MiNT’s Minimum Advertised Price (MAP) Policy
As the premium brand leader in instant photography, MiNT takes the protection of our brand very seriously. We recognize that our high-quality dealers invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and compelling vendor presentation. To support our resellers’ efforts, MiNT wishes to establish policies that allow resellers to earn the profits necessary to maintain the high level of customer excellence people of come to expect from MiNT dealers. To protect the investment of our high-quality dealers and MiNT’s brand reputation, we have unilaterally adopted a MINIMUM ADVERTISED PRICE POLICY (“MAP Policy”).
MiNT established this MAP Policy due to the fact that reseller advertising and sales practices that promote MiNT products primarily on the basis of price could be detrimental to resellers’ service and support efforts and MiNT’s competitive position. Such activities can be harmful to MiNT’s brand, reputation and competitiveness, and allow some resellers to take advantage of the service and support efforts of others. MiNT believes that these practices are unfair and thus discourages such efforts. MiNT, in its unilateral discretion, will not do business with any reseller, as to the products covered by this MAP Policy, if that reseller intentionally advertises any MAP Product below its MAP price. MiNT is confident that this program will strengthen its competitiveness and benefit all of its resellers.
Policy and Guidelines
- MiNT reserves the right, in its unilateral discretion, to take other action with respect to any reseller that violates this MAP Policy.
- The MAP Policy will be enforced by MiNT in its sole discretion.
- MiNT recognizes that any authorized MiNT account can make its own decisions to advertise and sell any MiNT product at any price it chooses without consulting or advising MiNT. MiNT similarly has the right to make its own independent decision regarding product allocations and reseller participation as a member of the MiNT Authorized Reseller Program – at any time.
- MiNT will maintain an updated “MAP Products” list of those products that will fall under this MAP Policy. MiNT reserves the right to update or modify this list at any time.
- All Products listed will have a MAP retail price. Listing a price other than the MAP retail price next to the featured MAP Product in any advertising will be viewed as a violation of this MAP Policy. This MAP Policy applies to all advertisement of MAP Products in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines catalogs, mail order catalogs, internet or similar electronic media including websites, forums, email newsletters, email solicitations, television, radio, and public signage. Such website features as “Click for price”, automated “bounce – back” pricing e-mails, pre-formatted e-mail responses, forms, automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the reseller (rather than by the customer) and this constitutes “advertising” under this MAP Policy. This MAP Policy also applies to any activity which MiNT 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 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 MAP and otherwise complies with this MAP Policy.
- From time to time, MiNT may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, MiNT 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 resellers of such changes.
- From time to time, MiNT may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer’s rebate, provided that (a) the advertisement include a MAP-compliant price, the rebate amount, and the net price after manufacturer’s rebate in the same type size and style; (b) an asterisk is placed next to the net price after manufacturer’s rebate; and (c) the “*After manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.
- Where MiNT products are bundled with or sold as part of a package that includes other products, it shall be a violation of this MAP Policy to sell or advertise the bundle (or package) at a price that: (a) the minimum advertising price of that bundle set is lower than the price of bundled camera plus the price of contents in bundle, minus the maximum price of TWO films. or (b) violates the letter or spirit of the MAP Policy.
- It shall not be a 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 MiNT Products, so long as no price is listed.
- If a reseller with multiple store locations violates this MAP Policy at any particular store location, then MiNT will consider this to be a violation by all of the reseller’s locations.
- Although resellers remain free to establish their own resale prices, MiNT reserves the right to cancel all orders and indefinitely refuse to accept any new orders from any resellers following MiNT’s verification that such reseller has advertised any MAP Products at a net retail sales price less that the then-current MAP retail price established by MiNT, or if reseller has violated this policy in any other way.