Effective Date: March 14, 2023
Collar, LLC ("Collar") actively supports the advertising and promotion of its products by its retail partners and distributors. Collar, however, has determined that it shall not support any advertisements or promotional materials that have the effect of diminishing or detracting from the perceived value of the Collar products.
However, those retailers, and resellers who advertise, offer, or sell any Products via the Internet or at a physical brick and mortar locations at a net retail sales price that is at least equal to the minimum advertised price (the MAP) established and announced by Collar from time to time shall be entitled to publicly state in any advertising and on any website that they are a “Collar Retail Partner.”
The Minimum Advertised Price (“MAP”) will correspond with the Manufacturer Suggested Retail Price (“MSRP”). Retail Partners and Resellers may not advertise Products at a price lower than 15% off of MSRP and, if the price listed equals the applicable MAP, it must be listed without any strike-through, alteration, or other obliteration.
The Collar MAP policy shall operate under the following guidelines:
1. MAP pricing may be adjusted by Collar at its sole discretion upon written notice to the retail partners and distributors.
2. Under this policy any website or commercial marketplace (i.e. eBay, Amazon.com, Rakuten.com, Walmart.com stores) on which Products are advertised for sale must be owned or directly controlled by the Collar Retailer or Distributor. Any arrangement whereby a non-authorized third-party will conduct the Internet/marketplace sales for a retailer (fulfilled by), or distributor are prohibited without the prior written consent of Collar, and which shall be granted or denied at the sole discretion of Collar.
3. This MAP policy applies to all advertisements of all specified products in any and all media, including, without limitation, flyers, coupons, mailers/emails, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet, any use of hypertext transfer protocol or internal links to a web based shopping cart and any other electronic media, television, radio and public signage. The MAP policy is not applicable to any in-store advertising.
a. All advertisements of Products must include the Collar trademarked imagery, written and visual content with exact name or model number of the Product and a price at or above the MAP.
3. The inclusion in advertising of free or discounted products/services whether made by Collar or any other manufacturer with a product covered by this MAP policy would be contrary to the policy if it has the effect of discounting the advertised price of the covered product below the MAP (e.g. free shipping).
a. Products may only be advertised as standalone products and may not include any discount codes or rebates except for Collar authorized promotions (i.e., manufacturer’s rebates)
5. MAP applies only to advertised prices and does not apply to the price at which the Collar products are actually sold or offered for sale to an individual consumer within the dealer’s retail location. Retail location is defined as ‘the physical place where end-users can physically buy and take immediate delivery of the Collar products. Electronic mail sent in direct response to a customer inquiry is also not considered to be advertising. Such Collar Retailers remain free to sell the Collar products at any prices they elect.
6. No Products, including manufacturer close-outs (i.e., discounted styles, opportunity buys) and those with factory defects (i.e., blemishes, factory seconds), may be offered for sale by a retailer, reseller or distributor on any internet auction site including, but not limited to, eBay, Yahoo and Amazon unless approved in writing by Collar.
7. A retailer, reseller or distributor’s website may not give to any users the impression or any reason to believe that they have reached Collar’s official website. A retailer, reseller or distributor’s website must state clearly and conspicuously that it is owned and operated by an independent entity. A retailer, reseller or distributor’s website must accurately display any applicable trademarks owned by Collar. Retailers, resellers and distributors are responsible to make all changes to reflect the latest use of Collar’s names, logos, and trademarks. Retailers, resellers and distributors are encouraged to follow all Internet etiquette and applicable regulations and to be good “net” citizens. Framing of any part of Collar’s website is strictly prohibited and a retailer, reseller or distributor’s website must present a look and feel distinctly unique from that of Collar’s branded websites
8. A retailer, reseller or distributor’s website may not use any Collar name(s), trademarks, logo(s), or product name(s), in the retailer, reseller or distributor’s URL address or domain name or any manner that otherwise does not comply with this Policy and any other applicable policies of Collar.
9. From time to time Collar reserves the right to discontinue products or engage in promotions with respect to certain product lines. In such events, Collar may at its discretion, modify or suspend the MAP with respect to the affected products by notifying all dealers and distributors of such a change.
10. MAP does not establish maximum advertised prices. All dealers may offer the specified products at any price in excess of the MAP established.
11. Intentional and/or repeated failure to abide by this policy will result in termination of dealership and suspension of trade program funding. Collar does not intend to do business with dealers who degrade the integrity of Collar or Collar’s products. Collar will not provide prior notice or issue warnings before taking such action.
a. First Violation: Collar or its Distributor will issue a warning to the retailer or reseller, and Collar or its Distributor may, at its own discretion and without any liability under any existing contracts or agreements, cease all marketing benefits in place or supplying the retailer or reseller with Collar Products for a period not less than thirty(30) days.
b. Second Violation: Collar or its Distributor will issue a warning to the retailer or reseller, and Collar or its Distributor may, at its own discretion and without any liability under any existing contracts or agreements, cease all marketing benefits in place or supplying the retailer or reseller with Collar Products for a period not less than ninety (90) days.
c. Third Violation: Collar or its Distributor may, at its own discretion and without liability under any existing contracts or agreements, initiate the process to terminate the retailer or reseller authorization to sell Collar Products.
13. This MAP policy is designed to ensure retail partners have the incentive to invest resources with respect to all Collar products which are unique and innovative.
If you have any questions or concerns about this Policy, please contact us at firstname.lastname@example.org