In order to preserve its reputation for providing customers with high value products and strong after-sales support, and to further enhance the Apotheke brand image and its competitiveness in the marketplace, Apotheke is unilaterally instituting a policy of minimum advertised price standards for Apotheke products. This Minimum Advertised Pricing Policy (“MAP Policy”) is in effect for resellers who resell Apotheke products to end users (each a “Reseller”), including, but not limited to those resellers via any website where the Apotheke brand is offered for sale at an advertised price.
Apotheke greatly values the efforts of all Resellers to distribute Apotheke products and support our customers. This MAP Policy is adopted for the benefit of all Resellers and Apotheke will uniformly enforce this MAP Policy. This MAP Policy will help ensure the legacy of Apotheke as a top producer of high quality products and will help to protect the reputation of the Apotheke name and trademarks and Apotheke’s products by incentivizing dealers and distributors to invest resources into satisfying Apotheke’s customers.
MSRPs and MAPs are as follows:
- Apotheke 11 oz Candle, all scents:
- Apotheke 2.5 oz Candle, all scents:
- Apotheke 32 oz Candle, all scents:
- Apotheke 6.7 fl oz Diffuser, all scents:
- Apotheke 5 oz Bar Soap, all scents:
- Apotheke 10 fl oz Liquid Soap, all scents:
- Apotheke 10 fl oz Lotion, all scents:
MAP Policy Guidelines:
- Apotheke will, from time to time, publish a Schedule of Manufacturer’s Suggested Retail Prices (“MSRP Schedule”) which may be amended or adjusted by Apotheke at any time in its sole discretion.
- The MSRP Schedule will identify the effective date, the products and the manufacturer suggested retail price (“MSRP”) for those products. Each advertisement of a product identified in the MSRP Schedule more than 3% below the MSRP will be a violation of this MAP Policy. Apotheke products not specifically identified in the MSRP Schedule are not subject to this MAP Policy.
- This MAP Policy applies to all advertisements of Apotheke products listed on the MSRP Schedule in any and all forms and media, including, but not limited to, websites and banner advertisements on the internet. This MAP Policy is not applicable to any in-store advertising that is displayed only in the physical retail store.
- For Apotheke products listed in foreign countries using a currency other than the USD, the MAP shall be the USD MAP converted to the appropriate foreign currency at a time reasonably contemporaneous with the time of advertisement. Resellers must update the foreign currency used to convert the USD MAP at least monthly.
- The inclusion in advertising of free or discounted products (whether made by Apotheke or another manufacturer) with a product covered by this MAP Policy would be contrary to this MAP Policy if it has the effect of discounting the advertised price of the covered Apotheke product more than 3% below the MSRP.
- If pricing is displayed, any strike-through or other alteration of the MSRP that is paired with a discount price more that 3% below the MSRP is prohibited.
- This MAP Policy applies only to advertised prices and does not apply to the price at which Apotheke products are actually sold or offered for sale to an individual consumer within Resellers’ retail location or over the telephone. Apotheke recognizes that Resellers remain free to sell these products at any prices they choose under these circumstances. It is not a violation of this MAP Policy to advertise in general that the Reseller has “the lowest” price or that the Reseller will match or beat competitor pricing, or phrases of similar import, so long as the Reseller does not include any advertised price below the MAP.
- Internet auctions may not display or have reserved bid or other acceptable prices more than 3% below the MSRP.
- Pricing listed on an internet site is considered an “advertised price” and must adhere to this MAP Policy. Once the pricing is associated with an intent to purchase (added to shopping cart or order), the price becomes the selling price and is not bound by this MAP Policy. Statements such as “add to basket to see price”, “we will match any price”, “email for price”, “call for price” or phrases of similar import are acceptable as long as the price advertised or listed for the products is not more than 3% below the MSRP. In addition, discounts applied at checkout to the entire order based on a customer’s purchasing history with the Reseller, such as discounts for “frequent shoppers”, do not violate this MAP Policy.
- “Advertised Price” shall mean the price at which the product itself is advertised, without including shipping costs. For example, a $6 advertised price plus $3.99 shipping is a $6 advertised price for purposes of this MAP Policy.
- Discount on Recurring Shipments – Advertising any product below MAP subject to recurring purchases, commonly known as “Autoship,” “Subscribe and Save” etc. are in violation of this policy if the discount is shown with or near any Apotheke branded product. Recurring shipment discounts are not in violation of this policy if they are advertised on a broad set of products, such as all brands in a given category, or all products on a website.
- This MAP Policy is solely within Apotheke’s discretion and authority acting through the duly authorized managers of Apotheke. No employee or sales representative of Apotheke has any authority to discuss, modify or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative or persons not specifically authorized by Apotheke’s MAP Policy administrator to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid. Any waiver of the MAP Policy by the MAP Policy administrator must be in writing and any written waiver terms must be strictly adhered to. Any non-adherence to waiver terms is a violation of the MAP Policy.
- All questions about this MAP Policy should be in writing via e-mail to email@example.com. No oral communications about this MAP Policy are authorized. The MAP Policy Administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to Resellers regarding the policy and receiving any communications regarding sanctions imposed under this MAP Policy. Any action taken by Apotheke under this MAP Policy shall be without liability to Apotheke.
- From time to time, Apotheke may choose to offer special promotions on certain products. In such an event, we reserve the right to modify or suspend this MAP Policy in whole or in part by notifying all Resellers of the duration and nature of the change. Apotheke further reserves the right to adjust the MSRP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers.
- Intentional failure to abide by this MAP Policy will result in sanctions unilaterally imposed by Apotheke. The level of sanctions will be determined by Apotheke in its sole discretion. Apotheke does not intend to do business with Resellers who degrade the image of Apotheke and its products via a low-price online strategy. Apotheke may choose to, but need not provide prior notice or issue warnings before taking any action under this MAP Policy.
- Violation of this MAP Policy will not be permitted, even if the violator can point to other MAP Policy violators in the market. Hindering or otherwise failing to cooperate with a Apotheke MAP Policy violation investigation is a violation of this MAP Policy.
- Distributors of Apotheke products will supply a copy of this MAP Policy to any new or existing Reseller, via a website or otherwise.
- The terms of this MAP Policy are confidential and should not be disclosed to other parties without express permission from the MAP Policy administrator.