Finger Puppets Inc. Minimum Advertised Price Policy

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Finger Puppets Inc. & ThumbThings™ Handmade Finger Puppets®

 

MINIMUM ADVERTISED PRICE POLICY

 

Introduction:

At Finger Puppets Inc., we recognize that our success is tied to the success of our network of select authorized dealers. We also know that many of our dealers invest significant time and resources to deliver an extraordinary customer service experience. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our dealer’s service and support efforts. As a result, Finger Puppets Inc. has adopted this Minimum Advertised Price (“MAP”) Policy.

Policy Statement:

Finger Puppets Inc., in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises and product(s) covered by this MAP policy at a price lower than the MAP.

General Guidelines:

 Finger Puppets Inc., in its sole discretion, reserves the right to discontinue doing business with any reseller of the products covered by this policy and may at its sole discretion modify this list from time to time.

Finger Puppets Inc. recognizes that dealers are free to make their own decisions to advertise and sell any ThumbThings product at any price they choose, without consulting or advising Finger Puppets Inc. Similarly, Finger Puppets Inc. will exercise its right to make its own decisions regarding the ThumbThings Authorized Reseller Program (“TARP”), supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.

The MAP Policy applies to advertised prices, not the price at which MAP products are actually sold or offered for sale to an individual in-store or over the telephone.

Finger Puppets Inc. believes in maintaining a well-regulated and fair marketplace for all its authorized resellers.

Advertising Guidelines:

The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as Internet sites, social media sites, apps or any other electronic media.

The MAP Policy does not apply solely on-premise or in-store advertising that is not distributed to customers.

Website features such as “click for price”, automated “bounce-back” pricing e-mails, pre-formatted e0mail responses, forms and automatic price display for any items prior to being places in a customer’s shopping cart, and other similar features are considered to be communications initiated by the dealer (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.

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 Finger Puppets Inc.’s products and brands, so long as no price is listed.

This MAP Policy also applies to any activity which Finger Puppets Inc. 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.

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.

From time to time, Finger Puppets Inc. may permit resellers to advertise MAP products at prices lower than 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.

From time to time Finger Puppets Inc. may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer’s rebate, provided that:

i. the advertisement includes a MAP-compliant price, the rebate amount, and the net price after the manufacturer’s rebate in the same type size and style;

ii. an asterisk is placed next to the net price after manufacturer’s rebate; and

iii. “*after manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.

Bundling Guidelines:

“Bundling” or advertising Finger Puppets Inc. products for sale together with other products will violate this MAP Policy when:

i. the effective or stated price of the bundle represents a discount greater than 15% of the MAP; or
 
ii. the product(s) bundled with MAP Products violate Finger Puppets Inc.’s Intellectual Property rights; or

iii. the product(s) bundled with MAP Products violate the Finger Puppets Inc. Trademark & Brand Policy (https://www.fingerpuppetsinc.com/pages/finger-puppets-inc-trademark-and-brand-policy)

iv. the product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s); or

v. the effective or stated discount is greater than 15% of the highest priced item in the bundle.

Product(s) bundled with MAP Products must not, without conspicuous warning, create or encourage additional risk of damage, bodily injury or death to the customer if used together.

Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP Product will violate this MAP Policy when:

i. the effective or stated price of the bundle represents an immediate discount of greater than 15% of the MAP; or

ii. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP after taking into consideration an contingent future purchase.

Rebate programs from Finger Puppets Inc., whether on MAP Products or Finger Puppets Inc.’s partners’ products are exempt from this policy.

Policy Enforcement:

If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then Finger Puppets Inc. will consider this to be a violation by the dealer.

Finger Puppets Inc. reserves the right to cancel any pending orders, restrict future orders, or suspend dealers’ account if Finger Puppets Inc reasonably believes:

i. a dealer has violated the provisions of this policy; or
ii. a dealer intends to violate this policy.

Finger Puppets Inc.’s MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate sanctions.

Waivers to this MAP Policy must be granted, in Finger Puppets Inc.’s sole discretion, by the MAP Policy Administrator, and in writing. Finger Puppets Inc. Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.

Finger Puppets Inc. monitors the advertised prices of dealers, either directly or via the use of 3rd party agencies or tools. Dealers are expected to provide reasonable cooperation in any Finger Puppets Inc. investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Finger Puppets Inc. MAP Policy investigation is a violation of this MAP Policy.

The MAP Policy will be enforced by Finger Puppets Inc. in its sole discretion and without notice. Dealers, distributors, resellers, have no right to enforce the MAP Policy. 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 available remedies at law. All questions related to this MAP Policy should be directed to: robby@fingerpuppetsinc.com

To download a copy of our Minimum Advertised Price Policy CLICK HERE