MINIMUM ADVERTISED PRICING POLICY - PUGG COMPANY, INC.
As the innovator and leader in portable, collapsible soccer goals, PUGG COMPANY, INC. (PUGG) is proud of its role in pioneering this important part of the game and industry. Our innovative design helped revolutionize training and play options for coaches and players over the last 20 years.
We recognize that our high-quality dealers invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and compelling vendor presentation. To support our resellers’ efforts, PUGG wishes to establish policies that allow resellers to earn the profits necessary to maintain the high level of customer excellence people have come to expect from PUGG dealers.
To protect the investment of our high-quality dealers and PUGG’s brand reputation, we have unilaterally adopted a MINIMUM ADVERTISED PRICE POLICY (“MAP Policy”). PUGG established this MAP Policy due to the fact that reseller advertising and sales practices that promote PUGG products primarily on the basis of price could be detrimental to resellers’ service and support efforts and PUGG’s competitive position. Such activities can be harmful to PUGG’s brand, reputation and competitiveness, and allow some resellers to take advantage of the service and support efforts of others. PUGG believes that these practices are unfair and thus discourages such efforts.
If a reseller intentionally advertises any PUGG Product below its MAP price, Pugg Company will not ship to that reseller. We are confident that this program will strengthen our competitiveness and benefit all PUGG resellers.
Official Policy and Guidelines
1. PUGG reserves the right, in its unilateral discretion, to take other action with respect to any reseller that violates this MAP Policy.
2. The MAP Policy will be enforced by PUGG in its sole discretion.
3. PUGG recognizes that any authorized PUGG account can make its own decisions to advertise and sell any PUGG product at any price it chooses without consulting or advising PUGG. PUGG similarly has the right to make its own independent decision regarding product allocations and reseller participation as a member of the PUGG Authorized Reseller Program – at any time.
4. PUGG will maintain an updated “MAP Products” list of those products that will fall under this MAP Policy. PUGG reserves the right to update or modify this list at any time.
5. All Products listed will have MSRP and MAP retail prices. Listing a price lower than the MAP retail price next to the featured MAP Product 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, forums, email newsletters, email solicitations, television, radio, and public signage. Such website features as “Click for price”, automated “bounce – back” pricing e-mails, pre-formatted e-mail 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 reseller (rather than by the customer) and this constitutes “advertising” under this MAP Policy. This MAP Policy also applies to any activity which PUGG determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases’ and the like.
6. It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.
7. From time to time, PUGG may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, PUGG reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
8. It shall not be a violation of this MAP Policy to advertise that a customer may ”call for price” or “email for price”, or to use similar language, specifically with respect to PUGG Products, so long as no price is listed.
9. If a reseller with multiple store locations violates this MAP Policy at any particular store location, then PUGG will consider this to be a violation by all of the reseller’s locations.
10. Although resellers remain free to establish their own resale prices, PUGG reserves the right to cancel all orders and indefinitely refuse to accept any new orders from any resellers following PUGG’s verification that such reseller has advertised any MAP Products at a net retail sales price less that the then-current MAP retail price established by PUGG, or if reseller has violated this policy in any other way.
11. PUGG’s sales representatives are NOT permitted to discuss this Policy or make any agreements or assurances with respect to PUGG’s Policy regarding reseller advertising or pricing. This also includes any consumer program or promotion that affects the below-listed MAP Products.