MINIMUM ADVERTISED PRICE POLICY
Effective as of 24 August 2018
Wild & Wolf, Inc. (“the Company”) has built a strong brand name and loyalty among consumers and does not wish to support any advertising or promotions that would have the effect of diminishing or detracting from the perceived value of the Company’s products. The Company’s Minimum Advertised Price (“MAP”) Policy supports fair competition and discourages advertised price disparity for its products.
The MAP Policy applies equally to all the Company’s channel partners who sell and/or advertise the Company’s products directly to end-user customers (collectively, “Channel Partners”). Channel Partners are free to sell the Company’s products at whatever price they deem appropriate. However, in order to protect the Company’s high quality image and maintain brand equity, the Company will, without assuming any liability, execute the Schedule of Consequences as set forth below upon verification to its satisfaction that a Channel Partner has advertised a Company product below the MAP price set for such product.
The Company reserves the right to revise the terms of this MAP Policy at any time.
MAP Policy Guidelines
The MAP Policy shall operate under the following guidelines, and a Channel Partner must be in full compliance with the guidelines in order to qualify for program benefits:
- The Company will in its sole discretion establish a MAP (or no MAP) for each of the Company’s products, and any such MAP will be listed on the most current price sheet of the Company provided to Channel Partners. MAP pricing may be adjusted by the Company at its sole discretion twice per calendar year on or after launch of each new Company catalog.
- The Company’s product prices in advertisements must be at or above the applicable MAP prices contained in the most current price sheet. Deviation of $0.99 is permitted to accommodate retail price point guidelines. This applies to Channel Partner advertisements in any and all media, including, but not limited to (i) print (newspaper, circulars, flyers, posters, coupons, mailers, inserts, magazines, catalogs or any other print material), (ii) broadcast (radio or television), (iii) public signage, (iv) fax, (v) direct e-mail or email blast, (vi) direct mail, and (vii) Internet and electronic commerce (websites, online stores, and online check-out cart).
- The MAP Policy applies to all pricing engines, as well as pricing feeds to Amazon.com, Buy.com or other similar sites that accept third party feeds;
- If mail-in rebates, promotions or instant rebates are offered, the net price of the Company’s products must be at or above the MAP price. The net price of the Company products must be identified separately from the rebate or promotion amount, and clearly state that the net price is “after rebate” or “net of rebate.”
- The MAP Policy is not applicable to any in-store signage, displays, or price tags that are visible only within the store and that are not physically distributed to any customer.
- The MAP Policy applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the Channel Partner’s location or over the telephone. The Company’s Channel Partners remain free to conclude sales of the Company’s products to individual consumers at any prices they elect.
- The MAP Policy does not establish maximum advertised prices. All Channel Partners may advertise the Company’s products at any price in excess of the MAP established for such products.
- From time to time the Company may discontinue models or engage in special promotions with respect to certain products. In such events, the Company reserves the right to modify or suspend the MAP with respect to the affected products by notifying all Channel Partners of such change.
Deviations from MAP Policy
Deviations from the MAP Policy will be announced periodically by the Company in connection with the following events:
- Bundled product promotions in relation to the Company’s products
- Free or discounted gift or service promotions
- New store opening promotions
- Channel Partner anniversaries
Schedule of Consequences
In the event the Company verifies to its satisfaction that a Channel Partner has advertised a Company product below the MAP price set for such product, the Company will:
- First Violation: provide written e-mail warning and three-business day notice to comply with this MAP Policy. If the Channel Partner does not bring itself back into compliance with this MAP Policy within two full business days of receiving a written e-mail warning, that will be considered a new instance of violation.
- Second Violation: withdraw the ability of the Channel Partner to advertise or purchase Company products for the three-month period following the date of the violation. During such period, Wild & Wolf may cancel all orders and refuse to accept any new orders from the Channel Partner. Additionally, during such period, no deductions may be made by the Channel Partner from any invoice payment for reimbursement of any allowance. Any attempted deduction made will be charged back to the Channel Partner. Unauthorized deductions will be treated as non-current credit status and will be dealt with in accordance with the Company’s credit policies.
- All Subsequent Violations: withdraw the ability of the Channel Partner to advertise or purchase Company products for the six-month period following the date of the violation. During such period, Wild & Wolf may cancel all orders and refuse to accept any new orders from the Channel Partner. Additionally, during such period, no deductions may be made by the Channel Partner from any invoice payment for reimbursement of any allowance. Any attempted deduction made will be charged back to the Channel Partner. Unauthorized deductions will be treated as non-current credit status and will be dealt with in accordance with the Company’s credit policies.
After the third violation of this MAP Policy, the Company at its sole discretion may terminate the Channel Partner.
This MAP Policy is not intended as, nor is it to be construed as, either an attempt by
the Company to set prices of the Channel Partner, or an agreement between
the Company and any Channel Partner with respect to prices. Each Channel Partner has the right to independently determine its own specific selling prices for the Company’s products.
This MAP Policy shall remain in effect indefinitely, provided that the Company reserves the right at its sole discretion to modify, amend or cancel this policy with fourteen (14) days’ prior written notice to participating Channel Partners.
The terms of this MAP Policy are confidential and should not be disclosed by Channel Partner to other parties.
All questions regarding the MAP Policy must be directed to the Company’s MAP Policy Administrator at firstname.lastname@example.org or 866 285 4407.
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