Effective Date: December 1, 2019
Me & my BIG Ideas LLC (“MAMBI”) has determined that advertising its products at prices below certain levels undermines MAMBI’s brand and discourages Retailers from investing in the growth of MAMBI product lines. Therefore, MAMBI has adopted a Third-party Internet Selling Minimum Advertised Price (“IMAP”) policy (the “Policy”), which applies to all Advertisements (as defined below) of MAMBI products by Third-party Internet Retailers of MAMBI products (hereinafter “ERetailers”).
MINIMUM ADVERTISED PRICE
IMAP is established solely by MAMBI and will be communicated to all ERetailers. The products, Suggested Retail Prices (“SRPs”), and IMAP may be changed from time to time at MAMBI’s sole discretion. If MAMBI changes the IMAP on any product, it will provide at least 30 days’ notice to ERetailers before such change takes effect.
It is a violation of this Policy for an ERetailer to advertise any MAMBI product(s) at a price lower than the published IMAP. This policy applies to all advertisements of MAMBI products in any and all media as well as any advertising as it pertains to the sale of MAMBI branded product in Third-party internet venues.
The IMAP pricing for the MAMBI brand as of the Effective Date is equal to the MSRP for each product.
An advertisement includes any and all promotional or pricing information accessible to consumers via any type of media, marketing, or promotional materials, including, without limitation:
- Flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogues, internet or similar electronic media including web sites, email and email solicitations, newsletters, television, radio, public signage, trade shows, billboards; and
- All forms of Internet advertising, including, without limitation, all websites and website pages and banners, social media, emails, blogs, portal sites, and search engines (including but not limited to Google, Google Shopping, Yahoo, etc.) whether or not products are sold from those sites. This includes prices listed in emails, search engines or placement of ads on any other website, including natural or paid search engine listings, shopping sites, marketplaces and auction sites. Internet sites that ask customers to utilize their shopping cart as a way of displaying pricing are in violation of this Policy. At no time may the Retailer make any statement on its website or other sites in connection with any product that indicates or implies that a lower price may be found at the online checkout stage. Moreover, using another company’s website to display a lower price than the IMAP and offering a link to your website or to display a lower price than IMAP is prohibited.
Direct or indirect attempts to circumvent this Policy will be considered a violation of this Policy. Such attempts may include, but are not limited to:
- The use of any discount, gift card, coupon, giveaway, rebate offer or incentive (whether in the form of a special event, promotion, condition to doing business or otherwise) in any advertising by an ERetailer where the cumulative effect is to reduce the advertised price of any product(s).
- Advertisements that bundle or include free or discounted MAMBI products with other products or services (whether or not manufactured by MAMBI) if such bundling has the effect of discounting the advertised price of the MAMBI product below the IMAP. In the case of bundles, the advertised price of the bundle must be equal to or greater than the total of the IMAP of each product (from MAMBI or from other manufacturers) in such bundle. If other products in the bundle do not have a IMAP, then its retail price must be used. Other products may be advertised as giveaways with the purchase of any MAMBI product, but the advertised value of such give-away shall not exceed the IMAP price for MAMBI plus the IMAP or SRP of the other product.
- For multipack offers the IMAP of the multipack is the quantity of product in the multipack multiplied by the respective IMAP of the products that comprise said multipack.
An “advertisement” shall not include any in-store advertising that is displayed only in the store and not distributed to any customer. In-store displays, point-of-sale signs, hangtags or bar codes or similar marks on products or product packaging that merely states the related product’s price are not considered “advertising.” Discontinued or “Hot Buy” merchandise approved by MAMBI are excluded from the IMAP Policy. This IMAP Policy does not establish maximum advertised prices. All ERetailers may offer products at any price in excess of the respective product IMAP.
MAMBI will monitor and review ERetailers’ advertisements for violations of this Policy. Violations of the Policy shall be determined by MAMBI in its sole discretion. ERetailers have no right to enforce the Policy and MAMBI will not communicate with any Retailer or third-party regarding violations of this Policy by others. MAMBI reserves the right to impose the following if MAMBI believes that:
- An ERetailer has violated the provisions of this Policy; or
- An ERetailer has engaged in any activity that MAMBI determines, in its sole discretion, is designed or intended to circumvent the intent of this Policy.
Specifically, MAMBI will take the following actions, which apply to all ERetailers, should an ERetailer fail to comply with the Policy:
First Violation: Warning only. Request to abide by Policy within 24 hours. No action taken.
Second Violation: Block ERetailer’s account for 30 days after sending notice of the violation.
Third Violation: Cease doing business with ERetailer.
However, MAMBI reserves the right to not provide prior notice before taking action under this Policy.
MAMBI reserves the right at any time to modify, suspend, or discontinue this IMAP Policy, in whole or in part, or to designate periods during which the terms of the Policy change or are not applicable. No MAMBI employee or agent is authorized to modify, interpret, or grant exceptions to this Policy for any ERetailer. No person has authorization to modify this Policy or to solicit or obtain agreement of any person to this Policy, and any such modification or agreement is invalid. Any questions about this Policy should be submitted in writing and directed to MAMBI.
This Policy does not constitute an agreement between any ERetailer or other party and MAMBI. MAMBI is not seeking, and will not accept, any agreement or other assurance of compliance from any ERetailer or other party to adhere to this IMAP Policy. It is entirely within the discretion of the ERetailer whether to comply or not comply. This Policy is non-negotiable and will not be modified for any ERetailer. The Policy is not intended to control, influence, determine, limit, or affect in any way the actual prices at which ERetailers ultimately sell MAMBI products to its consumers. The Policy is strictly limited to restrictions on advertised prices. Each ERetailer remains free to determine its own resale price for MAMBI products.