Smokus Focus Minimum Advertised Pricing Policy (MAP)

Smokus Focus actively supports the advertising and promotion of its products by its dealers. Smokus Focus has built a strong reputation and following among consumers. Smokus Focus believes it is important that its dealers and distributors provide skilled, professional assistance in demonstrating, explaining, selecting and purchasing Smokus Focus products. Accordingly, Smokus Focus recognizes that its dealers must earn sufficient profits to provide those services. In addition, Smokus Focus has determined that marketing its products at prices below certain levels undermines the industry reputation, image, and marketing strategy as a leading supplier in the Smoking accessories industry. This also makes it less likely that dealers and distributors will carry Smokus Focus products or earn sufficient profits.

As a result, Smokus Focus has determined that it will not support, through advertising or promotional materials, cooperative advertising or otherwise, advertisements or promotional materials that have the effect of diminishing or detracting from the perceived value of Smokus Focus products.

Effective as of March 1, 2016, Smokus Focus has unilaterally established a minimum advertised price (“MAP”) on all Smokus Focus products to support brand value and consumer service and satisfaction. This policy applies to dealers and distributors worldwide.

The following guidelines apply to the Smokus Focus MAP policy:

  1. These guidelines have been developed independently and unilaterally by Smokus Focus, and may be amended, waived or cancelled from time to time in Smokus Focus sole and absolute discretion. Not withstanding any other provisions of these guidelines, these guidelines do not and shall not constitute a binding agreement between Smokus Focus and any other party, and no distributor shall have any enforceable rights hereunder.
  2. Smokus Focus may, in its sole discretion, select one or more companies to act as domestic distributors of certain products. Any companies selected as distributors shall have the right to distribute Smokus Focus products on a non-exclusive basis to retailers within the United States and with other such restrictions as may be determined from time to time by Smokus Focus.
  3. Authorized dealers and distributors may sell Smokus Focus products at any price in their sole discretion. However, Smokus Focus reserves the right to supply products only to those dealers and distributors whose advertised prices for Smokus Focus products at or above the MAP referenced in Smokus Focus price sheets.
  4. MAP policy applies to all advertisement of Smokus Focus products in any media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, internet or similar electronic media, television, radio and public signage. MAP applies to all website and all other internet references to prices of any Smokus Focus products, either express or implied . Smokus Focus MAP policy is not applicable to any in-store advertising that is not distributed to any customer such as in-store displays or signs.
  5. MAP applies only to advertised pricing and does not apply to the price at which products are actually sold or offered to any individual customer within the dealer’s retail location or over the telephone. Smokus Focus Dealers and Distributors remain free to sell these products at any price they elect.
  6. Smokus Focus MAP policy does not establish the maximum advertised pricing. All dealers and distributors may offer Smokus Focus products and any price in excess of the Smokus Focus MAP established for such a product.
  7. Smokus Focus MAP policy does not in any way limit the ability of any dealer to advertise that they “have the lowest prices”, that they “will match or beat any competitors price”, that consumers should “call for price”, or phrases of similar import, as long as the advertised or listed price is not less than the Smokus Focus MAP.
  8. Examples of advertising that express or imply a price less than Smokus Focus MAP, and therefore violate this policy include, but are not limited to “prices too low to show”, “prices so low we can’t advertise”, “instant rebates”, “promotional code”, and “promotional coupon”.
  9. The inclusion in advertising of free or discounted products (whether made by Smokus Focus or another manufacturer) with a product covered by Smokus Focus MAP policy is contrary to the policy if it has the effect of discounting the advertised price of the covered product below Smokus Focus MAP. Similarly, advertising that offers or promotes Smokus Focus products as a “bonus”, as “free”, or with no or a limited charge less than MAP violate this policy.
  10. Smokus Focus may, unilaterally, and in its sole discretion, discontinue supplying its products and terminating its business relationship with any dealer or distributor that fails to comply with this policy, whether or not the violation occurs in relation to one or several of the dealers or distributor’s outlets or points of sale. Smokus Focus may not provide prior notice or issue warnings before taking any action under this policy.
  11. Under this MAP policy, Smokus Focus may refuse to sell its products to any dealer or distributor who is found supporting, supplying, or in any way facilitating other dealers, distributors or retailers who advertise below Smokus Focus published MAP price.
  12. This MAP policy is established by Smokus Focus for all Smokus Focus products and may be adjusted by Smokus Focus at any time in its sole discretion. This MAP policy has been established by Smokus Focus to help ensure the legacy of Smokus Focus as a top producer of high quality display jars and to protect the reputation of its name and products. Smokus Focus policy is also designed to ensure that dealers and distributors have the incentive to invest resources into services for Smokus Focus customers.
  13. EZ Direct is the Sole and Exclusive Amazon and Ebay Distributor of Smokus Focus jars in the USA.

International Duties and Taxes

The importer of record is responsible for the payment of any and all internationally imposed duties and taxes on imported orders.

By acknowledging these terms and conditions, customer hereby acknowledges that import duties and taxes are not included in wholesale or retail pricing quotes. Importing customer is fully responsible for paying all international duties and taxes on all orders.