Pentair Minimum Advertised Trade Price Policy for Nuheat® Distributors

Pentair is the industry leader in electric floor heating systems, offering effective room-specific heating for any space in the home. Combining luxury and energy efficiency, Pentair provides an easy-to-install solution for heating tile, stone and laminate / engineered wood floors. Fully programmable and a viable alternative to baseboard heaters, Pentair boasts a 25-year warranty and a dedicated customer care team. 

Pentair puts substantial resources into developing and marketing its products and Pentair wants to work through distributors who also market Pentair products based on product qualities. Consequently, Pentair has adopted this Distributor Minimum Advertised Trade Price (MATP) policy. Pentair will not deal with resellers that refuse to advertise Pentair products at or above our minimum advertised trade pricing for those products. 

  1. Policy: Pentair distributors shall not advertise Pentair products at prices less than Pentair Minimum Advertised Trade Price (MATP).  The MATP is Pentair Suggested Trade Price as set forth in the current Pentair Trade Price List, minus 10%.  Thus, if the Suggested Trade Price is $500, the MATP is $450.  Any advertising containing a price lower than the MATP is a violation of this policy, except where an advertised price is rounded down to the next whole dollar (e.g., $499.99 rounded down to $499), which will not constitute a violation.   “Price” includes all price-related terms, such as discounts or percentages off, free premiums, rebates, and discount coupons for existing or future purchases. 
  2. Scope: This policy applies to all forms of advertising including mailings, facsimiles, catalogs, displays at consumer exhibitions and shows, radio, television, and any and all other forms of advertising media, including, without limitation, the Internet and any other electronic network.  Any price information relating to Pentair products on an Internet website that can be accessed directly through any hypertext link or by any other method that uses the hypertext protocol (http) is considered to be advertising for purposes of this policy.  Distributors are responsible for ensuring that their pricing is at or above the MATP on internet search engines.  In addition, Distributors shall not sell or offer for sale any current Pentair products via any Internet auction function.   
    1. Broadcast e-mails are a form of advertising, and this policy applies to them.  Emails sent in response to specific customer inquiries about identified products are not considered advertising.
    2. The price specified in the electronic “shopping cart” at “checkout” is not considered advertising.  Language such as “Click ‘Buy’ for Price” or “Click ‘Add to Cart’ for Price,” “Click for Price” or “Click for Quote” may NOT be used on the same website page on which a Pentair product appears. 
    3. Any Internet advertisements (i.e., all website pages above the “shopping cart” level) in which a Pentair product appears must include a price, which must be no less than the MATP.
    4. Language such as “We Offer the Best Prices,” “We Will Meet Competitors’ Prices,” or “Call for Price” may be used.
  3. Advertising:  Advertising shall not include language or graphics that state or suggest that Pentair product is being promoted at a price less than the MATP. For example, it would violate the Policy to:
    1. Show the price of the Pentair product with a slash line through it in a manner that states or suggests that the advertised offer is less than the MATP.
    2. Advertise “$X off” or X% off’ in a manner that states or suggests that the advertised offer is less than the MATP (i.e., unless MATP products are specifically identified as excluded from the offer).
    3. Advertise any Pentair product as a “free” or “gift” item.​
    4. Advertise a bundle including any Pentair product in a manner that suggests that the Pentair product is being offered at a price below MATP.
    5. Use language such as “Sale Price” or “New Low Price” or words such as “Subtract,” “Less” or “Take Away,” in a manner that states or suggests the advertised offer is less than the MATP.
    6. Include language such as “Price Too Low to Print.”
  4. In-Store Advertising: This policy does not apply to in-store advertising, such as shelf-talkers, price tags, or window displays.  This policy does not apply to products that Pentair has sold as “close-out” merchandise.
  5. Actual Sales Price: his policy applies only to advertised prices, and does not relate to actual sale prices of any item.  Pentair does not seek any wholesaler’s agreement on minimum selling prices and no representative or employee of Pentair is authorized to accept any such agreement from a Pentair distributor. 
  6. Enforcement: Enforcement:  Pentair will enforce this policy through its own staff and outside consultants and agents.  Pentair will unilaterally make all determinations relating to a violation of the MATP Policy at its sole satisfaction. There will be no warnings, threats, discussions, negotiations, or appeals.
  7. Mistakes: There are no exceptions to the policy.  A distributor is responsible for its advertising and Pentair does not have the resources to determine whether a violation is intentional or accidental.
  8. Penalties: Pentair will apply an appropriate penalty for each violation in its sole discretion.  Penalties will include suspension of shipments on a mis-advertised product line; suspension of shipments of a broader class of products; suspension of all product shipments; or termination.
  9. Effective Date: This policy becomes effective April 15, 2010.

Questions: Any questions about this policy should be directed to nuheatcommunications@pentair.com.

[1] Pentair recognizes that resellers will sometimes advertise category-wide sales that do not explicitly or implicitly single out Nuheat® products.