The terms “advertise” and “advertisement” do not include:
- Signage displayed within a brick-and-mortar selling location; and
- Pricing information displayed at the Final Online Checkout Stage (which is when the Covered Product is put into a shopping cart that contains the customer’s name, shipping address, email address, and payment information of a transaction). Please note that pricing information in the “shopping cart” or the Final Online Checkout Stage must be obscured technically so that it is not retrievable by shopping and pricing engines and not displayed on search page results within the Seller’s own website.
5. Policy Violations and Permissible Promotions
Advertisements that violate this Policy include, but are not limited to:
- Offering coupons, discounts, rebates, or other inducements that, when applied, result in an advertised price lower than the MAP, including through use of a storewide sale, category-wide sale, website-wide sale, promotional code, or other similar provision that can be applied to the Covered Products;
- Bundling Covered Products with other products or services (whether made by or provided by PRL or another entity) in a manner that implies below-MAP pricing for the bundled Covered Product(s);
- Creating multipacks using Covered Products in a manner that implies below-MAP pricing for the individual Covered Product used in the multipack;
- Strikeouts or strikethroughs of advertised pricing information, “see price in cart,” or other statements that suggest a lower price for a Covered Product may be found at the Final Online Checkout Stage;
- Permitting any third-party to alter the advertised price for any Covered Product; and
- Direct or indirect attempts to circumvent this Policy.
- It is not a violation to advertise the following, notwithstanding the prior prohibitions in Section 5:
- Customer-Initiated Solicitations for Price: That a customer may “call for price,” “text for price,” or “email for price,” as long as no price is listed and no automated call, text message, or “bounce-back” email is used in response.
- Free/Reduced Price Shipping: A free or reduced-price shipping advertisement as long as such offer applies to all or almost all other products offered by the Seller in the same product category.
- Subscriptions: “Subscribe and Save,” “Auto-ship and Save,” “Repeat Delivery,” or other subscription or auto-replenishment loyalty discount programs which result in a Covered Product being advertised at a price lower than the MAP, provided that such programs do not advertise a discount of more than ten percent (10%) below the Covered Product’s MAP. Promotion of a subscription service is allowed at any time.
- Quantity Discounts: Advertisements of discounts triggered by reaching certain quantity levels of products (including at least one Covered Product) for a single proposed purchase, provided such multi-item discount, when pro-rated among the products included in the purchase, does not result in an advertised price for the Covered Product(s) more than ten percent (10%) below the Covered Product’s MAP.
- First-Time Purchase Promotion: A coupon or coupon code that can be applied only to the first-time purchase of a Covered Product, provided that such coupon or coupon code does not provide a discount of more than twenty percent (20%) below the MAP.
6. This Policy Is Not an Agreement and Is Non-Negotiable
This Policy is not an agreement between PRL and any other entity. We do not seek and will not accept any promise of compliance with this Policy from any Seller or other party, and each Seller must independently choose whether to comply with this Policy. This Policy is not negotiable and will not be altered for any individual Seller.
7. MAP Holidays
PRL may announce MAP holidays or promotions that are applicable to all Sellers, during which specific periods of time a Seller that advertises a Covered Product in compliance with the terms of the MAP holiday will not be considered to have violated this Policy. PRL may send notices to Sellers for any such MAP holidays.
PRL will take the following actions against any Seller that does not comply with this Policy:
First Violation: Written warning.
Second Violation: Written warning and a 60 day shipping hold. This means that we will revoke our acceptance of any pending orders, cancel any pending shipments to you, and not accept any new orders from you during this 60 day period.
Third Violation: Termination of business relationship and revocation of “authorized” status. We will revoke our acceptance of any pending orders and cancel any pending shipments to you. The Seller will no longer be an “authorized” Seller of our products.
PRL will enforce this Policy in our sole discretion and without notice. Sellers have no right to enforce this Policy.
9. Policy Administration
PRL may update, revise, suspend, or otherwise modify this Policy at any time in our discretion, and any modifications will be made available to all Sellers.
Please note that PRL’s employees or agents cannot modify, interpret, or grant any exceptions to this Policy; cannot solicit or obtain the agreement of any person or entity to comply with this Policy; and cannot otherwise discuss any aspect of this Policy with any Seller, including any Seller’s compliance with the terms.
Any questions about this Policy should be sent in writing to PRL’s MAP Policy Administrator at [email protected] PRL will not accept any other form of communication from Sellers regarding this Policy.