UNITED STATES MINIMUM ADVERTISED PRICE POLICY
Effective October 11, 2021
Angels’ Eyes, has determined that certain advertising practices undermine Angels’ Eyes’ trade reputation, brands, and premium image within the target consumer population and discourage Angels’ Eyes’ resellers from investing in the Angels’ Eyes product lines and providing the best possible service and support to consumers. Accordingly, to protect the integrity of the brands manufactured or sold by Angels’ Eyes, Angels’ Eyes has adopted this unilateral Minimum Advertised Price Policy (the “Policy”), which applies to all authorized resellers of Angels’ Eyes Products in the United States of America. This Policy replaces the Value Protection Policies for Retailers that was effective April 4, 2017.
The Policy applies to advertisements of the Angels’ Eyes products listed on the Angels’ Eyes MAP Schedule (“Covered Products”), which can be found on the following website: https://angelseyesonline.com/map-pricing/. Angels’ Eyes MAP Schedule will be made available to all resellers and may be amended by Angels’ Eyes in its sole discretion at any time.
Angels’ Eyes is solely responsible for establishing the minimum advertised price (“MAP”) for each Covered Product and communicating the MAP to all resellers. While resellers remain free to advertise and sell all Angels’ Eyes Products at any price they deem appropriate, it is a violation of this Policy for a reseller to advertise any Covered Product at a price lower than the MAP. Such advertisements include, but are not limited to:
i. With the exception of the Permissible Promotions (as hereinafter defined), offering coupons, discounts, reseller rebates, or other inducements that, when applied, result in a price lower than the MAP, including through use of a storewide sale, promotional code, or other similar provision that can be applied to Covered Products.
ii. Bundling Covered Products with other products or services (whether made by or provided by Angels’ Eyes or another entity) in a manner that implies below-MAP pricing for the bundled Covered Product.
iii. Strikeouts or strikethroughs of pricing information, “see price in cart,” or other statements that suggest that a lower price for a Covered Product may be found at the final online checkout stage.
iv. Permitting any third party to alter the advertised price for any Covered Product.
Direct or indirect attempts to circumvent this Policy also violate this Policy; however, it is not a violation to advertise 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.
For purposes of this Policy, the terms “advertise” and “advertisement” include all promotional or pricing information displayed via any type of media, including, but not limited to, newspapers, catalogs, magazines, flyers, brochures, television, radio ads, billboards, signage (except signs displayed within a brick-and-mortar selling location), websites, blogs, social media, affiliate marketing networks/comparison shopping engines, reseller-initiated text messages or emails to customers or prospective customers, mobile/smart phone applications, banner ads, online product ads, paid search ads, pay-per-click ads, display ads, mobile ads, product listing ads, sponsored links, ads in any other media in a digital format that is communicated or conveyed via the Internet, and any other marketing or promotional materials, whether displayed online or through broadcast or other media.
Notwithstanding the foregoing, pricing information displayed at the final online checkout stage of a transaction is notconsidered “advertising” under this Policy. The “final online checkout stage” is the stage when the Covered Product is put into a shopping cart that contains the customer’s name, shipping address, email address, and payment information. Pricing information in the “shopping cart” or “checkout” stages must be obscured technically so that it is not retrievable by shopping and pricing engines, and not displayed on search page results within the reseller’s own website.
From time to time, Angels’ Eyes may announce MAP holidays or promotions that are applicable to all resellers, during which periods a reseller that advertises a Covered Product in accordance with the terms of the authorized promotion will not be deemed to have violated the Policy (the “Permissible Promotions”). Angels’ Eyes will notify all resellers of any such authorized promotions, generally not fewer than 30 days in advance.
Until otherwise announced by Angels’ Eyes, Permissible Promotions include:
i. The advertisement of free or reduced-price shipping on a Covered Product, as long as such offer applies to all other products offered by a reseller in the same product category and the value of the free or reduced-price shipping is reasonable;
ii. A coupon, coupon code, reseller rebate, or similar inducement that can be applied to a Covered Product, provided that such coupon, coupon code, reseller rebate, or other inducement: (1) applies to all products offered by reseller or all products offered by reseller in the same category as the Covered Product; (2) does not specifically refer to any Covered Product; and (3) does not provide a discount of more than twenty percent (20%) below the MAP; and
iii. “Subscribe and Save,” “Auto-ship and Save,” “Repeat Delivery,” or other subscription or auto-replenishment loyalty discount programs which result in a discount below MAP, provided that such programs do not advertise a discount of more than thirty percent (30%) below the MAP for the first purchase in the program, and no more than fifteen percent (15%) below the MAP for remaining purchases in the program.
Angels’ Eyes may alter or revoke the Permissible Promotions or modify the Covered Products that may be advertised pursuant to the Permissible Promotions, at any time in its sole and absolute discretion. Angels’ Eyes will make all resellers aware of any such modifications.
This Policy does not constitute an agreement between Angels’ Eyes and any other entity. Angels’ Eyes neither solicit nor will it accept any assurance of compliance with this Policy from any reseller or other party. Each reseller must independently choose whether to comply with the terms of this Policy. This Policy is not negotiable and will not be altered for any individual reseller. This Policy applies only to advertised prices and does not affect the prices that a reseller may charge for Angels’ Eyes Products.
Angels’ Eyes will take the following actions against any reseller that fails to comply with this Policy with respect to the advertisement of any Covered Product:
i. For a reseller’s first violation of the Policy, Angels’ Eyes will notify the reseller in writing of such failure.
ii. For a reseller’s second violation of the Policy, Angels’ Eyes will notify the reseller in writing of such failure and will immediately place the reseller’s account on shipping hold for thirty (30) days. Angels’ Eyes will revoke its acceptance of any pending orders, cancel any pending shipments to the reseller, and not accept any new orders from reseller during this 30-day period.
iii. For a reseller’s third violation of the Policy, Angels’ Eyes will terminate its business relationship with the reseller. Angels’ Eyes will revoke its acceptance of any pending orders and cancel any pending shipments to the reseller.
Although Angels’ Eyes is not directing any reseller to require that its customers comply with this Policy, a violation of this Policy by any such third party will constitute a violation by the reseller.
The Policy will be enforced by Angels’ Eyes in its sole discretion and without notice. Resellers have no right to enforce the Policy.
Angels’ Eyes may update, revise, suspend, terminate, reinstitute, or modify this Policy at any time in its sole discretion. Angels’ Eyes shall make any such modifications available to all authorized resellers. If Angels’ Eyes changes the MAP on any Covered Product, it will provide at least 14 days’ notice to resellers before such change takes effect.
No Angels’ Eyes employee or agent, including a reseller’s sales representative, is authorized to modify, interpret, or grant exceptions to this Policy; solicit or obtain the agreement of any person to this Policy; or otherwise discuss any aspect of this Policy with any reseller, including that reseller’s or any other reseller’s compliance with the terms of the Policy. Any questions about this Policy should be submitted in writing and directed to Angels’ Eyes’ MAP Policy Administrator at firstname.lastname@example.org. Angels’ Eyes will accept no other form of communication from resellers regarding the Policy.
This Policy is effective October 11, 2021, and supersedes all prior Angels’ Eyes policies and/or representations regarding minimum advertised prices or resale prices for Angels’ Eyes Products applicable to any reseller. To the extent that any provision, term, or agreement governing the relationship between Angels’ Eyes and any reseller may be construed in a manner that is inconsistent with the terms of this Policy, the terms of this Policy control.