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Minimum Advertised Price (“MAP”) Policy
Drag Off LLC manufactures Drag Off right here in the USA. Our people are as wonderfully unique as our product, and much of our organization’s success comes directly from our representatives, distributors, accounts, and stores. Our trusted partners invest significant time and resources to create extraordinary brand experiences and exceptional customer service, and we do all that we can to protect and value those relationships.
As a result, Drag Off has unilaterally adopted this Minimum Advertised Price (“MAP”) Policy, effective June 1, 2018 to continue this mutually beneficial partnership. Retailers must agree to the following conditions of the MAP Policy in order to avoid the consequences of non-compliance.
- Retailers, both brick and mortar retailers and e-commerce only retailers (collectively “retailers”), must be authorized first by Drag Off to sell its products. Authorization to sell must be approved in writing by a duly authorized representative of Drag Off. All requests for approval to sell shall be sent to firstname.lastname@example.org through completion of our New Account Application. Drag Off LLC shall unilaterally determine which retailers shall be permitted to sell Drag Off products online. Drag Off LLC shall respond within five (5) business days to any request by a retailer to sell products. Drag Off LLC reserves the right to withdraw approval to sell to any retailer with or without cause by providing the retailer with thirty (30) days written notice of such withdrawal. Such notice shall be signed by a duly authorized representative of Drag Off and sent via USPS certified mail, return receipt requested, directing the retailer to remove Drag Off’s products within a specified period of time. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO SOLICIT, ACCEPT OR REQUIRE RETAILER TO APPROVE THIS POLICY – THE AUTHORIZATION PROCESS IS SIMPLY DRAG OFF’S UNILATERAL PROCESS FOR OBTAINING INFORMATION ABOUT RETAILERS, AND THE APPLICATION OF THIS POLICY IS UNIVERSAL TO ALL RETAILERS AND NOT SUBJECT TO NEGOTIATION OR MODIFICATION. THIS POLICY IS NOT AN AGREEMENT OR A CONTRACT.
- Product advertised less than 5 cents below the manufacturer’s suggested retail price (“MSRP”) will be a violation of this MAP policy (“MAP Price”). This policy applies to all Retailers, not just online sellers. All Retailers are responsible for staying current with the MAP, understanding what products are affected by the MAP, and for reviewing the MSRP pricing page on Drag Off’s website located at: https://drag-off.com in order to determine current MSRP.
- Listing a price lower than permitted under this MAP policy next to a product that is protected by this MAP policy in any advertising will be viewed as a violation of this MAP policy. This MAP policy applies to all advertisement of MAP products in any and all media, including without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, internet or similar electronic media including websites, Internet auctions, auction websites, flash sale websites, forums, email newsletters, email solicitations, television, radio, and public signage. Website features, such as pre-formatted email responses, forms, automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features, are considered to be communications initiated by the retailer (rather than by the customer) and this constitutes “advertising” under this MAP policy (notwithstanding the above, this provision shall be construed in a manner consistent with applicable law defining the term “advertising”). This MAP policy also applies to any activity that Drag Off determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP policy. The advertising prohibitions in this MAP policy specifically do not include brick and mortar in-store displays, nor the product’s in-store price tag. A non-exhaustive list of examples of instances to which this MAP policy applies are as follows: (1) instant rewards promotions (including discounts for both specific amounts or percentages); (2) buy one get one free promotions; (3) “click for price” promotions when the cited price is lower than MAP and available before the item is in the customer’s virtual shopping cart, and (4) any suggestion that a lower price may be found at the online checkout (“add to cart to see a lower price”).
- Where Drag Off’s products are bundled with or sold as part of a package that includes other products (whether or not manufactured by Drag Off), it shall be a violation of this MAP policy to advertise the bundle (or package) at a price that: (a) is lower than the total Minimum Advertised Price of the Drag Off product(s) or (b) violates the letter or spirit of the MAP policy. It shall be a violation of this MAP policy if products are bundled with or sold as part of a package that includes products not pre-approved in writing by an authorized representative of Drag Off.
- Drag Off reserves the right, at its discretion, to monitor advertised prices of approved and unapproved retailers selling MAP products online for compliance with this MAP Policy.
- Drag Off reserves the right to cancel any pending orders, restrict future orders, or suspend a customer’s account if Drag Off reasonably believes the retailer has violated the provisions of this policy. Furthermore, failure to comply with this policy will result in all outstanding payment invoices becoming due immediately. Drag Off reserves the right to seek any and all additional remedies under the law for a violation of this policy, including without limitation equitable relief.
- No employee or sales representative of Drag Off has any authority to modify this Policy. Any questions about this Policy should be in writing and directed to Drag Off’s MAP Administrator, Sheri Olesen, at email@example.com.
- This MAP policy does not, in any way, limit the ability of any retailer to advertise that “they have the lowest prices” or that they “will meet or beat any competitor’s price,” that consumers should “call for a price” or phrases of similar meaning as long as the price advertised or listed for the products is not less than MAP Price. The MAP policy does not apply once a product is placed in a customer’s “virtual shopping cart” on an Internet website, nor does it apply to free shipping, handling or financing promotions.
- The MAP policy will be enforced by Drag Off in its sole discretion. This Policy may be updated, revised, or modified at any time without prior advance notice to any retailer.
MSRP is as follows:
- All 3.25 oz The Betty: $36 each
- All 3.25 oz The T: $36 each
- All 3.25 oz Basic B.I.T.C.H :$36 each
- All Drag Off face cloths: $10 each