MAP Policy

The MAP Policy will be enforced by Pets + People in its sole discretion. Authorized Retailers remain free to sell all Pets + People products, including MAP Products, at any price they choose, and Pets + People will not seek to accept agreement with respect to resell prices. Pets + People recognizes that any authorized retailer can make its own decisions to advertise and sell any Pets + People products at any price it chooses without consulting or advising Pets + People. Pets + People similarly has the right to make its own independent decision regarding product allocations and retailer participation as a Pets + People wholesale account at any time. 

Pets + People will maintain and upload “MAP Products” list of those products that will fall under this MAP Policy. Pets + People reserves the right to update or modify this list at any time. 

All products listed will have a MAP Price. Listing a price lower than the MAP Price next to the featured MAP product in any advertising will be viewed as a violation of this MAP Policy. The Pets + People MAP Policy applies to all advertisement of MAP Products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, ecommerce sites, email, television, radio and public signage. Such website features as “Click for price”, automated “bounce-back” pricing emails, pre-formatted email responses, forms, automatic price display for any items prior to being placed in customer’s shopping cart, and other similar features are considered to be communications initiated by the authorized retailer (rather than by the customer) and this constitutes “advertising” under this MAP Policy. “Bundling” or advertising products for sale together with other products will violate this MAP Policy when the effective or stated price of the bundle represents a discount greater than sum of MAP Price. 

This MAP Policy also applies to any activity which Pets + People 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 authorized retailer has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the authorized retailer does not include any advertised price below MAP and otherwise complies with this MAP Policy. 

From time to time, Pets + People may in its sole discretion permit authorized retailers to advertise MAP Products at prices lower than the MAP retail price. In such events, Pets + People 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 authorized retailers of such changes. 

It shall be a violation of this MAP policy to include in any advertising of Pets + People Products any additional discount, coupon, gift card, rebate, or incentive (whether in the form of a special event, promotion, term of doing business or otherwise) that translated into an immediate price reduction, where the cumulative effect would be to reduce the advertised price of any MAP Product below MAP price. 

It shall not be 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 Pets + People Products, so long as no price is listed. 

If an authorized retailer with multiple store locations violates this MAP Policy at any particular store location, then Pets + People will consider this to be a violation by all of the authorized retailer’s locations. 

Although authorized retailers remain free to establish their own resale prices, Pets + People reserves the right, in its unilateral discretion, to cancel all orders and indefinitely refuse to accept any new orders from any authorized retailers following Pets + People’s verification that such authorized retailer has advertised any MAP Products at a new retail sales price less than the then-current MAP Price established by Pets + People, or if authorized retailer has violated this policy in any other way. 

Pets + People ‘s sales representatives are NOT permitted to discuss this Policy or make any agreements or assurances with respect to Pets + People ‘s Policy regarding authorized retailer advertising or pricing. No complaint from any authorized retailer with respect to the advertising or pricing of any other dealer is sought or will be considered. 

Authorized retailer agrees that it will neither sell nor enable any third party to sell Pets + People MAP Products outside the Territory or sell MAP Products to any party within the Territory for resale or delivery outside the Territory. Further, Authorized retailer shall not promote or solicit customers for MAP Product sales outside the Territory. Authorized retailer shall not establish any facility outside the Territory through which orders are solicited or in which inventories of MAP Products are stored without Pets + People’s written consent. 

Pets + People may engage in monitoring of advertised prices for the Products sales in all channels, either directly or via the use of third parties. Third parties retained by Pets + People may engage in the monitoring of product sales by the Authorized retailers to verify that the terms of this MAP Policy are being enforced.