smith&burton values the dedication and partnership of all Resellers who represent and sell our products both in-store and online. To preserve our reputation for premium, high-integrity offerings and to ensure fairness and competitiveness across digital channels, while enabling our resellers to maintain sufficient margins to support our brand. smith&burton firmly believes that this MAP Policy will maximise new product introduction success and overall competitiveness throughout the various sales channels. smith&burton requires strict adherence to this Internet & Minimum Advertised Pricing (MAP) Policy for all sales related to our brand.
This Policy applies to the smith&burton brand products listed on the smith&burton MAP schedule, which is made available to all resellers. smith&burton reserves the right to revise or supplement the MAP Schedule from time to time in its sole discretion. This Policy does not apply to discontinued merchandise, special offers, or closeouts as clearly identified by smith&burton.
This Policy governs Internet advertising only and does not interfere with any reseller’s right to set their own resale prices. "Internet advertising" includes all online promotions or pricing displays, such as websites, blogs, social media, affiliate networks, comparison shopping sites, reseller-initiated emails or text messages to customers or prospects, mobile apps, banner ads, paid search ads, pay-per-click ads, display ads, product listing ads, sponsored links, and other publicly-accessible online marketing activities. This Policy does not apply to in-store advertising limited to a physical retail space and not shared externally with customers.
Online advertisements covered under this policy include any publicly-viewable content that communicates a price or pricing strategy. This includes product listings on websites, email campaigns, social platforms, and digital advertisements. The policy excludes pricing shown on secured, password-protected portals or internal customer accounts, as well as traditional print advertising and in-store displays.
Any product price displayed on a public website is considered an advertised price and must comply with the MAP policy. Once a customer adds a product to their cart or proceeds to checkout, the displayed price becomes the transactional price and is no longer subject to MAP rules.
Features such as auto-generated pricing emails, prefilled forms, auto-responders, hover-cart displays, and pop-ups showing prices prior to cart placement also fall under MAP compliance requirements.
Permitted Promotional Practices:
1. Messaging such as “add to basket to view price”, “call for price”, or similar language is allowed, provided the actual price is not shown below MAP.
2. Discounts applied at checkout based on a customer's historical purchases or loyalty status are acceptable.
3. Free shipping promotions do not violate the policy.
4. Limited promotional windows where discounts below MAP are temporarily allowed - such as:
- Cyber Week (Thanksgiving through Cyber Monday)
- Amazon Prime Day (date set by Amazon)
- Additional promotional periods announced by smith&burton with a minimum 10-day notice
Note: Violations within 48 hours prior to a MAP holiday may result in further penalties, including monetary compensation to cover damages.
5. Subscriptions or auto-reorder programs that apply a discount as part of future deliveries.
6. Special offers targeted at limited groups, such as:
- Unique promo codes
- First-time buyer incentives
- Offers available only to verified members or subscribers
Resellers are free to determine their own selling prices for smith&burton products. However, it is a violation of this Policy to advertise smith&burton products online in the United States at a price below the MAP. All advertised prices must be clear and visible, without distortion or concealment. This Policy does not restrict promotions related to shipping, taxes, rebates, or complimentary product giveaways, provided they do not result in an advertised price below MAP.
This policy applies to all distributors and resellers operating within the United States:
- Internet Sales Distributors and Authorized Resellers must comply with all smith&burton’s current published pricing, policies, product images, and brand standards, including the terms and conditions outlined on our official websites. It is the sole responsibility of the online retailer to stay informed and up to date with any product updates, changes, and pricing modifications published by smith&burton.
- Products must be listed at or above the Minimum Advertised Price (MAP) across all online sales platforms and marketplaces. Enforcing MAP pricing ensures consistent representation of our brand and fairness across all distribution channels.
- Resellers are prohibited from advertising bundles or multipacks that combine smith&burton products with non-smith&burton products, as this can create the false impression of endorsement or association.
- Resellers are prohibited from listing, selling, or offering smith&burton products on Amazon, Walmart.com, eBay or any other third-party marketplace platforms.
- Drop Shipping: Order fulfilment by drop shipping is prohibited without prior written consent from smith&burton.
- Resellers must disclose to smith&burton all business names, assumed names, online seller profiles, and websites used in connection with the sale of smith&burton products on the internet, including contact information.
Intellectual Property
smith&burton remains the sole owner of its copyrights, patents, trademarks, trade dress, and trade secrets (“Intellectual Property”). smith&burton’s Intellectual Property may not be affixed to or advertised in connection with any goods or services other than smith&burton products. Authorized Resellers are granted a limited, non-transferable, revocable license to use smith&burton’s Intellectual Property for marketing, promoting, advertising, and reselling the products, provided they follow the Internet and MAP Policy. This license is granted only to entities approved as Authorized Resellers.
Product Integrity & Packaging
Resellers are strictly prohibited from advertising or selling smith&burton products that have been altered in any way, including but not limited to the removal, replacement, or destruction of original labels or packaging. Additionally, repackaging bulk items into smaller units for resale is not permitted. Any products sold under these altered conditions will be considered unauthentic and are not eligible for refunds, exchanges, or warranty support.
Anti-Diversion
To protect the integrity of the smith&burton brand, our Authorized Reseller network, and our end customers, the following anti-diversion requirements apply to all smith&burton products:
- Domestic Sales Only: All smith&burton products are intended solely for sale to end customers within the United States. End customers are defined as individuals who purchase products for personal use or consumption—not for resale.
- No Unauthorized Resale to Businesses: Resellers may not sell smith&burton products to other resellers, distributors, wholesalers, vendors, or retailers without obtaining prior written approval from smith&burton.
- No International Sales Without Approval: The export or sale of smith&burton products outside the United States is strictly prohibited unless explicitly authorized in writing by smith&burton.
- No Unauthorized Imports: Resellers may not import smith&burton products from outside the United States for the purpose of resale within the United States. All inventory must be purchased through authorized domestic distribution channels.
- Violations of Anti-Diversion may result in immediate termination of Authorized Reseller rights and access to smith&burton products.
Consequences Of Violation
At the sole discretion of smith&burton, failure to comply with the Internet and MAP Policy, including intentional or repeated violations, may result in the immediate loss of Authorized Reseller status and the ability to purchase smith&burton products either directly or through distributors. smith&burton will issue a five-day written notice to any Authorized Reseller found in violation of this Internet and MAP Policy, providing an opportunity to correct the issue. If the violation is not remedied within the notice period, the retailer will be prohibited from purchasing smith&burton products.
For questions, violations, concerns, or to submit exemption requests, please contact:
info@smithandburton.com
