Minimum Advertised Pricing Policy (MAPP) and Guidelines
Toy Vault (“Company” hereafter) has unilaterally adopted this Minimum Advertised Pricing Policy (MAPP). The MAPP will enhance the value of the Company brand and benefit of all those who purchase Company products to resell (“Reseller”).
- SCOPE. The MAPP applies on or after April 1, 2023 to all Advertising (defined below) of prices of those Company products identified by the Company as subject to the MAPP (“MAPP Products”). A list of MAPP Products is available below (“MAPP Products List”). The Company may add items to or delete items from the MAPP Products List from time to time.
- NO RESTRICTION ON PRICING. The MAPP applies only to the Advertising of prices of MAPP Products. It does not prohibit Resellers from selling MAPP Products or other Company products at any price they may choose.
- MAPP. A Reseller may not Advertise any MAPP Product at a price (“Advertised Price”) that is less than 80% of the suggested retail price shown for that MAPP Product on the MAPP Products List then in effect (“Minimum Advertised Price”). All discounts, coupons, frequent buyer points and rewards, allowances and other incentives to buy that translate into an immediate price reduction (whether any of the foregoing are provide in connection with or as a special event, promotion, term of doing business or otherwise) are taken into account to determine the Advertised Price. A Reseller will also violate the MAPP if it sells MAPP Products to sellers whose Advertised Prices for the product is less than the Minimum Advertised Price.
- DEFINITION - “ADVERTISE.”As used herein, the term “Advertise” means to announce, display, disseminate, broadcast or otherwise communicate to the public at large, by any means whatsoever, for the purpose of making a general offer to sell or making a general solicitation of offers to buy. Without limiting the generality of the foregoing, the term includes communicating(i) in magazines, newspapers, catalogs, flyers, posters, coupons, mailers, inserts, public signage and other publications or printed materials;(ii) on radio, television or other broadcast media; and(iii) by means of email, text message, social media, the internet and other forms of electronic communications. It further includes without limitation communications in response to web browser searches; communications on a Reseller’s home page, webpages within its site or domain and, if it is conducting e-commerce through a third-party site or domain, content on the third-party site or domain; communications on destination pages, shopping sites and auction sites, banner advertisements, forums, email newsletters; and website features, such as an automatic price display for any items prior to being placed in a customer's shopping bag, Click-for-Price, automated bounce-back pricing emails, pre-formatted email responses, and other similar features initiated by the Reseller rather than by the customer.
- EXCEPTIONS. It shall not be a violation of the MAPP(i) to advertise that MAPP Products are offered at "the lowest prices" or that competitors' prices will be matched or beaten, or to use similar phrases, or(ii) to quote a price to a customer who responds to a “Call for Price,” “E-mail a price,” or “See checkout for price” feature on a website, or the prices shown on in-store displays or on products in the store.
- REMEDIES. The Company reserves the right to take such actions as it deems appropriate and reasonable to assure compliance with the MAPP. A violation of the MAPP may result, among other things, in termination of the right of a Reseller to purchase any Company products, suspension of payment terms, acceleration of payment obligations, elimination of discounts, and/or exclusion from all special programs.
- CONSTRUCTION. The MAPP will be construed to give maximum effect to its purpose of restricting the right to Advertise MAPP Products at a price that is less than the Minimum Advertised Price. The Company has the right, in its sole discretion, to interpret the MAPP and determine how it applies in any particular instance or situation.
- NO NEGOTIATION. The Company neither seeks nor accepts input concerning the MAPP and will not negotiate its terms with any person. Nothing in the MAPP creates a contractual obligation between the Company and any person.
- POLICY UPDATES. The Company reserves the right, in its sole discretion, to amend, suspend, or modify the terms of the MAPP at any time. The most current version of the MAPP is available at any time by contacting email@example.com
- INQUIRIES. Please direct questions regarding this policy to firstname.lastname@example.org.