AETREX WORLDWIDE, INC. MINIMUM ADVERTISED PRICE (MAP) POLICY
Aetrex Worldwide, Inc. (“Aetrex”) has built a strong reputation and following among consumers and has established a quality distribution network that actively promotes, educates and advertises our products to consumers. In order to retain our image, Aetrex has determined that it shall not support advertising or promotional materials, through cooperative advertising or otherwise, that may affect its goodwill, or diminish, detract and/or damage the value of Aetrex products and standards. Therefore, Aetrex has established a minimum advertised price ("MAP") policy for its products. The policy applies to U.S. distributors, dealers, and retailers only.
THE MAP POLICY SHALL BE APPLIED AS FOLLOWS:
- The MAP for all Aetrex products shall be the Manufacturer’s Suggested Retail Price (“MSRP”) per Aetrex’s most recent product/price sheets.
- The MAP policy applies to all advertisements of Aetrex products in any and all media, including, without limitation, flyers, posters, coupons, direct mailers, brochures, inserts, newspapers, magazines, catalogs, mail-order catalogs, public signage, other print media, television, radio, e-mail, internet websites, e-commerce, and any other electronic media. The MAP policy is not applicable to any in-store advertising, or direct promotions to pre-existing customers. Free shipping and/or handling or free financing promotions do not violate the MAP policy.
- The inclusion in advertising of free or discounted products, rebates, or bundled promotions, with a product covered by the MAP policy, would violate the policy if it has the effect of discounting the advertised price of the covered product below the MAP.
- MAP applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the dealer, distributor, or retailer’s retail location or over the telephone. Aetrex dealers, distributors, and retailers remain free to sell these products at any prices they elect.
- A “click for price” button on a website that displays a price lower than MAP is a violation of this policy. The MAP policy, however, does not apply once an item is placed in a customer’s “virtual shopping cart” on an internet website as once the pricing is associated with the end customer’s intent to purchase; the price is deemed the “selling price” and will fall outside the MAP policy.
- Advertisements indicating that "they have the lowest prices", they "will meet or beat any competitors price", that prices are “too low to show”, that consumers should "call for a price", or phrases of similar import are permitted so long as the price advertised or listed for the products is not less than MAP. Prices may be omitted from advertisements, or may appear as “strike-through” or “mark-out” prices provided that such price in the advertisement is at or above the MAP. MAP does not establish maximum advertised prices and dealers, distributors, and retailers may advertise Aetrex products at any price in excess of the MAP established for such product.
- Aetrex reserves the right to modify, amend, or suspend MAP pricing, and the products to which it applies, at any time, in its sole discretion. Such changes shall apply equally to all Aetrex dealers, distributors, and retailers. MAP PRICES, MAP PRODUCTS INCLUDED IN THE MAP POLICY, AND SUBSEQUENT UPDATE NOTICES WILL BE POSTED BY AETREX ON ITS WEBSITE. DISTRIBUTORS, DEALERS AND RETAILERS MUST REVIEW SAME PERIODICALLY FOR THE LATEST MAP PRICING AND PRODUCT INFORMATION.
- MAP BLACKOUT PERIODS: MAP will not be in effect during the following times during which retailers may advertise the following Aetrex products (EXCEPT LYNCO ORTHOTICS) at any reasonable price:
a. December 15th through February 15th -- To allow for end of season sales on fall and winter products; and
b. July 1st through August 31st -- To allow for end of season sales on spring & summer products.
- MAP PRODUCT EXCEPTIONS/EXCLUSIONS:
a. AT ALL TIMES, INCLUDING HOLIDAYS, LYNCO ORTHOTICS MUST BE ADVERTISED NO LESS THAN MSRP;
b. Discontinued, closeouts, special make-ups not listed in the Aetrex catalog are excluded from MAP; and
c. Mod Pods and Aetrex athletics are excluded from MAP.
- HOLIDAY EXCEPTIONS: Additionally, on the following recognized holidays only, retailers may advertise all Aetrex products – (EXCEPT LYNCO ORTHOTICS) at any reasonable price, provided such advertised reduced pricing begins no earlier than five (5) calendar days before the holiday in issue and ends no later than 12am on the holiday in issue. Recognized Holidays: (i). President’s Day, (ii). Mother’s Day, (iii). Memorial Day, (iv). Father’s Day, (v). 4th of July, (vi). Labor Day, (vii). Columbus Day, (viii) Veteran’s Day (ix), Black Friday, and (x). Cyber Monday.
- A first infraction for failure to follow this MAP policy will result in a warning and a fourteen (14) day opportunity to correct advertised pricing. Thereafter, if dealer, distributor, or retailer fails to do so, or if a second infraction occurs, Aetrex may unilaterally and without further warning, discontinue selling products to and terminate its business relationship with such dealer, distributors, or retailer.
- This MAP policy is not a contract or agreement, and Aetrex does not seek nor will it solicit or accept any dealer, distributor, or retailer’s agreement with our policy; nor will Aetrex discuss your pricing or the pricing of others. This MAP policy is a unilateral policy upon which Aetrex is willing to market its products, and sales personnel have no authority to modify or grant exceptions.
- This MAP policy has been established by Aetrex to help ensure Aetrex’s quality footwear and foot care products and to protect the reputation of its name, goodwill, standards, and marks. The MAP policy is also designed to protect the interests of our dealers, distributors, and retailers and to ensure same have the incentive to invest resources into services for Aetrex customers.
Updated: January 2016