UMAP Policy

This Unilateral Minimum Advertised Price (UMAP) Policy (“Policy”) is issued by F.M. Brown’s Sons, Inc. (“Brown’s”) to establish a framework that preserves brand equity and ensures a clean, compliant sales channel. The Policy aims to protect the value of the Tropical Carnival® product line and promote long-term investments by our resellers in delivering exceptional customer service and support.

This Policy applies to all authorized resellers of Brown’s Tropical Carnival® products within the United States. While resellers maintain discretion in pricing, this Policy outlines the Unilateral Minimum Advertised Price (“UMAP”) requirements for these products as listed on the official UMAP schedule (“Covered Products”).

1. Unilateral Minimum Advertised Price (UMAP):

• Brown’s will determine and publish the UMAP for each Covered Product.
• Resellers are free to sell at any price, but advertising prices below the UMAP is prohibited.
• “Advertisement” refers to any promotional content, including but not limited to online catalogs, emails, social media, websites, and banners.

2. Online and In-Store Advertising:

• Permissible actions include:
  (i) Indicating “Call/Text/Email for price” without automating responses.
  (ii) Offering non-price-related incentives, such as free shipping, or highlighting tax exemptions.
• In-store promotions, printed catalogs, or local advertisements may vary from the UMAP without violation.

3. Third-Party Platforms (Amazon, eBay, Walmart, Google Shopping): Given the evolving nature of online marketplaces and unauthorized seller risks, this Policy explicitly applies to resellers utilizing third-party platforms. Brown’s reserves the right to monitor and enforce UMAP adherence across all online sales channels, prioritizing clean and compliant listings.
4. Enforcement & Penalties:
   To ensure compliance, Brown’s will take the following enforcement actions:

• First Violation: Reseller will be notified of the breach.
• Second Violation (within 12 months): A 30-day shipping hold will be placed on the account.
• Third Violation (within 12 months): Termination of the business relationship.

Any attempt to bypass this Policy or a violation by a third-party distributor will be deemed a direct violation by the reseller.

5. Monitoring & Reporting Mechanism: Brown’s will utilize advanced monitoring tools to track pricing activity across multiple platforms, ensuring compliance. Weekly snapshot reports and data export options are available for internal use.
6. Unauthorized Sellers & Counterfeits: Resellers are expected to safeguard against unauthorized sales and counterfeit products by ensuring only authorized distribution channels are used. This Policy underscores the importance of maintaining product integrity and avoiding third-party resellers who undermine authorized pricing strategies.
7. No Solicitation of Compliance Assurance: This Policy is non-negotiable and unilateral. Brown’s will not seek agreements from resellers or third parties regarding their compliance, as this is solely the reseller’s independent decision.
8. Modifications to Policy: Brown’s reserves the right to modify this Policy as needed, including price adjustments or promotional allowances. A 30-day notice will be provided for UMAP changes.
9. Contact for MAP Inquiries: For questions, contact the UMAP Liaison at comply@fmbrown.com.