US Minimum Advertised Price Policy

Effective September 1, 2015

 

Introduction

To protect the investment of our retailers and Virginia Gift Brands (VGB) brand reputation, we have adopted the following Minimum Advertised Price Policy (“MAP Policy”) for all VGB products, except as designated by VGB from time to time in writing or as posted on a website (“Covered Products”). VGB’s goal in establishing this policy is to avoid degradation of, or damage to, the premium quality and image of its Covered Products and to the trademarks, other marks, brands or trade names under which its Covered Products are sold. VGB, in its discretion, will not do business with any E-Commerce Reseller, retailer or distributor (each a “E-Commerce Reseller”) as to the Covered Products, if that E-Commerce Reseller intentionally advertises any MAP Product below its MAP price. VGB may choose to enforce this policy through action up to and including termination of an E-Commerce Reseller that advertises any Covered Product below the stated Minimum Advertised Price as set forth below. This MAP Policy will be applied and enforced as follows:

Official Policy and Guidelines

The minimum advertised price (“MAP”) for each Covered Product shall be the price designated as the MAP on the current VGB price list as issued by VGB from time to time, or, if no MAP is listed for any Covered Product, the MAP will be the Manufacturer’s Suggested Retail Price (“MSRP”) for that Covered Product. Current price lists may be obtained by contacting a VGB sales representative or at the following website: http://www.virginiacandlewholesale.com/map.html. The MAP for one or more products may be amended from time to time and may be suspended periodically for national, regional and/or seasonal promotions sponsored by VGB. Changes to the MAPs will be posted on the VGB website. It is the responsibility of E-Commerce Resellers of VGB Covered Products to monitor the designated VGB website for updates. 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.

 

At no time may the E-Commerce Reseller make any statements or other indications on its website in connection with any MAP product(s) that indicates or implies that a lower price may be found at the online checkout, including any of or anything similar to the following:

“Click here for lower price”

“Call for lower price” or “Call for price”

“Add to cart for lower price”

“Check cart for lower price”

“Email for a better price”

“Mouse over for price”

“Log-in for price”

“See price in cart”

 

Any price advertised below the MAP is a violation of this MAP Policy. For example, if a product with a MSRP of $24.99 is advertised below $24.99, this is a violation of the MAP Policy.

 

Advertising two or more Covered Products (i.e. two VGB products that are covered by this MAP Policy) for sale together at a price less than the combined MAPs for each Covered Product is a violation of this MAP Policy.

 

From time to time, VGB may permit E-Commerce Resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, VGB 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 E-Commerce Resellers of such changes via the aforementioned website. Please see the below schedule for blackout dates.

 

E-Commerce Resellers may run self-funded promotions featuring Covered Products upon prior approval from VGB. If a promotion is run without prior approval VGB will consider this to be a violation.

 

If an E-Commerce Reseller with multiple store locations violates this MAP Policy at any particular store location, then VGB will consider this to be a violation by all of the E-Commerce Reseller’s locations.

 

Although E-Commerce Resellers remain free to establish their own resale prices, VGB reserves the right to cancel all orders and refuse to accept any new orders from any E-Commerce Resellers following VGB’s verification that such E-Commerce Reseller has violated this policy in way.

 

The MAP policy does not establish maximum advertised prices. All E-Commerce Resellers of VGB product may price and advertise any product in excess of MAP pricing as they wish.

 

VGB’s sales representatives are NOT permitted to make any agreements or modifications with respect to VGB’s MAP Policy regarding E-Commerce Reseller advertising or pricing. This also includes any consumer program or promotion that affects the below-listed MAP Products.

 

VGB reserves the right to modify, suspend, or cancel the MAP Policy, or modify any or all MAPs at any time. VGB will provide notice of any such modifications, suspension or cancellations on the designated VGB website. It is the responsibility of each E-Commerce Reseller to monitor the designated website for updates.

 

If an E-Commerce Reseller advertises prices below those required by this MAP Policy, VGB shall take appropriate action to enforce this MAP Policy, including but not limited to one or more of the following actions:

First Offense: Notify the Reseller of the non-compliant advertisement with a reminder of VGB’s MAP Policy on Covered Products. The Reseller will have five (5) business days to correct the violation. If the violation is not corrected in this period of time, a second violation will be deemed to have occurred.

Second Offense: Terminate the Distributor/Reseller Agreement or other relevant agreement between VGB and the Reseller who has violated this MAP Policy.

 

VGB reserves the right, in its unilateral discretion, to take any other action with respect to any E-Commerce Reseller that violates this MAP Policy as is available at law or in equity.

 

The date of violation will be determined by VGB. Each violation will remain on record for 1 year following the E-Commerce Reseller’s last violation. Notwithstanding the foregoing, in the event any E-Commerce Reseller commits one or more violations of this MAP Policy within a 365-day period, VGB reserves the right to immediately terminate the Distributor/E-Commerce Reseller Agreement or other relevant agreement between VGB and the E-Commerce Reseller, or to indefinitely suspend all orders received from such E-Commerce Reseller.

 

VGB may engage in monitoring of advertised prices of MAP products, either directly or via the use of third parties. Third parties retained by VGB may engage in monitoring of advertisements and website advertising including, but not limited to, review of advertised prices.

 

VGB is permitted to price products in its sole discretion.

 

Below are the time periods when the Virginia Gift Brands MAP Policy will be suspended to allow for Seasonal Promotions and Clearances.

 

Any internet sales and discounts must occur during these time periods or be in violation of the Virginia Gift Brands Map Policy:

 

Early Spring: 2/6/17 - 2/14/17 & 3/9/17 - 3/13/17

Late Spring: 4/6/17 - 4/12/17 & 5/4/17 - 5/10/17

Late Spring: 4/6/17 - 4/15/17, 4/26/17 - 4/30/17 & 5/7/17 - 5/21/17 *WoodWick Allure Only*

Early Summer Clearance: 6/8/17 - 6/14/17 *Discontinued/Seasonal Products Only

Early Summer: 6/7/17 - 6/18/17 *WoodWick Allure Only*

Summer Clearance: 7/3/17 - 7/17/17 *Discontinued/Seasonal Products Only

Summer: 7/5/17 - 7/31/17 *WoodWick Allure Only*

Fall: 10/12/17 - 10/18/17

Black Friday: 11/20/17-11/26/17

Cyber Monday: 11/27/17

Fall Clearance: 11/28/17 - 12/11/17 *Fall/Seasonal Products Only

Holiday Clearance: 12/26/17 - 1/6/17 *Discontinued/Seasonal Products Only

WHOLESALE

Official Resource for Virginia Gift Brands Retailers