In order to preserve its reputation for providing customers with high value products and strong after-sales support, and to further enhance the Lumabone brand image and its competitiveness in the marketplace, Lumabone is unilaterally instituting a policy of minimum advertised price standards for Lumabone products. This Minimum Advertised Pricing Policy (“MAP Policy”) is effective as of April 1, 2017 and to resellers who resell Lumabone products to end users (each a “Reseller”), including, but not limited to those resellers via any website where the Lumabone brand is offered for sale at an advertised price.
Lumabone greatly values the efforts of all Resellers to distribute Lumabone products and support our customers. This MAP Policy is adopted for the benefit of all Resellers and Lumabone will uniformly enforce this MAP Policy. This MAP Policy will help ensure the legacy of Lumabone as a top producer of high quality products and will help to protect the reputation of the Lumabone name and trademarks and Lumabone’s products by incentivizing dealers and distributors to invest resources into satisfying Lumabone’s customers.
MAP Policy Guidelines:
- Lumabone will, from time to time, publish a Schedule of Manufacturer’s Suggested Retail Prices (“MSRP Schedule”) on its internet website, which may be amended or adjusted by Lumabone at any time in its sole discretion.
MSRPs as of April 1, 2017 are as follows:
- Lumabone Wishbone Chew Toy – Small: $8.95
- Lumabone Wishbone Chew Toy – Medium: $10.95
- Lumabone Wishbone Chew Toy – Large: $15.95
- Lumabone Dental Chew – Small: $8.95
- Lumabone Dental Chew – Medium: $10.95
- The MSRP Schedule will identify the effective date, the products and the manufacturer suggested retail price (“MSRP”) for those products. Each advertisement of a product identified in the MSRP Schedule more than 3% below the MSRP will be a violation of this MAP Policy. Lumabone products not specifically identified in the MSRP Schedule are not subject to this MAP Policy.
The MAPs as of April 1, 2017 are as follows:
- Lumabone Wishbone Chew Toy – Small: $7.97
- Lumabone Wishbone Chew Toy – Medium: $9.97
- Lumabone Wishbone Chew Toy – Large: $14.97
- Lumabone Dental Chew – Small: $7.97
- Lumabone Dental Chew – Medium: $9.97
- This MAP Policy applies to all advertisements of Lumabone products listed on the MSRP Schedule in any and all forms and media, including, but not limited to, websites and banner advertisements on the internet. This MAP Policy is not applicable to any in-store advertising that is displayed only in the physical retail store.
- For Lumabone products listed in foreign countries using a currency other than the USD, the MAP shall be the USD MAP converted to the appropriate foreign currency at a time reasonably contemporaneous with the time of advertisement. Resellers must update the foreign currency used to convert the USD MAP at least monthly.
- The inclusion in advertising of free or discounted products (whether made by Lumabone or another manufacturer) with a product covered by this MAP Policy would be contrary to this MAP Policy if it has the effect of discounting the advertised price of the covered Lumabone product more than 3% below the MSRP.
- If pricing is displayed, any strike-through or other alteration of the MSRP that is paired with a discount price more that 3% below the MSRP is prohibited.
- This MAP Policy applies only to advertised prices and does not apply to the price at which Lumabone products are actually sold or offered for sale to an individual consumer within Resellers’ retail location or over the telephone. Lumabone recognizes that Resellers remain free to sell these products at any prices they choose under these circumstances. It is not a violation of this MAP Policy to advertise in general that the Reseller has “the lowest” price or that the Reseller will match or beat competitor pricing, or phrases of similar import, so long as the Reseller does not include any advertised price below the MAP.
- Internet auctions may not display or have reserved bid or other acceptable prices more than 3% below the MSRP.
- Pricing listed on an internet site is considered an “advertised price” and must adhere to this MAP Policy. Once the pricing is associated with an intent to purchase (added to shopping cart or order), the price becomes the selling price and is not bound by this MAP Policy. Statements such as “add to basket to see price”, “we will match any price”, “email for price”, “call for price” or phrases of similar import are acceptable as long as the price advertised or listed for the products is not more than 3% below the MSRP. In addition, discounts applied at checkout to the entire order based on a customer’s purchasing history with the Reseller, such as discounts for “frequent shoppers”, do not violate this MAP Policy.
- “Advertised Price” shall mean the price at which the product itself is advertised, without including shipping costs. For example, a $6 advertised price plus $3.99 shipping is a $6 advertised price for purposes of this MAP Policy.
- This MAP Policy is solely within Lumabone’s discretion and authority acting through the duly authorized managers of Lumabone. No employee or sales representative of Lumabone has any authority to discuss, modify or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative or persons not specifically authorized by Lumabone’s MAP Policy administrator to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid. Any waiver of the MAP Policy by the MAP Policy administrator must be in writing and any written waiver terms must be strictly adhered to. Any non-adherence to waiver terms is a violation of the MAP Policy.
- All questions about this MAP Policy should be in writing via e-mail to email@example.com. No oral communications about this MAP Policy are authorized. The MAP Policy Administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to Resellers regarding the policy and receiving any communications regarding sanctions imposed under this MAP Policy. Any action taken by Lumabone under this MAP Policy shall be without liability to Lumabone.
- From time to time, Lumabone may choose to offer special promotions on certain products. In such an event, we reserve the right to modify or suspend this MAP Policy in whole or in part by notifying all Resellers of the duration and nature of the change. Lumabone further reserves the right to adjust the MSRP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers.
- Intentional failure to abide by this MAP Policy will result in sanctions unilaterally imposed by Lumabone. The level of sanctions will be determined by Lumabone in its sole discretion. Lumabone does not intend to do business with Resellers who degrade the image of Lumabone and its products via a low-price online strategy. Lumabone may choose to, but need not provide prior notice or issue warnings before taking any action under this MAP Policy.
- Violation of this MAP Policy will not be permitted, even if the violator can point to other MAP Policy violators in the market. Hindering or otherwise failing to cooperate with a Lumabone MAP Policy violation investigation is a violation of this MAP Policy.
- Distributors of Lumabone products will supply a copy of this MAP Policy to any new or existing Reseller, via a website or otherwise.
- The terms of this MAP Policy are confidential and should not be disclosed to other parties without express permission from the MAP Policy administrator.
Last updated: 4/9/18