UPP Policy

Unilateral Pricing Policy (UPP)

Effective January 1, 2021, Energy Wise Solutions has adopted a Unilateral Pricing Policy (UPP) to protect the long-term interests of our dealers, distributors, and customers. This policy ensures the preservation of Energy Wise Solutions’ superior technology and product quality, while protecting product value and profitability across all distribution channels.

Although Resellers are free to establish their own resale prices, this policy sets the minimum advertised price for Energy Wise Solutions products. The policy applies to all Resellers—including retailers, jobbers, dealers, installers, online retailers, and warehouse distributors—and will be actively and uniformly enforced. Violations will result in immediate enforcement actions.

Policy Guidelines

  1. Energy Wise Solutions will provide an official price list for its products. The company reserves the right to update or modify this list at any time.
  2. This policy applies to all forms of advertising, including but not limited to: flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, websites, forums, email newsletters, television, radio, and public signage.
  3. Any Reseller that advertises Energy Wise Solutions products below the established UPP level will be considered in violation of the policy and subject to enforcement actions (see Violations).
  4. Energy Wise Solutions will maintain a “Do Not Sell” list for Distributors. This list will include Resellers who purchase indirectly and violate the policy. Distributors who continue to supply these Resellers will also be considered in violation.
  5. If a Reseller with multiple store locations violates this policy at one location, all of that Reseller’s locations will be considered in violation.
  6. It is also a violation of this policy if any Reseller advertises Energy Wise Solutions products:
    • in conjunction with other products at reduced prices;
    • as part of a package or bundled deal that results in an effective price lower than the UPP minimum;
    • on any website using “see price in cart,” “add to cart,” or similar hidden pricing methods.

Exceptions

Energy Wise Solutions reserves the right to occasionally allow promotional sales or special offers for limited periods that may otherwise violate the terms of this policy. Such promotions will be considered official exceptions.

Violations

Violation of this policy will result in unilateral actions by Energy Wise Solutions. While Resellers may set their own resale prices, Energy Wise Solutions reserves the right to make independent decisions regarding product allocation, order fulfillment, and reseller participation. Actions may include:

  • Canceling and indefinitely refusing to accept new orders from any Reseller found in violation;
  • Immediately and indefinitely discontinuing sales to violating Resellers;
  • Asserting intellectual property rights regarding copyright images and trademarked logos if misused.

Additional Terms and Conditions

Energy Wise Solutions reserves the right to modify or discontinue any program with thirty (30) days written notice.

This policy is non-negotiable. Energy Wise Solutions will not discuss conditions of acceptance, nor will it solicit or accept assurances of compliance. Nothing in this policy constitutes an agreement between Energy Wise Solutions and any Reseller regarding compliance or resale pricing.