Mixed Pears

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USA Domestic Minimum Advertised Price Policy (MAP)

Introduction

Mixed Pears designs, develops, and manufactures innovative products that represent a unique global perspective in the juvenile products industry. Mixed Pears is proud to go above and beyond to create durable, creative, and inspiring products for children. Ongoing development of new products represents our commitment to bringing additional leading products to market.

Mixed Pears recognizes that its retail, dealer, and distributor partners invest time and resources to deliver an extraordinary experience for Mixed Pears consumers by not only providing knowledgeable staff, but also implementing compelling point of sale presentations. Unique products require a considered presentation and represent an investment by all involved in the brand.

In an effort, to (a) support Mixed Pears’s reseller’s efforts and protect their investment, (b) protect Mixed Pears’s brand and product reputation, and (c) discourage advertising and sales practices that promote Mixed Pears products on the basis of price, Mixed Pears is establishing this USA Domestic Minimum Advertised Price Policy which allows resellers to maintain the high level of satisfaction, customer service and support that consumers have come to expect from Mixed Pears products, retailers, dealers, and distributors.

As our valued retail partner, we expect you to adhere to this policy. If this policy is violated, we reserve the right to cease shipping. Mixed Pears is confident that this program will strengthen its competitiveness in the market, and ultimately ensure better business with its key resale partners.

Official Policy and Guidelines

  1. Mixed Pears will assign a minimum advertised price (“MAP”) for all Mixed Pears products covered by this USA Domestic MAP Policy (“MAP Products”). Advertising of a MAP Product by resellers at a price below MAP is a violation of this MAP Policy.
  2. From time to time, Mixed Pears may permit resellers to advertise one or more MAP Products at a price below MAP. In such circumstances, Mixed Pears reserves the right to modify or suspend the MAP on product(s) with respect to the affected product(s) for specified period of time by providing advance notice to all resellers of such changes.
  3. For the purposes of this MAP Policy, the term “advertising” refers to any and all social and public media including, without limitations, flyers, posters, coupons, mailers, inserts, newspapers, email newsletters, email solicitations, television, radio, mail order catalogs, and public signage.
  4. In addition to this limitation on advertised pricing, this MAP Policy also applies to any activity which Mixed Pears determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases’, bundling, and other similar activities.
  5. The minimum advertised price (“MAP”) for each Covered Product shall be the price designated as the MAP on the current Mixed Pears price list as issued by Mixed Pears from time to time, or, if no MAP is listed for any Covered Product, the MAP will be the Manufacturer’s Suggested Retail Price (“MSRP”) for that Covered Product minus 5% of that MSRP. Current price lists may be obtained by contacting an Mixed Pears sales representative. The MAP for one or more products may be amended from time to time and may be suspended periodically for national, regional and/or seasonal promotions sponsored by Mixed Pears. Changes to the MAPs will be posted on the Mixed Pears website designated by Mixed Pears and will supersede the MAPs on the price lists. It is the responsibility of distributors of Mixed Pears Covered Products to monitor the designated website for updates.
  6. For the purposes of this MAP Policy, website features such as “click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, automatic price displays or any MAP item being placed in a customer’s shopping cart where check-out price is below MAP, and other similar features are violations of this MAP Policy. There are no exceptions.
  7. Bundling or selling one or more MAP Products with or as a part of a package that includes products not pre-approved by Mixed Pears is a violation of this MAP Policy. In addition, if MAP Products are bundled with or sold as part of a package that includes other Mixed Pears products or pre-approved products not manufactured by Mixed Pears, selling or advertising the bundle or package at a price that (a) is lower than the intent of this MAP Policy, is also a violation of this MAP Policy. Upon request, Mixed Pears will provide a list of products not manufactured by Mixed Pears which Mixed Pears has approved for sale by resellers with MAP Products as a part of a bundle or package.
  8. Other than in connection with a manufacturer’s rebate from Mixed Pears on Mixed Pears products, it is also a violation of this MAP Policy to include 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, forums, email newsletters, email solicitations, television, radio, and public signage; that shoes any additional discount or other incentive (whether in the form of a special event, promotion, term of doing business or otherwise) that translate into an immediate price reduction, where the cumulative effect would be to reduce the advertised price of any MAP Product below MAP is a violation of this policy.
  9. An advertisement by reseller of MAP Products that has “the lowest prices” or will match or beat its competitors’ prices, or the use by such reseller of similar phrases is NOT a violation of this MAP Policy so long as reseller does not include an advertised price below MAP on item. In addition, it is not a violation of this MAP Policy to advertise that a customer may “call for price” or “email for price”, or to use similar language, so long as no price is offered lower than MAP on item.
  10. From time to time, Mixed Pears may offer a direct manufacturer’s rebate to end customers of MAP Products. Under such circumstances, a reseller’s advertisement of the availability of the direct manufacturer’s rebate is not a violation of this MAP Policy, provided that (a) the advertisement includes a price which is compliant with this MAP Policy, (b) the amount of the direct manufacturer’s rebate and the net price after manufacturer’s rebate are all in the same type size and style, (c) and an asterisk is placed next to the net price after the direct manufacturer’s rebate, and (d) the words “After manufacturer’s rebate” appears on the same area of the advertisement as the advertised product.
  11. Nothing in this MAP Policy is intended or should be interpreted to limit or restrict the right of authorized resellers of Mixed Pears products to make its own decisions to advertise and sell any Mixed Pears products at any price it chooses without consulting or advising Mixed Pears. Mixed Pears similarly has the right to make its own independent decisions at any time regarding product allocations and reseller participation as a member of the Mixed Pears Authorized Reseller Program.
  12. Mixed Pears sales personnel have no authority to modify or grant exceptions to this MAP Policy or to have any communications with any reseller regarding violations of this MAP Policy or any consumer program or promotion that affects any MAP Products. The responsibility for compliance with this MAP Policy is the reseller’s alone and any representation by any Mixed Pears personnel that any proposed advertisement by a reseller complies with this MAP Policy is specifically disclaimed.
  13. Mixed Pears reserves the right to cancel this policy at any time.

Violations

In the event that Mixed Pears notifies any reseller of a violation of this MAP Policy, Mixed Pears will allow the reseller twenty-four (24) hours to correct the violation. Mixed Pears will employ any or all of the below violation measures:

  1. Cease and Desist (24 hour notice): In the event that Mixed Pears notifies any reseller of a violation of this MAP Policy, Mixed Pears will allow the reseller twenty-four (24) hours to correct the violation.
  2. Violation Notice #1: Upon any reseller’s failure to correct a first violation of this MAP Policy, Mixed Pears will not supply that reseller (or any distributor who sells to a dealer whose advertising of the MAP Product violates this MAP Policy) with any MAP Product involved in the violation for a period of thirty (30) days.
  3. Violation #2: For a second violation, Mixed Pears will not supply the MAP Product(s) for a period of ninety (90) days.
  4. Violation #3: For a third violation, Mixed Pears will not supply the MAP Product(s) for a period of one-hundred and eighty (180) days.
  5. Final Notice: For any subsequent violation, Mixed Pears will not supply the MAP Product(s) for a period of one (1) year.

Mixed Pears also reserves the right to cancel all orders for which payment has not yet been received, and to refuse to accept any new orders, as a result of any violation of this MAP Policy, as determined by Mixed Pears in its sole discretion.

Mixed Pears reserves the right, in its unilateral discretion, to take any other action with respect to any violation of this MAP Policy.

Contact Information

All questions or comments regarding this USA Domestic MAP Policy are to be directed to the policy administrator at "mapadmin at mixedpears.com".

The policy administrator shall be solely responsible for determining whether a violation of the policy has occurred and communicating decisions to resellers regarding the policy breach and receiving any communication regarding sanctions imposed under this policy.

To report a violation of this MAP Policy, send all relevant information, including the MAP Product, the date of the violation and a sample of the violation to "mapadmin at mixedpears.com".

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