Minimum Advertised Price (“MAP”) Policy
It is recognized that the success of Kinco® is tied to the success of our distribution network. We also know that many of our Resellers invest significant time and resources to partner with their customer base and provide them with an extraordinary customer 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 Reseller’s service and support efforts. As a result, Kinco® has unilaterally established this Minimum Advertised Price (“MAP”) Policy that will be enforced year-round starting August 1, 2023.
Kinco®, in its sole discretion, reserves the right to discontinue doing business with any Reseller that advertises any product(s) covered by this MAP policy at a price lower than the MAP.
- The MAP policy applies to all sales directly to end-users, whether the use of the products are for consumer/DIY or professional use.
- Product (and all its sizes) covered by this policy are listed in Appendix I, (“MAP Products”). Kinco® may in its sole discretion modify this list from time to time.
- Kinco® recognizes that Resellers are free to make their own decisions to advertise and sell any Kinco® product at any price they choose, without consulting or advising Kinco®. Similarly, Kinco® will exercise its right to make its own decisions regarding supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, etc.
- 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, over the telephone, by e-mail, or via other communication medium.
- Kinco® believes in maintaining a well-regulated and fair marketplace for all its Resellers.
- Kinco® will communicate with its Resellers via email concerning any change to this Policy which may occur from time to time.
- Kinco® reserves the right, at its sole discretion, to modify, amend, suspend or cancel this Policy at any time without any advanced notice.
AMAZON.COM, WALMART.COM, SEARS.COM, EBAY.COM, AND OTHER MARKETPLACE RESTRICTION
- No Resale on Amazon. Unless otherwise agreed with Kinco® in writing, Reseller may not advertise or sell the products on the Amazon marketplace or resell products to distributors who resell to Amazon.com 3rd party Resellers or sell directly to Amazon.com. Reseller may also not resell to or on Walmart.com, Sears.com, Ebay.com, or any other online marketplace or website without the prior written consent of Kinco®. Compliance with MAP - Minimum Advertised Pricing (MAP) on these marketplaces should be equal to Manufacturer’s Suggested Retail Price (MSRP) if item does not have MAP noted.
- Retail Websites. Retail websites must be wholly owned and/or operated by the Reseller and comply with MAP as outlined in this policy. As noted above, no 3rd party reselling is permitted unless otherwise permitted by Kinco® in writing. The use of the Kinco® brand, or Kinco® brand names as part of your website address (domain name) are not permitted. See REGISTER for details.
- Compliance with MAP. Reseller may not advertise in the buy box or behind an “add to cart” function the products at a price less than such minimum advertised price.
- Handling and Storage. Reseller agrees to handle, store and prepare for shipment the products in compliance with Brand’s storage and handling specifications.
- Product Packaging. Reseller may only sell products in their original packaging. Relabeling, repackaging (including the separation of bundled products or the bundling of products), and other alterations to products or their packaging are not allowed. Reseller may not remove, translate, or modify the contents of any label or literature on or accompanying the products. Reseller may not alter or remove any trademarks, proprietary notices or warning labels included in, on, or in connection with, Kinco® products.
- Support of Manufacturer’s Warranty. Reseller may extend to any authorized buyer of the products the original manufacturer’s warranty in accordance with its terms. Reseller may not modify or alter the original manufacturer’s warranty, represent or characterize the original manufacturer’s warranty in any misleading manner, or extend its own warranty with respect to the products. Reseller must adhere to Kinco®’s warranty and consumer support obligations and initiatives.
- 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 to solely on-premise or in-store advertising, in-store banners or in-store price markings.
- The MAP Policy does not apply to advertising on the site of a local event or trade show.
- The MAP Policy does not apply to e-mails, text messages, letters, and quotes from a Reseller addressed to an individual customer in connection with that customer’s inquiries, specific expressions of interest or business with the Reseller.
- The MAP Policy does not apply to advertising of Kinco® products excluded from the Policy.
- It shall not be a violation of this MAP Policy to advertise that a customer may “add to cart for price”, “call for price” or “email for price,” or to use similar language, specifically with respect to Kinco® products, so long as no price below the MAP is listed.
- 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 the MAP and otherwise complies with this MAP Policy.
- This Policy also applies to any activity designated or intended to circumvent the intent of the Policy itself. For instance, the inclusion of the Products in the advertising of free or discounted products, cash rebates, coupons, BOGO (buy one, get one) or bundled promotions (including second pair and bundling with other manufacturer’s product), would be a violation of this policy if such inclusion has the effect of advertising the price of the Products below the applicable MAP.
- Kinco® permits Resellers to advertise MAP products at prices lower than MAP for Black Friday (Friday after Thanksgiving) and Super Saturday (Saturday before Christmas) sales.
- If a Reseller with multiple locations violates this MAP Policy at any one location, or on any associated website, then Kinco® will consider this to be a violation by the Reseller.
- Kinco®’s MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate sanctions.
- Kinco® reviews the advertised prices of Resellers, either directly or via the use of third-party agencies or tools. Resellers are expected to provide reasonable cooperation in any Kinco® investigations regarding possible MAP policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Kinco® MAP policy investigation is a violation of this MAP Policy.
- The MAP Policy will be enforced by Kinco® in its sole discretion and without notice. Warehouse Resellers, Resellers/jobbers, and Resellers have no right to enforce the MAP policy.
- Kinco® reserves the right to cancel any pending orders, restrict future orders, or suspend a Reseller’s account if Kinco® reasonably believes:
- a Reseller has violated the provisions of this policy; or
- a Reseller intends to violate this policy.
Violations are as follows:
- First Violation:
Warning letter will be issued giving the Reseller 48 hours to adhere to MAPP.
- Second Violation:
A second warning letter will be issued to Reseller notifying loss of all program discounts and special buys for 90 days. Pricing will change to reflect a 10% price increase for 90 days on all confirmed orders.
- Third Violation:
A final letter will be issued to notify that all orders in progress including confirmed and future orders will be canceled. This will require that the Reseller remove all internet advertising and retailing of all Kinco® products that are included in the MAPP noted on Appendix I.
- First Violation:
REGISTERAll Reseller’s posting prices and/or retailing on their website(s) or as a third-party, must provide Kinco® the url(s) of said website(s). Sites will be monitored for MAP compliance.
Sites must be registered by sending an email to Reseller@Kinco.com and include the following:
- Account name that is set up to buy from Kinco®
- Contact name, email, and phone number
- Website(s) where they are retailing
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