THINK PRODUCT LAB MINIMUM ADVERTISED PRICE (MAP) POLICY
Think Product Lab (TPL) provides patent pending, retractable, refillable lint rollers called Flint. Key to the brand’s continued success in attracting a uniquely passionate fan following is providing consistent, high-quality customer service and maintaining the brand’s integrity. This can only be achieved if our products are appropriately promoted throughout the marketplace. Accordingly, effective immediately, TPL has unilaterally adopted the following Minimum Advertised Price (“MAP”) Policy (the “Policy) applicable to all authorized U.S. Flint retailers (“Retailers”), including but not limited to, in-store retailers, on-line retailers (including sales via Amazon.com and similar sites), and catalog retailers.
TPL is not inviting or seeking, nor shall it accept, any agreement by any Retailer to abide by this Policy. Rather, TPL has unilaterally determined that it will only distribute its products through Retailers that consistently comply with the requirements of this Policy.
1. The Policy:
- As further specified below, this MAP Policy prohibits Retailers from advertising or offering for sale any product at a price below five cents (0.5¢) off of Flint’s MAP Price, which can be modified by TPL at any time.
- In determining whether a Retailer’s advertised or offered price falls below MAP Price, all discounts, credits (excluding free shipping offers), or rebates shall be included. TPL reserves the right to inspect all books, records, and other documents of its Retailers relating to any TPL product or transaction to determine compliance with this Policy.
2. This Policy applies to only those products on the MAP Product List including:
- Advertising of Product on the MAP Product List, including but not limited to internet, email, print, billboards, radio, television, mailers and external facing advertising at brick and mortar retail store locations.
- Online pricing of Products on the MAP Product List, excluding prices in "shopping carts".
3. This Policy does not apply to:
- Prices displayed on in-store brick and mortar displays, in-store checkout prices, point of sales signs, and prices provided only upon adding to online "shopping carts".
4. IMPORTANT: SEASONAL SALES WINDOWS
MAP policy will not apply to seasonal sales discounts providing that Products are not discounted more than 6 weeks per year by Retailer.
5. Loyalty Programs
- Notwithstanding the prior paragraph, TPL understands that certain Retailers utilize a club program or loyalty program that offers discounts/rewards based on purchases. Advertising related to such member programs may not specifically advertise or mention TPL products. Such programs must also be applied to TPL products in a manner no different than the manner in which they are applied to similar products from other manufacturers.
6. Consequences for Violating the Policy
- Failure to comply with this Policy in any manner shall be grounds for termination to the extent permissible by law. The failure to immediately terminate a Retailer for violation of this Policy, however, shall not constitute a waiver of TPL’s right to take such action at a later date for any past, present, or future violations of this Policy.
- While TPL reserves the right to immediately terminate any Retailer for any violation of this Policy, TPL understands that there may be instances where a violation is inadvertent. As such, TPL will typically provide written notice of a Retailer’s first failure to abide by this Policy. Within 72 hours of receiving such notice, TPL expects that the violation will be cured and that there will be no further violations of the Policy for a period of not less than six months. By providing such notification, TPL does not seek or invite, and shall not accept, the Retailer’s agreement to raise resale prices, cure the violation, or otherwise abide by this Policy. If a violation is not cured within 72 hours, TPL will typically (1) cancel some or all pending orders for products on the MAP Product List, (2) terminate online selling privileges of Retailer, or (3) immediately terminate the relationship with the Retailer. TPL’s decision in this respect is unilateral.
7. What Else You Should Know About This Policy
- This Policy is not intended to prevent any Retailer from independently and unilaterally determining the price at which it advertises or resells TPL products. Each Retailer remains free to set prices independently and to determine whether to abide by or disregard this Policy.
- This Policy does not confer any direct or indirect rights on any Retailer, as a third-party beneficiary or otherwise, concerning the prices that any other Retailer may advertise or offer. Retailers are expressly prohibited under this Policy from discussing the resale prices of any other Retailer with other Retailers or with any TPL employee or representative. TPL does not undertake any obligation to enforce this Policy as against any other Retailer.
- TPL does not intend to, nor shall it, coerce any Retailer to comply with this Policy or to otherwise raise prices for any TPL product. If any Retailer believes that it is being subject to any such coercion, it must notify TPL’s Map Compliance Officer at email@example.com immediately. No TPL employee or representative is authorized or permitted to discuss any actual or alleged violation of this Policy. If any employee or representative engages in such discussion, the Retailer shall notify TPL’s Map Compliance Officer immediately. Failure to provide any written notification required by this paragraph within 30 days of such incident shall constitute a waiver of any claim the Retailer may have under state or federal law concerning such activity.
- All matters of interpretation and application of the terms of this Policy shall remain within the sole discretion of TPL. TPL reserves the right to modify this Policy at any time without notice.
Amazon and Other 3rd Party or Auction Sites
Selling on Amazon is prohibited by resellers without prior written authorization by Think Product Lab. Think Product Lab reserves the right to deny reseller requests to sell Think Product Lab products (e.g. Flint) on Amazon.com, Amazon storefronts and subsidiaries affiliated with the reseller’s business. If you are an authorized Amazon seller, you must disclose all URL addresses and/or subsidiaries affiliated with your business or any other online reseller you may be supplying on which Think Product Lab products are sold. E-Bay and Other Auction Web Sites are prohibited by resellers.
Think Product Lab reserves the right to not sell any reseller found to be in violation of this policy and/or the wholesale terms and conditions. Think Product Lab will act accordingly when deemed necessary and when legal.
The purpose of this Agreement is to help ensure the brand integrity of Think Product Lab products and to protect the reputation of the Flint name and Flint products. This Agreement is not intended to limit competition in the marketplace.