Canidae Pet Food Company
Minimum Advertised Price Policy
Effective Date: 4/1/2022
CANIDAE Pet Food Co. enjoys the reputation as super premium brand offering the highest quality food and treats for pets. CANIDAE’s premium image has been earned through extensive product and market development activities, superior customer services, and the significant investment of time and resources by CANIDAE’s retail sellers in educating consumers and promoting CANIDAE super premium products.
In order to preserve the long-term viability of CANIDAE brands and help protect the investments of CANIDAE, Authorized Dealers and other retail sellers, CANDIAE unilaterally has adopted this Minimum Advertised Price Policy (“MAP Policy”) for CANIDAE products. This MAP Policy does not represent an agreement or an offer of an agreement. This policy applies to retail sales by CANIDAE’s Authorized Dealers and to retail sales by retail sellers who purchase though an authorized CANIDAE distributor. The MAP Policy simply describes the conditions under which CANIDAE may, at is sole discretion, choose to sell (or not to sell) its products directly to an Authorized Dealer, or otherwise make those products available to retail sellers.
MAP Policy Provisions
1. Any retail seller that directly or indirectly advertises CANIDAE products at a price below the current MAP price will be considered in violation of this MAP Policy. The MAP price is shown on CANIDAE’s current MAP retail price list, which may be amended from time to time by CANIDAE in its sole discretion.
2. This MAP Policy applies to all forms of communication, advertising and media relating to CANIDAE products, including without limitation print, radio, television, coupons, mailers, inserts, fliers, public signage, social media, emails, websites, internet advertising, promotions, exchanges, discounts, product combination specials, and package deals (collectively “Advertising”). Any Advertising listing a price at or above the MAP price along with an offer or promotion which, in conjunction with such offer or promotion, effectively lowers the advertised price below the MAP price will be in violation of this MAP Policy. This includes absolute price point minimums, maximum dollars off and percentage discounts that result in an effective advertised price point below the MAP price. Packaging the sale of CANIDAE products with other products that are sold at a discount or offered to the customer for free is not permitted when it results in an effective price for one or more CANIDAE products that is below the MAP price.
3. This MAP Policy applies to retail sellers who resell CANIDAE products to consumers located in the United States and its territories.
4. This MAP Policy applies to both internet sales and brick and mortar sales.
5. Advertising claiming “price matching” or “lowest available price” is not restricted by this policy, provided it does not list pricing below the MAP price.
6. For retail sellers approved to provide internet sales, this MAP Policy does not prohibit communicating an actual sales prices by using online features such as “Call for Pricing,” “Add to Cart to See Price,” “See Price in Cart,” “To View Price, Add to Your Shopping Cart,” “Price Unavailable–Click to See More,” or any similar feature, as long as the final net advertised price for a sale through an e-commerce site to the consumer is not less than the MAP price. Once the pricing is associated with an intent to purchase (added to shopping cart), the price becomes the selling price and is not bound by this MAP Policy.
7. Advertising in relation to loyalty programs that apply a discount in exchange for the customers agreeing to a subscription service or an automatically recurring purchase may advertise a price up to 5% below the MAP price for products sold through such programs.
8. Retail sellers with multiple locations or e-commerce sites in violation of this MAP Policy will be deemed to have violated the MAP Policy in all locations and on all e-commerce sites.
9. CANIDAE unilaterally may suspend this MAP Policy on select Stock Keeping Units (“SKU”) for the purposes of CANIDAE initiated promotions that may include advertising below the MAP price. No other exceptions to this MAP Policy, temporary or otherwise, shall be permitted in the absence of written authorization from CANIDAE.
10. The MAP price shall be unilaterally determined by CANIDAE and may be changed from time to time at the sole discretion of CANIDAE.
11. This MAP Policy applies only to advertised prices and does not apply to the final resale prices at which CANIDAE products are actually sold. Each retail seller remains free to establish its own resale prices.
12. This MAP Policy is effective 4/1/2022 and supersedes any prior versions. Unilateral Policy CANIDAE recognizes that retail sellers are free to use their independent judgment to set the final sale price for CANIDAE products. CANIDAE similarly has the right to make its own independent decisions regarding its association with retail sellers.
This MAP Policy has been unilaterally adopted by CANIDAE and will be uniformly enforced. Each retail seller is free to decide whether to follow this MAP Policy, however, this policy is non-negotiable and does not constitute an agreement between you and CANIDAE. CANIDAE is not seeking, and will not accept, a response or any assurance of compliance from you. This MAP Policy will not be altered for any retail seller.
CANIDAE reserves the right, in its unilateral discretion, to take any action with respect to a retail seller that violates the MAP Policy. Such actions may include, refusal to fulfill new orders, reducing or eliminating any and all trade funding or advertising support to which the retail seller may be entitled, terminating any existing Authorized Dealer Agreement, or any other action CANIDAE may choose.
Questions, Additional Information or Information Regarding Potential Violations
All questions or comments regarding this MAP Policy (which must be in writing) must be addressed to the MAP Policy Administrator at firstname.lastname@example.org. The MAP Policy Administrator is solely responsible for all questions or communications regarding this MAP Policy.