Minimum Advertised Price (MAP) Policy
TushBaby established this Minimum Advertised Price Policy (“MAP Policy”) with the intent of promoting superior customer service consistent with TushBaby’s brand image, which TushBaby consumers expect from all TushBaby dealers, and to ensure customer satisfaction and goodwill.
1. TushBaby has set, and will from time to time update, its list (“MAP List”) of products (“MAP Products”) that are subject to this MAP Policy. The MAP List will be sent to TushBaby retailers by electronic mail or other means as determined by TushBaby (and may accompany line sheets and catalogs). TushBaby reserves the right to update or modify the MAP List at any time, and TushBaby retailers are required to regularly check for TushBaby’s current MAP List. Current MAP price is $79 USD however it is subject to change.
2. TushBaby retailers may advertise MAP Products at or above the prices shown for MAP Products on the MAP List. TushBaby products not listed on the MAP List at the time an advertisement appears are not subject to this MAP Policy.
3. Advertising any MAP Product below the MAP List price will violate this MAP Policy.
4. This MAP Policy applies to the advertisement of MAP Products in any media, including, without limitation, website features such as automated “bounce back” pricing e-mails, price display for items prior to being placed in a customer’s shopping cart, and all similar features that are initiated by the retailer rather than by the customer. Advertising includes any information that a user can detect using a third-party search engine.
5. Advertising “click for price,” “display on gesture,” “view in cart,” “view before order confirmation,” “call for price,” “email for price,” or similar website features whereby consumers can initiate a request to individually receive or view the retailer’s price for MAP Products, is a violation of this policy.
6. It shall not be a violation of this MAP Policy to advertise in general that the retailer has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases, so long as the retailer does not include any advertised price below the MAP List price and otherwise complies with this MAP Policy.
7. From time to time TushBaby may modify or suspend the MAP List price with respect to for a selection of MAP Products for a specified period of time in TushBaby’s sole discretion. TushBaby may provide notice of such suspension (including via the Retailer Portal). Retailers may advertise MAP Products consistent with the modification or suspension.
8. Where MAP Products are bundled or sold as part of a package, it shall be a violation of this MAP Policy to advertise the bundle (or package) at a price that: (a) is lower than the combined MAP Price of the MAP Products; or (b) includes, without prior written approval from TushBaby, a non-MAP TushBaby product.
9. TushBaby retailers shall not advertise TushBaby products (whether or not they are MAP Products) as a bundle with or as part of a package that includes products not manufactured by TushBaby unless approved in writing in advance by TushBaby.
10. If a TushBaby retailer chooses to advertise, without prior written approval from TushBaby: (i) any storewide sales, friends and family events, promotions, or (ii) additional discounts, coupons, gift cards, or incentives, the advertising must expressly and prominently exclude all TushBaby MAP Products.
11. The determination of whether a particular advertisement or practice violates this MAP Policy shall be solely made by TushBaby.
12. TushBaby will determine, in its sole discretion, the appropriate consequence for any noncompliance with this policy. By way of illustration and not limitation, the consequences may include:
- First Incident: TushBaby will decline all orders from, and stop shipment on all pending orders to, theTushBaby retailer and will remove the retailer from its store locator function for a period of three (3)months.
- Second Incident: TushBaby will decline or cancel all orders from, and stop shipment on all pending ordersto, the TushBaby retailer and will remove the retailer from its store locator function for a period of six(6) months, and/or (b) take such other action as TushBaby, in its sole discretion, deems appropriate.
- Third Incident: TushBaby will decline or cancel all orders from the TushBaby retailer, will remove theretailer from its store locator function, and will terminate the Retailer Agreement with the retailer.