Policy (“Policy”), which applies to all authorized sellers of Blooming Bath products selling to end user consumers in the United States. This Policy is effective April 1, 2022 and supersedes all prior Blooming Bath policies or representations regarding minimum advertised prices or resale prices for the Covered Products (as defined below) applicable to sellers.
This Policy applies to advertisements of the Blooming Bath products listed on the Blooming Bath MAP Schedule (“Covered Products”), accessible at https://bloomingbath.com/pages/map-policy.
The Blooming Bath MAP Schedule will be made available to all sellers and may be amended by Blooming Bath in its sole discretion at any time.
The “minimum advertised price” (“MAP”) is the lowest price at which the Covered Product may be advertised to consumer end users. Blooming Bath is solely responsible for (1) establishing the MAP for each Covered Product and (2) communicating the MAP to all sellers. While sellers remain free to advertise and sell all Blooming Bath products (including the Covered Products) at any price, it is a violation of this Policy for a seller to advertise any Covered Product at a price lower than the MAP.
For purposes of this Policy, the terms “advertising” and “advertisements” include all promotional or pricing information of Covered Products displayed via any type of media, including, but not limited to:
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The terms “advertising” and “advertisements” do not include:
Advertisements that violate this Policy include, but are not limited to:
A. Offering coupons, discounts, rebates, or other inducements that, when applied, result in a price lower than the MAP, including through use of a storewide sale, category-wide sale, promotional code, or other similar provision that can be applied to the Covered Products;
B. Strikeouts or strikethroughs of pricing information, “see price in cart,” or other statements that suggest a lower price for a Covered Product may be found at the Final Online Checkout Stage; and
C. Direct or indirect attempts to circumvent this Policy.
It is not a violation of this Policy to advertise the following, notwithstanding the prior prohibitions in Section 5:
A. Customer-Initiated Solicitations for Price: That a customer may “call for price,” “text for price,” or “email for price,” as long as no price is listed and no automated call, text message, or “bounce-back” email is used in response;
B. Free/Reduced Price Shipping: Free or reduced-price shipping on a Covered Product, as long as such offer applies to all or almost all other products offered by the seller in the same product category as the Covered Product; and
C. Store-Wide/Site-Wide Promotions: Coupons or promotions which result in a Covered Product being advertised at a price lower than the MAP, provided that such coupon or promotion (1) applies to all products offered by the seller or all products offered by the seller in the same product category as the Covered Product; (2) does not specifically refer to Blooming Bath, its brand, or any Covered Product; and (3) the advertised net price of the Covered Product is not listed in the advertisement of the Covered Product.
This Policy does not constitute an agreement between Blooming Bath and any authorized seller or other party. Blooming Bath does not solicit and will not accept any assurance of compliance with this Policy from any authorized seller or other party. Each authorized seller must independently choose whether to comply with this Policy. This Policy is not negotiable and will not be altered for any individual authorized seller.
From time to time, Blooming Bath may announce MAP holidays or promotions that are applicable to all sellers, during which periods a seller that advertises a Covered Product in accordance with the terms of the authorized promotion will not be deemed to have violated this Policy. Blooming Bath will notify all authorized sellers of any such authorized promotions.
Blooming Bath will take the following actions against any seller that fails to comply with this Policy:
First Violation:
For a seller’s first violation, Blooming Bath will notify the seller in writing of such failure.
Second Violation:
For a seller’s second violation, Blooming Bath will notify the seller in writing of such failure and will immediately place the seller’s account on shipping hold for thirty (30) days. Blooming Bath will revoke its acceptance of any pending orders, cancel any pending shipments to the seller, and not accept any new orders from the seller during this 30-day period.
Third Violation:
For a seller’s third violation, Blooming Bath will notify the seller in writing of such failure and will immediately place the seller’s account on shipping hold for ninety (90) days. Blooming Bath will revoke its acceptance of any pending orders, cancel any pending shipments to the seller, and not accept any new orders from the seller during this 90-day period.
Fourth Violation:
For a seller’s fourth violation, Blooming Bath will notify the seller in writing of such failure and will terminate its business relationship with the seller and revoke the seller’s “authorized” status. Blooming Bath will revoke its acceptance of any pending orders and cancel any pending shipments to the seller.
This Policy will be enforced by Blooming Bath in its sole discretion. Sellers have no right to enforce this Policy.
Blooming Bath may update, revise, suspend, terminate, reinstitute, or modify this Policy or the MAP on any Covered Product at any time in its sole discretion. Any such modifications will be made available to all authorized sellers.
No Blooming Bath employee or agent is authorized to modify, interpret, or grant any exceptions to this Policy; solicit or obtain the agreement of any person or entity to comply with this Policy; or otherwise discuss any aspect of this Policy with any seller, including that seller’s or any other seller’s compliance with the terms of this Policy.
Any questions about this Policy should be submitted in writing and directed to Blooming Bath’s MAP Policy Administrator at Map@bloomingbath.com. Blooming Bath will not accept any other form of communication from sellers regarding this Policy.
