Minimum Advertised Price Policy
Miracle Pet is a leading provider of premium products uniquely tailored for pets and their owners. MiracleCorp has determined that advertising select Miracle Pet products at prices below certain levels established by Miracle Pet undermines Miracle Pet's trade reputation, image and marketing strategy. To ensure the value of the image of Miracle Pet to its customers, the following unilateral minimum advertised price policy ("MAP Policy") must be followed for the advertising of certain Miracle Pet products by distributors and other resellers.
- The products covered by this policy are listed in Schedule A ("MAP Products'). Miracle Pet may, in its sole discretion modify this list from time to time. MAP pricing is equal to the cost of the product plus any delivery charge that will be incurred.
- Miracle Pet recognizes that distributors and other resellers are free to make their own decisions to advertise and sell any Miracle Pet product at any price they choose, without consulting or advising
- The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale. Nothing in this MAP Policy is intended to affect the actual resale price or require any distributor or other reseller to actually sell Miracle Pet products at the MAP. Each distributor or other reseller may set its own resale prices in its own sole
- The MAP Policy applies to all advertisements of MAP Products that are viewable by consumers whether provided digitally, via the internet, through traditional media such as print, outdoor, radio or television or by other means. Website features such as "click for price", automatic "bounce back," pricing emails, 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 advertising under this MAP Policy.
- The MAP Policy does not apply to point of sale signs, hangtags, bar codes and other in-store markings on products. The MAP Policy does not apply to displaying a price during the checkout stage for on-line purchases. It shall not be a violation of a MAP Policy to advertise that a customer may "call for price" or "email for price" or use similar language, specifically with respect to Miracle Pet products, so long as no price is listed .
- Advertising that in any way suggests or implies a price lower than the MAP Policy will be considered a violation of this MAP Policy. For example, policy violations would include:
- Instant rewards.
- Buy one get one free or some reduced amount below the MAP.
- Gift with purchase.
- Internet advertising that expressly or by implication advertises a price that is less than the MAP (for instance, a visible strikeout of a price or text such as "price too low to show").
- Free shipping or sales tax rebates offered in combination with the product that is otherwise advertised in accordance with this MAP Policy will not be considered a violation of this MAP Policy. Loyalty programs offering a credit or discount to be applied to future purchases with a purchase of a Miracle Pet product will not be considered a violation of this MAP.
- From time to time, Miracle Pet may permit distributors or other resellers to advertise MAP Products at prices lower than the MAP retail price such as for temporary sales or other promotions. In such events, Miracle Pet reserves the right to modify or suspend the MAP retail price with respect to the effected products for a specified period of time by providing advance notice.
- From time to time, Miracle Pet may offer direct manufacturer ' s rebates to customers. In such event, it shall not be a violation of this MAP Policy to advertise availability of the manufacturer' s rebate, provided that the advertisement includes a MAP compliant price and "after manufacturer' s rebate" appears in the same area of the advertisement as the advertised product.
Administration & Enforcement
- Miracle Pet may provide updates to this MAP Policy and MAP Pricing from time to time at its sole discretion.
- The MAP Policy is solely Miracle Pet's unilateral corporate decision and responsibility . No employee or sales representative of Miracle Pet other than designated by Miracle Pet in writing has any authority to discuss or modify this MAP Policy. Any action of any person which purports to modify this MAP Policy or to solicit or to obtain agreement of any person to that MAP Policy is unauthorized and invalid. This MAP Policy is a unilateral statement of the terms upon which Miracle Pet will do business with its distributors and other resellers, and Miracle Pet will neither seek nor accept a distributor or reseller agreement to this MAP Policy.
- Any question about this MAP Policy should be in writing and directed to Miracle Pet Products at 2425 West Dorothy Lane, Dayton, OH 45439 No oral communications about this MAP Policy are authorized. This MAP Policy supersedes all previous Miracle Pet MAP Policies and shall remain in effect as of the date first stated above until amended, replaced or canceled.
- Miracle Pet may monitor the advertised prices of distributors or other resellers either directly or via the use of third-party agencies or If Miracle Pet determines that a distributor or other reseller is in violation of this MAP Policy, Miracle Pet reserves the right, in its sole discretion, to terminate (or not terminate) such distributor's or other reseller' s Miracle Pet accounts.
- Distributors and other resellers are expected to provide reasonable cooperation in any Miracle Pet investigation regarding possible MAP Policy Hindering, obstructing, delaying or otherwise failing to cooperate with a Miracle Pet MAP Policy investigation is a violation of this MAP Policy.
- MiracleCorp may enforce, or decline to enforce, this MAP Policy in its sole discretion and without notice. Distributors and other resellers have no right to enforce the MAP Violations of this Policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any other remedies available at law.