Fine Art Publishing’s Minimum Advertised Price Policy
As a producer of superior quality fine art reproductions, Fine Art Publishing™ strives to enhance its brand and reputation by providing outstanding customer service and an excellent customer experience. It does so largely through the efforts of a network of registered dealers (“Dealers”). To encourage Dealers to continue to make the commitments of time and resources necessary to deliver the outstanding level of sales support and service associated with Fine At Publishing reproductions, Fine Art Publish has unilaterally adopted the MINIMUM ADVERTISED PRICE POLICY (the or this “Policy”) described below. Implementation of this Policy is intended to help assure that Dealers who help build and sustain the market for Fine Art Publish reproductions by providing suitably high level of service and support are not denied the fruit of their efforts by “free riders” who do not make similar efforts but promote Fine Art Publishing reproductions primarily on the basis of price, ultimately harming the image and reputation of the Fine Art Publishing brand and the value of its reproductions. This Policy only applies to fine art editions produced by Fine Art Publishing. It does not apply to Editions produced by others, such as The Greenwich Workshop, that are distributed by, but were not produced by, Fine Art Publishing.
This Policy has been unilaterally adopted by Fine Art Publishing. This Policy statement is being conveyed to all Dealers for their information on a confidential basis. Fine Art Publishing is not requesting, or otherwise seeking, any Dealer’s consent or agreement with respect to the Policy.
It is Fine Art Publishing’s policy that every Fine Art Publishing fine art edition is to be protected against being advertised for sale or other transfer at prices below Fine Art Publishing’s manufacturer’s suggested retail price (“MSRP”) during the edition’s protection period (defined below). Therefore, Dealers may not advertise any reproduction in a Fine Art Publishing edition, including any artist’s proof, at a price lower than Fine Art Publishing’s MSRP until after expiration of the edition’s protection period. Fine Art Publishing intends to limit or discontinue doing business with any Dealer that violates this Policy.
An edition’s protection period begins on the edition’s release date and runs through December 31st of the third calendar year after the release date. For example, reproductions in editions that were released at any time in 2017 are subject to protection through December 31, 2020. The release date of each Fine Art Publishing edition is available on Fine Art Publishing’s website.
This Policy limits the price at which a reproduction in an edition may be advertised during the edition’s protection period. It does not limit the price at which a reproduction may be advertised for individual sale after expiration of its edition’s protection period.
This Policy applies to advertisement by any means in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, telephonic solicitation, public signs and displays, consumer exhibitions and shows, websites, blogs, email newsletters, email solicitations, text messages, and social media. It does not limit the price a Dealer may offer an individual or the price at which a Dealer actually sells. Each Dealer is free to independently determine its actual sales price for Fine Art Publishing reproductions.
Unless subject to an exception specified under the “Exceptions” heading below, any advertisement displayed or published by or for a Dealer for a Fine Art Publishing reproduction during the edition’s protection period that includes a price for the reproduction that is lower than (or that might be perceived as being lower than) the edition’s MSRP violates this Policy.
The following is a non-exhaustive list of activities that are prohibited in connection with the advertising or promotion of a Fine Art Publishing reproduction during its edition’s protection period:
- Advertising the reproduction in combination with a non-Fine Art Publishing reproduction at a single price;
- Advertising the reproduction in combination with a non-protected Fine Art Publishing reproduction at a single price that is less than their combined MSRPs;
- Advertising that offers gift certificates or store credit in combination with the reproduction at a single price, where the value of the gift certificate or store credit results in a net advertised price below MSRP;
- Advertising the reproduction as eligible for a store-wide or other general discount that effectively brings the net advertised price below MSRP;
- Advertising the reproduction for sale on a “best offer” or “make an offer” basis;
- Advertising the reproduction through an online auction in which the displayed minimum initial bid is less than MSRP or in which any bid or final sale price displayed is less than MSRP;
- Making statements in displays or communications on a website that indicate, state, imply or suggest that a lower price may be found at the online check-out, including but not limited to: “click here for lower price,” “see lower price in cart,” “add to cart for lower price,” “check cart for lower price,” or similar language;
- Using “click for price,” automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, or other means of providing automatic price display for an item prior to the item being placed in a customer’s shopping cart; and
- Engaging in any other communication or activity that Fine Art Publishing believes is intended to, or which does, result in advertisement of the reproduction at a price that is less than its MSRP.
It will not be a violation of this Policy to advertise that a customer may “call for price” or “email for price”, or use similar language, but only if no price is listed for a reproduction during its edition’s protection period and the dealer’s response is not automated. Nor will it be violation of this Policy to advertise in general that the Dealer has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases, so long as the Dealer does not include any advertised price for a reproduction during its edition’s protection period that is below its MSRP and otherwise complies with this Policy.
This Policy is subject to a few exceptions. It does not apply to the following:
- Brick-and-mortar in-store displays, price markings and other advertising that is not distributed to customers or perceptible from outside store premises;
- Internet “shopping cart” pages where the customer sees a final price and elects to actually purchase;
- Non-automated email, texts, and social media messages sent as an individual, direct response to a customer inquiry; and
- Non-automated telephone calls made in direct response to a customer inquiry.
A Dealer’s disclosure of this Policy to anyone other than another Dealer without the express written consent of Fine Art Publish will be considered a violation of this Policy.
Policy Modification and Enforcement
This Policy statement supersedes all prior versions. This Policy may be modified, supplemented, terminated or abandoned by Fine Art Publishing at any time with or without notice.
This Policy will be enforced by Fine Art Publishing in its sole discretion and without Notice. Dealers, distributors, and resellers have no right to enforce this Policy.
Fine Art Publishing’s MAP policy Administrator is solely responsible for determining whether a violation of this Policy has occurred, as well as determining appropriate sanctions. Sanctions may include, without limitation, cancelation of pending orders, limiting or barring future orders, and terminating Dealer status.
Fine Art Publishing reviews the advertised prices of Dealers, either directly or via the use of third-party agencies or tools. Dealers are expected to provide reasonable cooperation in any Fine Art Publishing investigations regarding possible Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Fine Art Publishing investigation will be considered a violation of this Policy.
Questions Regarding This Policy
This Policy is non-negotiable and no modifications will be made for any Dealer. Fine Art Publishing cannot and will not discuss this Policy outside of providing the terms of the Policy and examples of compliant and non-compliant advertising. Fine Art Publishing will not respond to any comments from one Dealer about the activities of any other Dealer.
If you have comments or concerns about this Policy, please submit them by email to firstname.lastname@example.org.